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08/30/2021Monday, August 30, 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 August 30, 2021Council Work Session Work Session Agenda 1. Call to Order 2. Engineering Support the recommendation to regulate to the Pinellas County’s Restore Act Vulnerability Assessment (VA) where the VA has a higher base flood elevation (BFE) than the adopted FEMA FIRM. (WSO) 2.1 Approve a professional services agreement and work order to InVision Advisors, LLC, of Tampa, FL, per Request for Qualifications (RFQ) 51-21 for Owner’s Representative Services during construction of Imagine Clearwater (17-0031-EN) in the not-to-exceed amount of $240,000 and authorize the appropriate officials to execute same. (consent) 2.2 Approve a Purchase Order to Arthur J. Gallagher Risk Management Services, Inc. of Orlando, Florida for builder’s risk insurance for Imagine Clearwater (17-0031-EN) in the amount of $276,182.00 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent). 2.3 3. Economic Development and Housing Approve the Contract for Purchase by the City of Clearwater of certain real property located on the southwest corner of N. Martin Luther King Jr. Avenue and Engman Street with a purchase price of $35,000 and total expenditures not to exceed $37,000; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and approve the transfer of $37,000 from general fund reserves at third quarter to cover the cost of the purchase. (consent) 3.1 Appoint eleven members to the Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 21-30. 3.2 4. Human Resources Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) 4.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Supervisors Bargaining Unit for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) 4.2 Page 2 City of Clearwater Printed on 8/27/2021 August 30, 2021Council Work Session Work Session Agenda 5. Police Department Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2022, and authorize the appropriate officials to execute same. (consent) 5.1 Authorize the trade-in to GT Distributors, Inc. of Austin, TX for twenty-one used Glock 42 pistols with 2 magazines, and TruGlo Sights, in the trade-in amount of $5,859.00, pursuant to City Code of Ordinances 2.623 (6) and (7)(e) Disposal and disposition of surplus tangible personal property, and authorize the appropriate officials to execute same. (consent) 5.2 Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $599,530, which includes a contingency, for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2021 through September 30, 2022 and authorize the appropriate officials to execute same. (consent) 5.3 6. Information Technology Approve a Purchase Order to CDW Government, LLC (CDW-G) of Vernon Hills, IL in the amount of $382,110.00 for the purchase of Fortinet hardware, software, and maintenance, pursuant to City Code of Ordinances Section 2.563(1)(c) - Piggyback, and authorize the appropriate officials to execute same. (consent) 6.1 Authorize a purchase order to the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $164,220 for the period October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing; and authorize the appropriate officials to execute same. (consent) 6.2 7. Solid Waste Authorize a purchase order to Stolze Door Company d/b/a Overhead Door of Clearwater of Clearwater, Fl, for maintenance, repair, and replacement of overhead/security doors, in the not-to-exceed amount of $625,000 from May 23, 2021 through March 11, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.1 Page 3 City of Clearwater Printed on 8/27/2021 August 30, 2021Council Work Session Work Session Agenda Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the term October 1, 2021 through September 30, 2022 in a not-to-exceed amount of $4,508,000.00, pursuant to Clearwater Code of Ordinance 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) 7.2 Authorize purchase orders to Angelo's Recycled Materials of St. Petersburg, FL and Consolidated Resource Recovery, Inc of Sarasota, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal in a not-to-exceed amount of $3,900,000.00 for the term October 1, 2021 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) 7.3 Authorize a purchase order to Wastequip Manufacturing Company LLC of Charlotte, NC for the purchase of roll-off containers, compactors, and compactor parts in a not-to-exceed amount of $1,284,000.00 for term October 1, 2021 through June 2, 2025, pursuant to Clearwater Code of Ordinance Section 2.563 (1)(c) - piggyback contract; and authorize the appropriate officials to execute the same. (consent) 7.4 8. Parks and Recreation Approve the Restrictive Covenant required by the State of Florida for a Cultural Facilities Grant awarded to Ruth Eckerd Hall, Inc. and authorize the appropriate officials to execute same. (consent) 8.1 9. Official Records and Legislative Services Reappoint Jeffery W. Smith to the Clearwater Housing Authority Board with a term to expire September 30, 2025. 9.1 Appoint one member to the Environmental Advisory Board with a term to expire September 30, 2025. 9.2 Reappoint Camille J. Hebting to the Neighborhood and Affordable Housing Advisory Board with a term to expire September 30, 2025. (consent) 9.3 10. Legal Appoint David Margolis as City Attorney effective October 25, 2021 and approve an Employment Agreement with him. 10.1 Page 4 City of Clearwater Printed on 8/27/2021 August 30, 2021Council Work Session Work Session Agenda Adopt Ordinance 9438-21 on second reading, amending Sections 2.226 through 2.229, Clearwater Code of Ordinances, to address statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets for the requirements for establishing a local Affordable Housing Advisory Committee. 10.2 Adopt Ordinance 9478-21 on second reading, annexing certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.3 Adopt Ordinance 9479-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 10.4 Adopt Ordinance 9480-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.5 Adopt Ordinance 9502-21 on second reading, amending Clearwater Code of Ordinance Chapter 2, Article VI, Division 3, Purchasing, by adding Section 2.561(1)(k) and new Subdivision V, Public-Private Partnerships. 10.6 11. City Manager Verbal Reports City Center Development Group Update11.1 12. City Attorney Verbal Reports 13. Council Discussion Item City role in Paint Your Heart Out (amount of support expected from city departments) - Councilmember Beckman 13.1 One-pager for Greenprint 2.0 - Councilmember Beckman13.2 EV Charging Infrastructure Ordinance - Councilmember Beckman13.3 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 Page 5 City of Clearwater Printed on 8/27/2021 August 30, 2021Council Work Session Work Session Agenda 16. Adjourn 17. Presentation(s) for Council Meeting Library Card Sign-Up Month Proclamation - Jennifer Obermaier, Library Director 17.1 Page 6 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9612 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Support the recommendation to regulate to the Pinellas County’s Restore Act Vulnerability Assessment (VA) where the VA has a higher base flood elevation (BFE) than the adopted FEMA FIRM. (WSO) SUMMARY: The new FEMA Flood Insurance Rate Maps (FIRM) were automatically adopted on August 24, 2021. The FIRM were under development since 2012 and implemented very few changes since the initial draft release. Pinellas County and other municipalities submitted comments and objections to the maps. FEMA evaluated the concerns and did not change the draft maps. The effective maps include a significant decrease in base flood elevation (BFE) on Clearwater Beach and Island Estates. In some places, the BFE is 6 feet lower than the previous BFE and outside of the Special Flood Hazard Area (SFHA). This means those properties would not need to elevate or have additional protection from storms. This problem is not unique to Clearwater Beach; all beach communities have lower BFEs per the new FIRM. To address this problem, Pinellas County developed the Restore Act Vulnerability Assessment (VA). The VA includes a more accurate BFE based on more recent storms, a 3D model, and newer light detection and radar (LiDAR) imaging data. The BFE in the VA is similar to the previous FIRM, so development will not be significantly different than requirements prior to August 24, 2021. As recommended, the City will regulate to the VA in locations where the FIRM’s BFE is lower than the VA’s BFE. In summary, regulate to the higher BFE of the two approaches, VA or new FIRM. The FIRM will continue to regulate which properties need flood insurance if they have a federally backed mortgage. The FIRM will also continue to delineate the Limit of Moderate Wave Action (LiMWA) and Coastal A Zone. All aspects of the Floodplain Management Ordinance will still apply as proposed including Freeboard, Floodproofing, and Substantial Improvement limitation. By regulating to the VA, the City will receive additional Community Rating System (CRS) points. Staff will present a resolution for council consideration at a future meeting after Pinellas County has adopted the VA. Page 1 City of Clearwater Printed on 8/27/2021 Our Vision: To Be the Standard for Public Service in America FEMA MapUpdate forPinellas County Public Works Lisa Foster Floodplain Administrator 2Our Vision: To Be the Standard for Public Service in America Pinellas County Flood Risks Multiple Flood Sources Multiple Flood Maps and Data FEMA Flood Insurance Rate Map (FIRM) FIRM Update Changes from Current FIRM Differences from Vulnerability Assessment Pinellas County Floodplain Ordinance Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America FEMA Flood Insurance Rate Map (FIRM) Update •Region IV Coastal Analysis and Mapping Project –Southeast United States •Multiyear effort •Kicked off 2012 •Preliminary received 2018 •Effective August 24, 2021 Flood Insurance Rate Map (FIRM)Update for Pinellas County 3 Our Vision: To Be the Standard for Public Service in America FEMA Flood Insurance Rate Maps (FIRM) Uses 1. Flood Insurance Requirements 2. Flood Insurance Rates •Current vs Risk Rating 2.0 3. Floodplain Development requirements •Determine whether proposed development will be reasonably safe from flooding (44 CFR § 60.3 ) •Freeboard – Safety factor Flood Insurance Rate Map (FIRM)Update for Pinellas County 4 • Flood Zones (FIRM) • Elevations (Elevation Certificate) • Rating Tables • Building specifics (Foundation, First Floor Height, etc..) • Distance to water • Type/size nearest water bodies • Elevation relative to flooding source • Drainage & urban flooding • Structure Value Our Vision: To Be the Standard for Public Service in America FEMA Flood Insurance Rate Maps (FIRM) •Flood Zones •High Risk •100-Year | 1% Annual Change Floodplain •Special Flood Hazard Areas (SFHA) •Zone V’s and A’s •Moderate Risk •500-Year | 0.2% Annual Change Floodplain •Non-SFHA •Zone X-Shaded •Low Risk •< 500-Year | 0.2% Annual Change Floodplain •Non-SFHA •Zone X •Base Flood Elevations (BFEs) •Only in High Risk Zones •Freeboard – Safety Factor Flood Insurance Rate Map (FIRM)Update for Pinellas County 5 SFHA High Risk SFHA High Risk Non-SFHA Moderate Risk Non-SFHA Moderate Risk Non-SFHA Low Risk Non-SFHA Low Risk >20% claims >20% claims1 in 4 chance of flooding during 30 yr mortgage LiMWALiMWA Our Vision: To Be the Standard for Public Service in America FEMA Flood Insurance Rate Maps (FIRM) •CAZ - Coastal A Zone •“Due to the higher risk of Damage from waves to homes and other structures in the Coastal A Zone, FEMA encourages the practice of building to V Zone Standards within this area.“ (FEMA 2020) Flood Insurance Rate Map (FIRM)Update for Pinellas County 6 LiMWALiMWA Our Vision: To Be the Standard for Public Service in America Overview of Changes from Current FIRM to New FIRM Area - Countywide 7 Decrease in BFE High to Low or Moderate Risk Zone Increase in BFE Low or Moderate to High Risk Zone Panel Not Updated No Change in BFE (Low or Moderate Risk Zone) No Change in BFE (High Risk Zone) 12% 8% 1% 3% 49% 17% 10% Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America Overview of Changes from Current FIRM to New FIRM Area - Juris 8 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America BFE Changes from Current FIRM to New FIRM Varies Across County 9 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America BFE Difference from Current FIRM to Vulnerability Assessment Generally +1 ft Countywide 10 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America New FIRM vs Vulnerability Assessment •Data •Methodology •Models 11 Study Storm Ensemble Current Storms Future Storms Model LiDAR New FIRM 357 <2012 No ADCIRC+SWAN (2D)2007 Vulnerability Assessment 300+ <2018 Yes CH3D+SWAN (3D)2017 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America Tropical Storms/Hurricanes 2012 – 2018 •Not included in development of new FIRM 12 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America Sea Level Rise Point of Reference 13 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America 14 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America Tropical Storm Eta Point of Reference •Vulnerability Assessment 2070 Intermediate SLR Depth 1HPY •TS Eta NFIP claims about two weeks after storm 15 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America 16 1. Do Nothing New FIRM + Current Freeboard •2. Hold the Line •• Adopt Vulnerability Assessment & •• Higher of: •1. New FIRM BFE + Current Freeboard •2. Vulnerability Assessment BFE (Current Conditions) 3. Integrate New Data • BFE Higher of New FIRM or Vulnerability Assessment BFE + Current Freeboard or • VA 2070 100YR or • VA 2018 500YR Flood Insurance Rate Map (FIRM)Update for Pinellas County Elevation Options Our Vision: To Be the Standard for Public Service in America 17 1. Do Nothing No Code Updates •2. FEMA Recommended VE Regs in CAZ 3. Modified FEMA Recommendation VE Regs for Residential (not commercial): 1 - In CAZ 2- In all zones on barrier islands Flood Insurance Rate Map (FIRM)Update for Pinellas County Coastal A Zone (CAZ) Options Our Vision: To Be the Standard for Public Service in America Overview of Changes from Current FIRM to New FIRM Area - Juris 18 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America Overview of Changes from Current FIRM to New FIRM Area - Juris 19 Flood Insurance Rate Map (FIRM)Update for Pinellas County Our Vision: To Be the Standard for Public Service in America 20 Flood Insurance Rate Map (FIRM)Update for Pinellas County Stakeholder Feedback (As of 6/25) “…increase freeboard above BFE based on whichever map, FEMA, or Vulnerability Assessment, is higher.” (PRO) 2012 •FEMA Coastal Analysis and Mapping Project Kick- off for West Florida Study Area 2018 •Preliminary Map Delivered to Communities •Municipal FP Managers Coordination •Public Outreach •Consultant Review •Vulnerability Assessment Study Kick off 2019 •Consultant Review •Municipal FP Managers Coordination •Public Outreach •Comments & Appeal Submitted 2020 •FEMA Resolved Comments & Appeal •Pinellas County Vulnerability Assessment Flood Maps Delivered •Map comparison Analysis •Municipal FP Managers Meetings 2021 •FEMA Letter of Final Determination Issued •PC Internal Staff Meetings •Muni FP Managers Meeting •Map Service for munis •NEXT STEPS: •5/6: BOCC •5/7: City Public Works Directors •5/7: City Managers •5/24: Pinellas County Development Customer Advisory Group (DCAG) •5/26: BIG-C •BOCC (7/13) •Ordinance Updates (TBD) •FEMA Map Effective 8/24 Our Vision: To Be the Standard for Public Service in America 21 Flood Insurance Rate Map (FIRM)Update for Pinellas County Questions Flood Insurance Rate Map (FIRM)Update for Pinellas County Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend Preliminary vs Effective Change in BFE (Prelim vs Effective) -6 -5 -4 -3 -2 -1 0 1 2 3 4 5 Preliminary vs Effective sfhaGrid_Juris_PrelimCAZ_Eff_VA100yr2018v2 Preliminary vs Effective High Risk to Low or Moderate Risk Zone Low or Moderate Risk to High Risk Zone Preliminary vs Effective sfhaGrid_Juris_PrelimCAZ_Eff_VA100yr2018v2SFHA_TF T Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend Juris_Effective_vs_New_vs_VA Current_VA2018_100yr_BFEs_TF, Current_vs_VA2018_100yr T, -5 T, -4 T, -3 T, -2 T, -1 T, 0 T, 1 T, 2 T, 3 T, 4 T, 5 T, 6 Juris_Effective_vs_New_vs_VA Current SFHA_TF T Juris_Effective_vs_New_vs_VA VA_2018_100yr_FP_TF T 4590 Ulmerton Road | Clearwater, FL 33762 727.347.7655 | PinellasRealtor.org June 17, 2021 Hon. Dave Eggars Chair, Pinellas County Commission 315 Court Street Clearwater, FL 33756 Dear Chair Eggars and Fellow Commissioners, On behalf of over 9,000 members of the Pinellas Realtor® Organization we are writing you today about an issue important to property owners throughout Pinellas County, flood insurance. At a time with historic pressure on homeownership affordability we are encouraging local governments to look at all options that would lower the costs of premiums while increasing the resiliency of our neighborhoods. PRO is encouraged by the work being done by Floodplain Administrator Lisa Foster and her team. We ask that the Pinellas County Commission consider increasing freeboard beyond the current base flood elevations (BFE). As you may know, Pinellas County has more National Flood Insurance Program (NFIP) policies than any other county in the country. Since the Biggert-Waters Act of 2012 was signed into law we have seen great focus on flood insurance issues at the local, state, and federal level. Many steps have been taken to blunt the shock of higher rates. To have more accurate rates, the FEMA began the process of updating the Pinellas County flood maps. Unfortunately, they only used mapping data from storm events prior to 2012. At the same time, Pinellas County administered a Vulnerability Assessment that including storms from 2012 to 2018. When it comes to flood insurance, our association believes in gathering as much data as possible and has concluded one map is not more important than the other. Both maps believe that there are properties throughout the county that are susceptible to flooding. We hope the county can come up with a solution that would make the most vulnerable areas more resilient while also steering more affordable flood insurance to as many properties as possible. We believe this could be done by increase freeboard above BFE based on whichever map, FEMA, or Vulnerability Assessment, is higher. We acknowledge that building a structure four feet above BFE versus two feet above BFE is more expensive, but we believe the savings in annual premiums will outpace those costs. Also, the more structures built to higher standards will lead to fewer flood insurance claims in the long term. This resiliency is key to getting people back to their lives and the economy working again, but fewer claims over time also means lower premium increases. 2021 Leadership Team David Bennett, CAE, CMLX1 Chief Executive Officer Glen Richardson President of the Board Manuela Hendrickson President-Elect Michael Wyckoff Treasurer Carolina Conner Secretary Cyndee Haydon Immediate Past President Lars Kier CPRO Chapter Chair Heather Breckenridge Director Major Easthagen Director Cody Limberger Director Mark Middleton Director Corina Silva Director Linda Wilson Director Frank Bazail Director – Large Firm Appointment Fred Hintenberger Director – Large Firm Appointment James Schanz Director – Large Firm Appointment Alexander Jansen Director – Large Firm Appointment 4590 Ulmerton Road | Clearwater, FL 33762 727.347.7655 | PinellasRealtor.org We hope the commission agrees that the long-term affordability and resiliency of our community is tied to our structures being built to the standard of modern storms and modern data. We have worked with Lisa Foster and her team for several years on flood insurance issues. We hope to continue our partnership and do the best we can for property owners on this very important issue. If you have any questions, please reach out to our Vice President of Public Affairs Joe Farrell at JFarrell@TampaBayRealtor.com. Thank you for your consideration and service to our community. Sincerely, Pinellas REALTOR® Organization David B. Bennett, RCE, CAE Glen Richardson Chief Executive Officer 2021 President 2021 Leadership Team David Bennett, CAE, CMLX1 Chief Executive Officer Glen Richardson President of the Board Manuela Hendrickson President-Elect Michael Wyckoff Treasurer Carolina Conner Secretary Cyndee Haydon Immediate Past President Lars Kier CPRO Chapter Chair Heather Breckenridge Director Major Easthagen Director Cody Limberger Director Mark Middleton Director Corina Silva Director Linda Wilson Director Frank Bazail Director – Large Firm Appointment Fred Hintenberger Director – Large Firm Appointment James Schanz Director – Large Firm Appointment Alexander Jansen Director – Large Firm Appointment Pinellas County Flood Insurance Rate Map (FIRM) Update and Available Flood Risk Data Key Points • Flood risk changes over time, so flood data and maps are updated periodically. • The updated FEMA Flood Insurance Rate Map update significantly changes the flood elevations around the county. The new map has higher flood elevations along Tampa Bay and lower flood elevations along the entire Gulf and intracoastal thanthe current FEMA map. • The New Pinellas County flood map developed as part of the Vulberability assessment is generally a foot higher than the current FEMA map • Both the FEMA and County maps are coastal studies and only effect coastal properties. • Currently flood insurance rates are based on the FEMA map, but this will change in October. Rates will be based on actuary rates that take variables, like distance to water, whether a property is on abarrier island, first floor elevation, type of foundation, and building value into account. • The new pricing methodology is called Risk Rating 2.0 (RR 2.0) FEMA Map Change Overview • BFEs for most of the municipalities in the county are going down. • New and redevelopment that build to lower elevations may be impacted by higher flood insurance rates under the new rating methodology. • The Cities of Oldsmar and Safety Harbor, conversely, have primarily increased in BFE. Some jurisdictions have a combination of increasing and decreasing BFEs. Conversely, the County vulnerability study is generally one foot higher than the effective FIRM across the county (Figure 5). 0.0%10.0%20.0%30.0%40.0%50.0%60.0%70.0%80.0%90.0%100.0%BELLEAIRBELLEAIR BEACHBELLEAIR BLUFFSBELLEAIR SHORECLEARWATERDUNEDINGULFPORTINDIAN ROCKS BEACHINDIAN SHORESKENNETH CITYLARGOMADEIRA BEACHN REDINGTON BEACHOLDSMARPINELLAS PARKREDINGTON BEACHREDINGTON SHORESSAFETY HARBORSEMINOLESOUTH PASADENAST PETE BEACHST PETERSBURGTARPON SPRINGSTREASURE ISLANDUNINCORPORATEDDecrease in BFE Increase in BFE Pinellas County Vulnerability Assessment Flood Map Overview • This study used more up to date data than the FEMA study. • Flood elevations are generally one foot higher than the current FEMA map in coastal areas countywide. • If adopted as best available data, we would be building about one foot higher the areas shown in green on the map below. • Building higher will likely result in lower flood insurance premiums and will make the structure more resilient to flooding. City Input Overview Map • Most cities identified the County Vulnerability Study to be a more accurate representation of the current 100-year coastal flood risk 12% 42% 42% 4% FEMA Risk MAP for West Florida study Pinellas County VulnerabilityStudy Did not complete survey Undecided FEMA Vulnerability Study Undecided / Unknown Indian Rocks Beach Belleair Bluffs Belleair Oldsmar Clearwater Belleair Beach Tarpon Springs Gulfport Belleair Shore Indian Shores Dunedin Largo Kenneth City Madeira Beach North Redington Beach Redington Shores Pinellas Park Safety Harbor Redington Beach South Pasadena Seminole Treasure Island St. Pete Beach St. Petersburg Elevation • Most cities will use the higher flood elevation for floodplain management purposes to ensure affordable flood insurance and increased flood protection • Adoption of a higher standard will only be applicable to new and redevelopment as it occurs over time. Minimum Higher Undecided / Unknown Indian Rocks Beach Belleair Bluffs Belleair Oldsmar* Belleair Shore Belleair Beach Safety Harbor* Clearwater Dunedin St. Petersburg Gulfport Kenneth City Tarpon Springs Indian Shores North Redington Beach Largo Pinellas Park Madeira Beach Redington Beach Redington Shores Seminole South Pasadena St. Pete Beach Treasure Island *FEMA data is higher 9, 37% 10, 42% 3, 13% 2, 8% Elevation Undecided / Unknown Higher (FEMA or County) Minimum (FEMA) Higher (FEMA) Coastal A Zones (Foundation Type) Minimum Higher Undecided / Unknown Safety Harbor Belleair Bluffs Belleair St. Petersburg Belleair Shore Belleair Beach Tarpon Springs Clearwater Dunedin Gulfport Kenneth City Indian Rocks Beach North Redington Beach Indian Shores Pinellas Park Largo Redington Beach Madeira Beach Seminole Oldsmar St. Pete Beach Redington Shores South Pasadena Treasure Island 8% 38% 4% 33% 13% 4%Use VE zone requirements for residential properties inCAZ and in all flood zones on barrier islands. (modifiedFEMA recommendation) Use VE Zone requirements in CAZ (FEMA Recommended) Use VE zone requirements in CAZ for residential only (modified FEMA recommendation) Did not complete survey Use current FBC minimum requirements. Undecided Stakeholder Input Overview • Most stakeholders identified the County Vulnerability Study to be a more accurate representation of the current 100-year coastal flood risk • Most stakeholders think communities should use the higher flood elevation and stronger foundations in the Coastal A zones or on the barrier islands for floodplain management purposes to ensure affordable flood insurance and increased flood protection • The Pinellas Realtor Organization (PRO) submitted a letter of support for using the County study: o Both maps believe that there are properties throughout the county that are susceptible to flooding. We hope the county can come up with a solution that would make the most vulnerable areas more resilient while also steering more affordable flood insurance to as many properties as possible. We believe this could be done by increase freeboard above BFE based on whichever map, FEMA, or Vulnerability Assessment, is higher. Stakeholder Feedback for Elevation Requirement that is best floodplain management practice 0% 18% 0% 100% 79% 100% 0%3%0%0% 20% 40% 60% 80% 100% 120% Business or Resident City/County Staff Elected Official FEMA Risk MAP for West Florida study Pinellas County Vulnerability Study 0%6%0% 9%12% 0% 73%76%75% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Business or Resident City/County Staff Elected Official Undecided FEMA (Do not use County study) County+ (Higher of FEMA and County study plus freeboard) County (Higher of FEMA with current freeboard or County study no freeboard) Stakeholder Feedback for Best floodplain management practice for Coastal A Zones 27% 12% 0% 36% 50%50% 36% 26% 50% 0% 12% 0%0% 10% 20% 30% 40% 50% 60% Business or Resident City/County Staff Elected Official FBC (Current State foundation requirements) FEMA Recommended (Highest foundation requirements in Coastal A Zone) FEMA+ (modified FEMA recommended) Undecided Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9591 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Approve a professional services agreement and work order to InVision Advisors, LLC, of Tampa, FL, per Request for Qualifications (RFQ) 51-21 for Owner’s Representative Services during construction of Imagine Clearwater (17-0031-EN) in the not-to-exceed amount of $240,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Imagine Clearwater project includes redevelopment of the City’s 22-acre downtown waterfront park space to include a large bandshell, seating canopy cover, dockmaster’s building, public restrooms, an interactive water feature, walking paths, picnic pavilions, extensive landscaping, and a civic gateway connecting the park to Clearwater’s Downtown. July 15, 2021, City Council approved Skanska’s GMP #3 for $55,370,250 to construct the Imagine Clearwater project, for a total construction cost of $69.5 million. Demolition of the Imagine Clearwater Park is underway. June 30, 2021, RFQ 51-21 was issued seeking a firm to provide owner’s representative services during the construction of Imagine Clearwater (17-0031-EN). The RFQ selection committee, consisting of representatives from Parks and Recreation and Engineering Departments met after independent review to discuss their ranking of ten firms that submitted qualifications. The selection committee selected InVision Advisors as the Owner’s Representative for Imagine Clearwater. This professional services agreement and $240,000 work order authorizes InVision Advisors to provide owner’s representative services which will augment city staff to include overseeing progress on the project from the City’s perspective, coordinating strategies with the City, as well as managing budget, schedule, and the overall project on behalf of the City throughout the 24-month construction period. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-PROSVC $240,000 Page 1 City of Clearwater Printed on 8/27/2021 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND INVISION ADVISORS RFQ #51-21 PROJECT MANAGER – OWNER’S REPRESENTATIVE IMAGINE CLEARWATER This AGREEMENT is made and entered into on the _____ day of September 2021 by and between the City of Clearwater, Florida (CITY) and InVision Advisors (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”) #51-20 and responses by the CONSULTANT to RFQ #51-21. 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 or architectural practices, by exercising the skill and ability ordinarily required of such consultants performing the same or similar services, under the same or similar circumstances, in the State of Florida, 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 #51-21, 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. Work Orders will be incorporated by reference and attached hereto this Agreement. Total compensation for all services shall not exceed $240,000.00 (Two Hundred Forty Thousand and Zero Cents) unless specifically authorized by the City Council. 2 See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of 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 or all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other 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. 2.6 The CONSULTANT acknowledges and agrees to serve the interests of the CITY and not the interests of the Construction Manager at Risk or the Engineer of Record. The CONSULTANT acknowledges and agrees to provide professional services that are independent of those provided by the Construction Manager at Risk and the Engineer of Record. The CONSULTANT acknowledges and agrees that it does not have any affiliation or financial interest with the Construction Manager at Risk or the Engineer of Record. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. 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 two and a half (2.5) years, 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 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 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 3 5.0 GENERAL CONSIDERATIONS 5.1 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. 5.2 The CONSULTANT may 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. 5.3 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. 5.4 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. 5.5 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. 5.6 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 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. 5.7 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 4 of this Agreement, or during its term. 5.8 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. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 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. 5.11 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@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: 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 5 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 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. 6 6.0 COMPENSATION 6.1 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 for below. 6.2 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. 6.3 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. 7.0 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 persons, 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 or resulting from the award or making of this Agreement. 8.0 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. 9.0 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. 10.0 GOVERNING LAW 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 7 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 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #51-21, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #51-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit B. 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 #51-21, Standard Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and attached hereto. 17.0 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. 18.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify 8 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). [Remainder of Page Intentionally Left Blank] 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. _______________________________________ INVISION ADVISORS By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ___________________________ ______________________________ Frank Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: ___________________________ ______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 10 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, 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 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 engaged in business operations in Cuba and Syria. 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 _________________, 2021, 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 11 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 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 _________________, 2021, 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 12 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. __________________________________________ 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 _________________, 2021, 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 InVision Advisors City of Clearwater Consultant Work Order Page 1 of 6 Revised: 8/3/2021 CONSULTANT WORK ORDER Date: 08/17/21 1. PROJECT INFORMATION: Project Title: Imagine Clearwater City Project Number: 17-0031-EN City Plan Set Number: 2017026 Consultant Project Number: 21031 Project Description Imagine Clearwater Community Park –as described in Stantec drawings and construction scope as described in SKANSKA GMP 1 dated 7/29/20, SKANSKA GMP 2 dated 3/25/21 and SKANSKA GMP 3 dated 6/28/21 2. SCOPE OF SERVICES: I. The overall scope of work is to provide Owner Representative services by augmenting the City’s staff, overseeing progress on the project from the City’s perspective, coordinating strategies with the City and managing the budget, the schedule and the project on behalf of the City. InVision Advisors (IVA) will prepare regular briefings and reports to keep the City informed of progress and facilitate / recommend decisions needed by the City. IVA will work with Tim Kurtz under the direction of Tara Kivett and Elliot Shoberg. Initial activities include reviewing in detail the Architect/Engineer (A/E) and Construction Manager (CM) agreements and fees, the GMP 3 financial information and qualifications, the Construction Documents for GMP 3, as well as the currently established communication protocols. We will also conduct in- depth briefings with the appropriate City staff, members of the A/E and the CM to quickly understand open issues that need to be resolved. IVA will recommend refinements to the project set-up to further streamline information flow and decision-making. More specific tasks may include the following items: CONSULTANT WORK ORDER Imagine Clearwater InVision Advisors City of Clearwater Consultant Work Order Page 2 of 6 Revised: 8/3/2021 II. RESPONSIBILITIES ALLOCATION: a. Clear communication and understanding of “who is doing what”. IVA will develop responsibilities matrices at the beginning and throughout the project so that information flows timely and properly. III. SCHEDULING: a. IVA will maintain all parties’ responsibilities in meeting critical deadlines. This Master Schedule Oversight will incorporate owner items, equipment procurement, design schedules, jurisdictional requirements, licenses, construction, and occupancy. This schedule will be constantly monitored and updated. It will be expanded by the Construction Manager to include all the necessary subcontractor trades. IV. JURISDICTIONAL MEETINGS AND PRESENTATIONS a. IVA will prepare briefings for use by City Engineering staff or attend meetings and present on the City’s behalf in any presentations needed for any aspect of the project or approvals. b. IVA will also prepare progress briefings for use by City Engineering staff to update the City Manager, the City Council and the Mayor. V. ARCHITECT / ENGINEER AND CONSTRUCTION MANAGER COORDINATION AND PROCESS MANAGEMENT: a. IVA will communicate regularly with the Design and Construction Teams, in separate or joint meetings, as appropriate. b. IVA will review project progress and set project milestones that are monitored weekly. c. IVA will meet regularly with the architects and the engineers to ensure the project is fully developed. d. IVA will also meet regularly with the construction management field team to monitor the project buy-out, the refinement of the GMP line items, any impending changes that may impact the project cost or the schedule. e. IVA will keep the City Engineering staff regularly briefed. f. During construction, IVA will monitor clarifications, Requests for Information (RFI), shop drawing review and approvals, etc. to make sure that they are distributed and processed timely by the appropriate team members. VI. PERMITTING: a. InVision will assist with all aspects of remaining permitting. We will monitor permit revisions and timelines for revisions by the architect. Specific work will include: CONSULTANT WORK ORDER Imagine Clearwater InVision Advisors City of Clearwater Consultant Work Order Page 3 of 6 Revised: 8/3/2021 i. Manage Client information required to be compiled for building permit. ii. Monitor delivery of information from all parties to the CM for permit re-submittals. iii. Monitor permit with jurisdiction for comments and progress. iv. Manage the architect and engineers regarding necessary revisions. v. Communicate any programmatic concerns or design changes to the Client for review and acceptance. vi. Monitor revisions and resubmittals, and proper issuance of necessary permits. VII. CONSTRUCTION: a. During construction, the Client has roles and responsibilities to both the Architect and the Construction Manager. They are expected to clarify questions, make decisions, and pay promptly. We understand that some of these tasks will be monitored by City staff, but we will assist in the facilitation of the following: i. Spend sufficient time on the site to ensure timely progress of the work and facilitate quick turn-around of answers between project team members to assist in the smooth progression of the work. ii. Review the Construction Schedule developed by the CM and review its integration into the comprehensive schedule. iii. Review weekly or periodically as directed by the City Engineering staff the updated schedule, the current Request for Information (RFI) Log, the current Submittal Log, the current Change Order Log as well as current critical issues. iv. InVision will represent the City Engineering staff at the weekly construction meetings. v. Attend progress meetings onsite with the CM, Design Team and the City. Review meeting minutes for these meetings to track action items, areas of responsibility and due dates. vi. Issue monthly progress reports to the City Engineering staff that will include an updated schedule, current RFI Log, the current Submittal Log, the current Change Order Log as well as a discussion of current critical issues, general progress and quality of the work, pending problems, and the overall status of the project. Monthly progress reports to be issued at the same time monthly invoices are submitted. vii. Meet with the City Engineering staff regularly to review and discuss construction progress, as well as any other matters, so that the staff is kept informed and able to respond to internal requests for updates. viii. Review the Submittal Log to ensure that all submittals required by the contract documents are submitted and processed in a timely fashion. CONSULTANT WORK ORDER Imagine Clearwater InVision Advisors City of Clearwater Consultant Work Order Page 4 of 6 Revised: 8/3/2021 ix. Work with the design team and the CM to prioritize submittals for review based on lead times for the materials. x. Review the log of all Requests for Information (RFI) to assure that none are overlooked and that all are responded to in a manner that preserves the schedule and the budget. xi. Review Change Orders presented by the CM and research their validity prior to making a recommendation for approval or disapproval to the City Engineering staff. xii. Review all invoices for Design Consultant Services involved with the project and approve same prior to review and approval by the City Engineering staff. xiii. Concurrently with the Architect, review Monthly Progress Payments presented by the CM to verify the amounts being invoiced against with the progress of the work and any approved change orders, prior to submittal to the City Engineering staff. xiv. Work with the design team and the CM to obtain accurate record documents incorporating changes to the original drawings to assure an accurate representation of construction detail for future reference, together with warranties and operating manuals. xv. Review with the design team any proposed substitutions of significant material or equipment and make recommendations to the City Engineering staff. xvi. Coordinate the resolution of any job site problems involved with the local authorities, adjacent businesses and/or activities. xvii. Advise the City Engineering staff of any differences that may occur between the design team and the CM regarding execution of the work, and recommend resolution alternatives. xviii. Update the schedule as needed and inform the City Engineering staff of major shifts. xix. Facilitate the development of the Owner Direct Purchase (ODP) program in association with City of Clearwater Finance, City Engineering, and the CM. 3. FEES: a. IVA’s fee is tied to a level of effort to keep the project progressing rather than to specific scope line items. Based on our experience in similar size and scope projects, we forecast an average of 12-20 hours per week on the project throughout its duration. b. The fee is a fixed fee of $10,000 per month. This fee would begin in September 2021 and carry through September of 2023, a total of 24 months totaling $240,000.00. c. The fee includes all labor anticipated to be incurred by InVision Advisors including access to all staff, in-house resources and equipment and all necessary time on the project. CONSULTANT WORK ORDER Imagine Clearwater InVision Advisors City of Clearwater Consultant Work Order Page 5 of 6 Revised: 8/3/2021 d. Should additional time be required to complete the project, not due to IVA’s performance, an amendment to this agreement will be executed. 4. CORRESPONDENCE/REPORTING PROCEDURES: IVA’s project correspondence shall be directed to: Tim Kurtz - 727-562-4737 - timothy.kurtz@myclearwater.com Tara Kivett – 727-439-1514 - Tara.Kivett@myclearwater.com All City project correspondence shall be directed to: Pete Karamitsanis – 813-300-6022 – petek@invisionadvisors.com Jonathan Moore – 813-78403146 – j.moore@invisionadvisors.com 5. INVOICING/FUNDING PROCEDURES: City Invoicing Code: ENGF180013-CONS-PROSVC For work performed, invoices shall be submitted monthly to: Attn: Brooke Freeman, Accountant City of Clearwater, Engineering Department PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 6. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. Contract billing method – fixed monthly rate. 7. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. CONSULTANT WORK ORDER Imagine Clearwater InVision Advisors City of Clearwater Consultant Work Order Page 6 of 6 Revised: 8/3/2021 7. There are no services described herein, within the scope of InVision Advisors, that take the place of the Architects of Record, Engineers of Record, Licensed General Contractors or Licensed Subcontractors. InVision Advisors is a representative of the Owner and does not take responsibility of the design requirements, codes, means and methods or any liability typically within the scope of a licensed design or construction professional. The Owner understands that there is no such things as a perfect set of drawings, and while InVision will use an expected standard of care, is not responsible for correcting mistakes of licensed design or construction professionals. 8. If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute, unless otherwise agreed in writing, by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties. SIGNATURES: PREPARED BY: APPROVED BY: Jonathan Moore Tara Kivett, P.E. President City Engineer InVision Advisors City of Clearwater Date Date RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 2 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 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. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 4 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 5 S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 6 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 7 S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 8 without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. RFQ #51-21, Exhibit B STANDARD TERMS AND CONDITIONS 9 S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. AGREEMENT BETWEEN CITY OF CLEARWATER AND INVISION ADVISORS RFQ #51-21 PROJECT MANAGER – OWNER’S REPRESENTATIVE IMAGINE CLEARWATER EXHIBIT C 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’S 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. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the 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. 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 Attn: Purchasing, RFQ #51-21 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. Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #51-21 Project Manager – Owner’s Representative June 30, 2021 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, July 21, 2021 to provide Project Manager – Owner’s Representative Services. Brief Description: The City of Clearwater’s Engineering Department seeks qualified firm(s) to provide Project Manager – Owner’s Representative (PM) services for the construction phase of the Imagine Clearwater Project (17-0031-EN). The Imagine Clearwater Project includes the total redevelopment of the City’s 22-acre downtown waterfront park space to include a large bandshell, seating canopy cover, dockmaster’s building, public restrooms, an interactive water feature, walking paths, picnic pavilions, extensive landscaping, and a civic gateway connecting the park to Clearwater’s downtown. Responses 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. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Project Manager – Owner’s Representative 2 RFQ #51-21 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 One (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 response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 21, 2021 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if INSTRUCTIONS Project Manager – Owner’s Representative 3 RFQ #51-21 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. INSTRUCTIONS Project Manager – Owner’s Representative 4 RFQ #51-21 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Project Manager – Owner’s Representative 5 RFQ #51-21 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (see Response Elements pps. 12-13) Points  Qualification of Firm and Staff (tab 2)  30 Project Understanding and Approach (tab 3)  35 Similar Project Experience and References (tab 4)  35 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on a preliminary evaluation against the evaluation criteria. Only those short- listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or INSTRUCTIONS – EVALUATION Project Manager – Owner’s Representative 6 RFQ #51-21 signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: June 30, 2021 Advertise Tampa Bay Times: July 7, 2021 Responses due: July 21, 2021 Review responses/presentations: July 22, 2021-July 30, 2021 Award recommendation: August 2, 2021 Council authorization: August 19, 2021 Contract begins: August 2021 DETAILED SPECIFICATIONS Project Manager – Owner’s Representative 7 RFQ #51-21 1. CITY MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for firms who share that dedication and will help the City meet that goal. 2. OBJECTIVE. The City of Clearwater (City) has determined that engaging a Project Manager – Owner’s Representative (PM) professional is the most flexible, cost-effective means to achieve the coordination and synergy necessary for successful project completion. In order to be effective in meeting the operational and financial needs of the City, in a prioritized, transparent, and resource conscious manner, the City seeks PM services to help manage the Imagine Clearwater Project (17-0031-EN) construction phase. Skanska USA Building, Inc. (Skanska), is the Construction Manager at Risk (CMAR) firm constructing the project and Stantec Consulting Services, Inc. (Stantec), is the Engineer of Record (EOR) providing the design services. Two (2) Guaranteed Maximum Price (GMP) proposals totaling ~$14 M for Duke Energy to initiate work and general sitework have been approved by City Council and are underway. A third and final GMP to construct the remainder of the project is anticipated to be approved by City Council by late July. Skanska expects final completion by July 2023. Link to Imagine Clearwater Project: https://www.myclearwater.com/residents/imagine-clearwater-new The City expects the members of the PM to apply their professional expertise, experience, judgment and information management systems in a manner that will facilitate the City’s efforts to develop, maintain and enhance the relationships necessary to meet the City’s purpose and objectives. 3. SCOPE OF SERVICES. The scope of services presented herein is a general assessment of the tasks and deliverables expected of the PM. The City expects the PM to perform in a manner that supports and facilitates the City’s project management efforts as a collaborative team, and in particular as a team in which each of the members understands its role, and respects and appreciates the roles and contributions of other team members. The City expects the PM to take primary responsibility for coordinating the relationships between the team members responsible for planning, design, construction, controls and administration in a manner that is consistent with best practices in the pertinent industry, and which facilitates prompt, complete and smooth transitions from one function to the next, thereby minimizing gaps and/or delays. Functions of the PM include, but are not limited to: a. Create a project organizational chart, directories, lines of communication, and lines of authority. b. Budget Management (applies to all phases) i. Implement and maintain a Cost Management System (CMS) to record, track and manage current and forecasted Project costs and provide and update cash flow projections through project completion. The CMS will cover the cost of change orders, allowances, and contingencies with respect to the Project budget. The PM shall work with City staff to coordinate the reporting of Project accounts, invoices, payments, and other financial matters. ii. Throughout the project, the PM will prepare and provide project reports outlining the status, progress, issues, forecasts, and next steps related to the Project. The PM will work with City staff to develop the format, audience, content, and frequency of the report. iii. Throughout the project, the PM will maintain awareness of commodities markets relevant to the project and compare pay applications to current commodities pricing and offer recommendations to City staff. iv. Assist with the Owner Direct Purchase (ODP) process and approvals. c. Schedule Management (applies to all phases) DETAILED SPECIFICATIONS Project Manager – Owner’s Representative 8 RFQ #51-21 i. Develop an overall schedule that considers key factors including construction phasing, move-in, and final occupancy. ii. Review and modify, as necessary, the overall project schedule outlining the responsibilities of the project team. iii. Evaluate the contractor’s detailed construction phasing schedule that considers maintaining marina operations, and possible phased-early opened portions of the park, to be agreed upon by all team members. iv. Develop a detailed move-in/”Go-Live” schedule that will include activities such as furniture, fixtures and equipment (FF&E) selection, purchasing, storage, installation, employee training and orientation, inspections, drills, and other activities related to start-up of the facilities. v. Update project budgets, cash flows, and schedules as required. Review all project related invoices and make recommendations to City staff regarding payment. d. Construction Administration i. Review and coordinate construction schedule, logistics/phasing, and budget to confirm compliance with the project budget, schedule, and phasing. ii. Bring field conditions to the attention of City staff and provide recommendations for resolution consistent with the project budget and schedule objectives. iii. Review/recommend for approval Construction Manager’s monthly applications for payment. Coordinate the review process with City staff’s review, EOR’s certification for payment, and receipt of partial lien waivers for each contractor. iv. Coordinate with project team, equipment planner, and furniture dealer to confirm timely planning, procurement, and installation of all ODP items. v. Schedule with the EOR and CMAR to make periodic visits and observations of the construction site and perform such other services required to become familiar with the general progress, quality, and conformance of the work. Oversee the issuance of and actions required in connection with the EOR’s field reports. vi. Maintain the CMS system to manage the budget, track expenditures, forecast costs, manage allowances, contingencies, alternates, and forecast final costs as compared to the budget. vii. Develop and implement a system for the review and processing of change orders. Verify if a change order is warranted. Evaluate and validate the supporting documents and make a recommendation to City staff. viii. Review the CMAR’s applications for payment in detail prior to approval by the EOR and City staff to negate any possibility of overpayment. Monitor general conditions and other reimbursable items so the City pays only for those services called for by the contract. ix. Review, negotiate, and make recommendations to City staff regarding all claims for additional services, work, and/or extension of time in connection with the Project. x. Work with the CMAR, EOR, and City staff in commissioning of the buildings and its component systems and manage permit close-out efforts with City staff and other relevant agencies. xi. Work with the EOR and CMAR to plan, coordinate, schedule, and implement the punch list process and evaluate/update the value of outstanding punch list work. e. Pre-Occupancy/Occupancy i. Coordinate move-in schedule and logistics with City staff as well as any equipment and furniture vendors. ii. Assist City staff and project team in preparation for pre-occupancy inspections and commencement of operations. iii. Coordinate with City staff and CMAR to plan and schedule systems for training City staff to assume operation of the buildings. Oversee the submission of all DETAILED SPECIFICATIONS Project Manager – Owner’s Representative 9 RFQ #51-21 warranties, guarantees, operations manuals, as-built and/or record drawings, and other required close-out documentation. f. Close-Out i. Coordinate move-in schedule and logistics with City staff as well as any equipment and furniture vendors. ii. Assist City staff in the close-out of all contracts and the reconciliation of actual costs as compared to the budget. Monitor final payments and the associated general releases and final waivers of lien. iii. Track and assist in close-out of all permits. iv. Assist City staff as required regarding “day two” issues and other related issues during the closeout phase. 4. EXPERIENCE. Firm(s) must be able to demonstrate their experience in working with the CMAR delivery method as well as design review and knowledge of building codes for the City. 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or DETAILED SPECIFICATIONS Project Manager – Owner’s Representative 10 RFQ #51-21 by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Crime and Employee Dishonesty Coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third-party fidelity coverage is also required to cover the acts of an employee against an employer’s clients. Please provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #51-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Project Manager – Owner’s Representative 11 RFQ #51-21 1. ANTICIPATED BEGINNING AND END DATE OF CONTRACT TERM. August 2021 through August 2023. 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. RESPONSE FORMAT Project Manager – Owner’s Representative 12 RFQ #51-21 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. If submitting electronically, hard-copy documents are not required. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 81/2” x 11” paper. A single sheet printed on both sides is two (2) pages. All information must be assembled and indexed in order indicted below. The page count shall not exceed eighteen (18) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 5 and 6, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Firm and also include: a. A statement confirming that all information contained in the response is complete and accurate. b. Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. c. Contact information for the firm’s principal including email address and phone number. TAB 2 –Qualifications of Firm and Staff (30 points; four [4] pages).  Describe the firm’s professional background; experience with providing PM services; PM philosophy, and qualifications of key personnel proposed to provide such services including:   a. affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida.    b. Office location for staff overseeing project. c. Describe the firm’s current staffing, workload and ability to competently and expeditiously provide owner’s representation services for the City. d. Describe the roles and responsibilities of the key personnel in your staffing proposal. e. Describe the firm’s contingency plan to respond with appropriate back‐up staff in the case of death, disability, illness, or separation. TAB 3 – Project Understanding and Approach (35 points; six (6) pages). Describe your understanding of the project and approach to delivering PM services. It is important to demonstrate the ability to advocate for the City while maintaining professional relationships with the architect/engineers and contractors during the project. Most importantly, you must demonstrate the ability to help the City make important decisions during the project by collecting and interpreting technical information from the EOR and CMAR firms. Include the following information: a. Describe how you will organize and perform tasks. b. Describe how you will identify critical milestones and ensure progress. c. Describe how you will address contingencies that may arise during the project. d. Describe how you will manage the project budget, schedule, and scope. e. Describe how you will ensure quality control. TAB 4 - Similar Project Experience and References (35 points; six (6) pages). a. Describe the firm’s current and recent experience representing owners on similar projects as a Project Manager – Owner’s Representative. The similar projects described shall be limited to those staffed by the key personnel in your staffing proposal. Descriptions must include: Brief descriptions, owner name, design consultant, prime contractor(s), owner reference including name, title, phone number and email address, name of proposed project team member (from this proposal) who RESPONSE FORMAT Project Manager – Owner’s Representative 13 RFQ #51-21 was assigned to the project and their role, size of project and when it was completed. The time durations of similar projects which best characterize experience with schedule and cost control should be for projects completed within the last ten (10) years. b. Describe how successful the firm was in managing the recent similar projects on time and within budget (schedule and cost parameter examples). If there were schedule delays or cost deviations from the original project commencement, explain if these items were the result of owner directed changes, unforeseen conditions, permit delays, or other factors. TAB 5 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 6 - Other Forms.The following forms should be completed and signed:   a. Exceptions, Additional Materials, Addenda form    b. Company Information form   c. Response Certification form   d. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License  e. Exhibit B_Scrutinized Companies Form(s) f. Exhibit C_E-Verify Form g. If the firm is a corporation, a copy of the current Florida Corporation Registration   h. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs- pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Project Manager – Owner’s Representative 14 RFQ #51-21 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Project Manager – Owner’s Representative 15 RFQ #51-21 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 response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION Project Manager – Owner’s Representative 16 RFQ #51-21 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Project Manager – Owner’s Representative 17 RFQ #51-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #51-21, Project Manager – Owner’s Representative Due Date: July 21, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #51-21, Project Manager – Owner’s Representative Due Date: July 21, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ 1) AECOM Technical Services, Inc. 2) Cribb Philbeck Weaver Group, Inc. West Courtney Campbell Causeway 249 Corey Avenue Tampa, FL 33607 St. Pete Beach, FL 33706 (786) 489-1396 (954) 325-1039 *Certified WOSB 3) D-Mar General Contracting 4) InVision Advisors, LLC. 1453 S. MLK Jr. Avenue 13014 N. Dale Mabry Highway #150 Clearwater, FL 33756 Tampa, FL 33618 (727) 798-5126 (813) 784-3146 *Certified SBE, WBE, DBE, WMSBE 5) Marc Taylor Inc. 6)Otb Consulting, Inc. 15396 North 83rd Avenue, Suite C103 3619 Henderson Boulevard, Suite A Peoria, AZ 85381 Tampa, FL 33609 (602) 799-8032 (813) 205-9774 7) Persons Services Corp.8) Project Management Advisors, Inc. 1835 S. Perimeter Road, Suite 175 120 S. Riverside Plaza, Suite 1975 Fort Lauderdale, FL 33309 Chicago, IL 60606 (251) 660-0132 (312) 207-1010 9) Robertson Design, LLC 10) Trademark Partners LLC dba Cap Ex Advisory Group 880 Mandalay Avenue 433 Central Avenue, Suite 300 Clearwater, Fl 33767 St. Petersburg, FL 33701 (617) 331-4281 (603) 707-0948 *Certified: SBE, WMBE ADVERTISED: TAMPA BAY TIMES 7/7/2021 POSTED:myclearwater.com 06/30/2021-07/21/2021 Due/Opening: July 21, 2021; 10:00 a.m. REQUEST FOR QUALIFICATIONS TO BID No. 51-21 Project Manager - Owners Representative Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9580 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.3 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Arthur J. Gallagher Risk Management Services, Inc. of Orlando, Florida for builder’s risk insurance for Imagine Clearwater (17-0031-EN) in the amount of $276,182.00 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent). SUMMARY: July 15, 2021, City Council approved GMP #3 for $55,370,250 for construction of the Imagine Clearwater project for a total construction cost of $69.5 million. Builder’s risk insurance helps protect buildings, materials, and supplies while under construction and is a vital part of successful risk management program. The City typically purchases this insurance at a lower premium than what a contractor can purchase it for, reducing project expenses and is therefore excluded from the contractor’s scope. The proposed cost for this owner-purchased insurance was included as part of the budgeted non-GMP portion of the project funding as presented at the July 15 council meeting. Arthur J. Gallagher will provide the builder’s risk insurance through project completion in summer 2023 for the Imagine Clearwater project. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-MISC $276,182.00 Page 1 City of Clearwater Printed on 8/27/2021 Arthur J. Gallagher Risk Management Services, Inc. STOMO1 200 S. Orange Avenue Orlando, FL 32801 Invoice #3930071 1 of 1 ACCOUNT NUMBER DATE Phone:(407)370-2320 Fax:(407)370-3057 CLEARWA-01 7/20/2021 BALANCE DUE ON AMOUNT DUE 7/20/2021 $276,182.00 1 of 1 City of Clearwater P. O. Box 4748 Clearwater, FL 33758-5520 Interested in convenient installment payments for your premium? Contact your client service manager today for premium financing options. Builders Risk PolicyNumber:BRIB902475A Company:Ironshore Specialty Insurance Co Effective:7/1/2021 to 5/31/2023 Item #Trans Eff Date Due Date Trans Description Amount 24423451 7/1/2021 7/20/2021 NEWB Imagine Clearwater- Ironshore $125,000.00 24423452 7/1/2021 7/20/2021 EMPA EMPA Surcharge $4.00 Builders Risk PolicyNumber:I2366009A001 Company:Westchester Surplus Lines Insurance Co Effective:7/1/2021 to 5/31/2023 Item #Trans Eff Date Due Date Trans Description Amount 24423455 7/1/2021 7/20/2021 NEWB Imagine Clearwater- AmWINS $151,174.00 24423456 7/1/2021 7/20/2021 EMPA EMPA Surcharge $4.00 Total Invoice Balance:$276,182.00 Please return this portion with your payment. Include your invoice number on your remittance to expedite processing. STOMO1 City of Clearwater Invoice #3930071P. O. Box 4748 Clearwater, FL 33758-5520 ACCOUNT NUMBER DATE CLEARWA-01 7/20/2021 BALANCE DUE ON AMOUNT DUE 7/20/2021 $276,182.00 AMOUNT PAID Please send your remittance to: Arthur J. Gallagher Risk Management Services, Inc. PO Box 532143 Atlanta, GA 30353 *** SAVE TIME AND MONEY! PAY THIS INVOICE ONLINE AT WWW.AJG.COM/EZPAY. *** Westchester Surplus Lines Insurance Company TO: Michelle Yuko COMPANY: AMWINS BROKERAGE OF FLORIDA INC Binders Risk Quota Share Follow Form Coverage Binder Policy #: I2366009A 001 NAMED INSURED & Mailing Address: City of Clearwater 100 S. Myrtle Avenue, Clearwater, FL, 33756 Thank you for binding the captioned account. Please read this binder carefully, as the limits, coverage, exclusions, and any other terms and conditions may vary from those you requested in your submission and/or from the expiring policy. This binder is valid for 60 days from the effective date shown below. Please contact me with any questions that you may have. Effective Date: 07/01/2021 12:01 A.M. Local Time at the NAMED INSURED’s Address Expiration Date: 05/21/2023 12:01 A.M. Local Time at the NAMED INSURED’s Address Company: Westchester Surplus Lines Insurance Company (Non-Admitted) Coverage: Quota share coverage up to the percentage of our participation in the terms and conditions in the followed policy, unless specifically excluded in our policy or by endorsement to our policy. Coverage Form(s): Quota Share Follow Form Coverage Form ACE0286 (03/10) This binder is based on the information provided but is subject to review of the terms, conditions and exclusions in the followed policy. Followed Policy Insurer: Ironshore Specialty Insurance Company Followed Policy Coverage Form: Ironshore Completed Value Builder’s Risk Form. Followed Policy Number: BRIB902475A Covered Perils: As per followed policy Valuation: As per followed policy Coinsurance: As per followed policy Job Site Location: 301 Drew Street - Intersection of Cleveland & Osceola, Clearwater, FL, 33755 Construction: MNC - Concrete Westchester Surplus Lines Insurance Company Project Description: The project will consist of new construction of 4 MNC buildings, renovation of one Wood Frame boathouse (516 SF). The main building being an amphitheater with a canopy structure for concerts and performances. The amphitheater structure will be supported by 4 main columns and 10 other columns. The backstage areas will be single story with bearing walls. Max. Canopy Column loads: 900 kips compression and 450 kips uplift, Max. Wall loads: 5 kips per lineal foot. Up to 8 feet of fill to achieve final grade. Little excavation other than foundation construction. Retaining walls will be constructed as part of site development to achieve final grades. Total Insured Values: $55,348,384 Total Project Value: $43,513,876 Occurrence Limit of Insurance: $27,674,192 (50.00%) part of $55,348,384 per OCCURRENCE Sub-limits of Insurance We will pay no more than 50.00% of the Sub-limits of Insurance and Aggregate Sub-limits of Insurance and percentage shown below. Our percentage of the Aggregate Sub-limits of Insurance, if any, are the most we will pay for loss in any one occurrence and during a policy year for all coverage(s) in or endorsed on the policy, including Soft Costs, Business Income and Loss of Rents. Our Sub-limits and Aggregate Sub-limits of Insurance are part of and not in addition to our Occurrence Limit of Insurance shown above. Surplus Lines Agent’s Address: 1227 S. Patrick Drive Surplus Lines Agent’s Name: Susan Brown Flemming Satellite Beach, FL 32937 Surplus Lines Agent’s License #:A085932 Producing Agent’s Name:________________________________________________ Producing Agent's Address:_______________________________________________ ______________________________________________ This insurance is issued pursuant to the Florida Surplus Lines Law.Persons insured by surplus lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation of an insolvent unlicensed insurer. Premium:_______________Tax:_____________Service Fee:__________________ EMPA Surcharge:_________Broker Fee:____________ Inspection Fee:_________________ Policy Fee:________________ Surplus Lines Agent’s Countersignature:____________________________________ Dani Chiste 2255 Glades Road One Boca Place, Suite 240W Boca Raton, FL 33431 Suppressed $151,174.00 $4.00 $0.00 $0.00 $0.00 $0.00 Westchester Surplus Lines Insurance Company SURPLUS LINES INSURERS’POLICY RATESAND FORMS ARE NOT APPROVED BY ANYFLORIDA REGULATORY AGENCY. Westchester Surplus Lines Insurance Company Westchester Surplus Lines Insurance Company Westchester Surplus Lines Insurance Company Premium-Non reporting Annual rate: $ Various Term Premium excluding TRIPRA: $151,174 Term TRIPRA Premium: REJECTED Total Builders Risk Coverage Term Premium: $151,174 Minimum Earned Premium: $37,794 Any applicable taxes, surcharges or fees, etc. are in addition to the above stated premium. The actual taxes, surcharges or fees, etc. will be those in effect on the date coverage is bound. The insured is responsible for paying these taxes, surcharges or fees in addition to the above stated premium. Please be advised that you are expected to comply with all state law requirements and your office is responsible for making Surplus Lines Filings and remitting the applicable Surplus Lines taxes. Please advise your client that Westchester Specialty Insurance Services, Inc. (WSIS) is offering this quote as representative of its affiliated surplus lines insurance company, Westchester Surplus Lines Insurance Company. WSIS is not acting on behalf of your client and does not seek placements in other surplus lines markets. Terms & Conditions: Additional NAMED INSURED Information: Mortgage and Loss Payee Information Westchester Surplus Lines Insurance Company Mandatory Exclusions and Amendments: All policy form endorsements including but not limited to Pollution & Contamination, Asbestos, Electronic Data/Cyber Risk, Mold/Fungus, and Nuclear, Biological Chemical Radiological Exclusions. Remarks: The terms, conditions, limits and exclusions of this binder supersede the submitted information and specifications submitted to us for consideration, and all prior binders. Actual coverage will be determined by and in accordance with the policy as issued by the insurer. The insurer is not bound by any statements made in the submission purporting to bind the insurer unless such statement is in the actual policy. This binder has been constructed in reliance on the information and specifications provided in the submission. A material change or misrepresentation of the submission information and specifications may void this binder. Attached please find a Disclosure Notice required by the Terrorism Risk Insurance Program Reauthorization Act ("TRIPRA"). Please be advised that we do not review Certificates of Insurance or Evidences of Commercial Property Insurance issued by you, or by any party, relating to this policy of insurance either for content or accuracy. Accordingly, we request that you do not provide copies of certificates or evidences to us for review or for our records. Authority is granted to you for the limited purpose of issuing unmodified ACORD Certificates (ACORD 25-S for Casualty and ACORD 24 for Property and Inland Marine) and unmodified Evidence of Commercial Property Insurance (ACORD 27 and 28) only. It is your responsibility to see that any Certificate or Evidence provides an accurate representation of the coverage form and endorsements applicable to this policy at the time the Certificates or Evidences is issued. Any modification of the approved ACORD forms specifically set forth above, or the issuance of a non-approved Certificates of Insurance ACORD or other is prohibited. Certificates of Insurance or Evidence of Commercial Property Insurance may only be issued as a matter of information. You have no authority by virtue of a Certificate, Evidence, or otherwise, to amend, extend or otherwise alter coverage afforded under this policy. Certificates of Insurance or Evidences of Commercial Property Insurance are never recognized as endorsements or policy change requests. You must submit a separate written request if an endorsement or policy change (including but not limited to adding additional insureds, loss payees and mortgagees and/or alteration of notice requirements for cancellation) is requested. In the event a policy change is requested, the underwriter will advise if the request is acceptable to the Company. Authorized Signature George Delatorre ALL-10750 (01/15) ©Chubb. 2016. All rights reserved. Page 9 of &quot TERRORISM EXCLUSION ENDORSEMENT Named Insured City of Clearwater Endorsement Number Policy Symbol BR Policy Number I2366009A 001 Policy Period 07/01/2021 to 05/21/2023 Effective Date of Endorsement Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BOILER AND MACHINERY COVERAGE PART BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY The following exclusion is added to this policy and applies to all coverages, additional coverages, and coverage extensions, notwithstanding any provision to the contrary in this policy or any other endorsement hereto: A. This insurance does not cover loss, damage, injury, expense, cost, or legal obligation directly or indirectly caused by or resulting from any of the following, regardless of any other cause or event, whether or not insured under this policy, contributing concurrently or in any other sequence thereto: 1. "Act of Terrorism"; or 2. Actions taken by or on behalf of any government or any branch or division thereof (including, without limitation, the uniformed armed forces, militia, police, state security, and anti-terrorism agencies) in responding to, preventing, combating, defending or retaliating against any "Act of Terrorism; or 3. dispersal, application, or release of any actual or alleged pathogen, poison, biologic or chemical product, material, waste or substance as a result of an Act of Terrorism, and it reasonably appears that one purpose of the Act of Terrorism was to release such product, material, waste or substance. This exclusion applies whether or not the "Act of Terrorism" was committed in concert with or on behalf of any organization or government. The terms and limitations of this exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Policy, such as, but not limited to, losses excluded by the “Nuclear Exclusion” or the “War Exclusion” or similar provision. B. As used in this endorsement: 1. “Act of Terrorism” means any act against persons, organizations or property of any nature that involves the following or preparation for the following: a. Use or threat of force or violence; or b. Commission or threat of a dangerous act; or ALL-10750 (01/15) ©Chubb. 2016. All rights reserved. Page 10 of &quot c. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and 2. Appears to be intended, in whole or in part, to: d. Intimidate or coerce a government or the civilian population; or e. Disrupt any segment of a nation's economy; or f. Influence the policy of a government by intimidation or coercion; or g. Affect the conduct of a government by mass destruction, assassination, kidnapping or hostage-taking; or h. Further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology; or i. Respond to governmental action or policy. "Act of Terrorism" shall also include any incident determined to be such by an official, department or agency that has been specifically authorized by federal statute to make such a determination. C. Exception Covering Certain Fire Losses If an Act of Terrorism results in a fire and the direct physical loss or damage to property insured hereunder located in any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, each of the United States Virgin Islands and any territory or possession of the United States, that, either pursuant to the Standard Fire Policy or otherwise, prohibits exclusions for acts of terrorism that result in fire, this Company will pay for the loss or damage caused by that fire. Such coverage for fire applies only to direct loss or damage to property insured hereunder and may be limited, in accordance with the Standard Fire Policy, to the lesser of the actual cash value of the property at the time of the loss or the amount which it would cost to repair or replace the property, without allowance for any increased cost of repair or replacement by reason of any ordinance or law, and without any compensation for business interruption, extra expense to continue business activities, or any other coverage for loss or damage other than direct physical loss or damage to the property insured hereunder. All other terms and conditions remain unchanged. TRIA24a (08/20) Page 11 of &quot Westchester Surplus Lines Insurance Company Insurance Company City of Clearwater Policyholder I2366009A 001 Policy Number AMWINS BROKERAGE OF FLORIDA INC Broker/Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You were notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY YOUR POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM THAT WOULD BE CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY, WE WILL NOT PROVIDE THIS COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIUM FOR THAT COVERAGE INDICATED BELOW. TRIA24a (08/20) Page 12 of &quot Terrorism coverage described by the Act under your policy was made available to you for additional premium in the amount of $6,047 , however you elected to decline such coverage. Page 1 of 29 Dani Chiste, CIC, CLCS Arthur J. Gallagher & Co. 200 S. Orange Avenue, Suite 1350 Orlando, FL 32801 P: 561.998.6803 | M: 561.603.5483 Builders Risk BINDER 6/30/21 Re: City of Clearwater - Imagine Clearwater Policy Number: BRIB902475A Dear Dani, I am pleased to offer the following binder for Builders Risk coverage. This binder is based on the submission received on 3/1/21, and subsequent material. This binder is for 50%, being $27,674,192 part of $55,348,384. COVERAGE: Construction All Risks Insurance INCLUDING Delay in Completion Coverage. PERILS INSURED: All Risk of direct physical loss or damage INCLUDING Flood and Earth Movement. POLICY FORM: Ironshore Completed Value Builder’s Risk Form. This policy will be issued as: 100% share Ironshore policy. PROGRAM PREMIUM: $250,000 Total Premium IRONSHORE PREMIUM: $125,000 Terrorism Premium is in addition. Surplus Lines Taxes & Filings: This premium does not include any amount with respect to Surplus Lines Taxes and/or fees. The submitting broker is responsible for the filing, collection and payment of all Surplus Lines Taxes and Fees. All Surplus Lines license numbers and names of the person(s) and/or Company(ies) responsible for the filings are required at bind. Percentage and totals must equal bound Total Premium and Total Insured Value. BROKERAGE COMMISSION: 12.5% Ironshore Specialty Insurance Company 175 Berkeley Street Boston, MA 02116 Page 2 of 29 TERRORISM RISK INSURANCE ACT – CERTIFIED ACTS OF TERRORISM: The Company is offering you the option to purchase Terrorism coverage as required by the Terrorism Reinsurance Act (TRIA) for certified acts of terrorism, as defined by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States. The premium for Terrorism coverage is stated below. $Rejected – Ironshore share of premium for Terrorism Coverage Please read this binder carefully as coverage items may not match the items and limits requested in your submission. 1. A. NAMED INSURED: City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 B. ADDITIONAL INSURED(S): To the extent required by any contract or subcontract for an INSURED PROJECT*, and then only as their respective interests may appear, all owners, all contractors and subcontractors of every tier, of the INSURED PROJECT* and any other individual or entity specified, in such contract or subcontract are recognized as Additional Insureds hereunder. However, the Additional Insured status does not extend to engineers, architects, and designers (or others for whose acts they are legally liable) for any work that falls within the scope of their professional services Additional Insureds as provided above, shall be as shown on ACORD Certificates of Insurance issued by Broker of Record , copies of which will be forwarded to the Insurer and kept on file. The Named Insured shall be deemed the sole and irrevocable agent of each and every Insured hereunder for the purpose of giving and receiving notices to and/or from the Insurer, giving instruction to or agreeing with the Insurer as respects Policy alteration and for making or receiving payments of premium or adjustments to premium. 2. LOSS PAYEE(S): Loss Payees and Mortgagees, all as their respective interest may appear, shall be as shown on ACORD Certificates of Insurance issued by Broker of Record, copies of which will be forwarded to the Insurer and kept on file. Loss, if any, shall be adjusted with and made payable to the Named Insured and designated Loss Payees & Mortgagees, or as per order of the Named Insured, whose receipt shall constitute a release in full of all liability under this Policy with respect to such loss. ISSUING COMPANY: Ironshore Specialty Insurance Company 175 Berkeley Street Boston, MA 02116 Coverage is provided on a Non-Admitted basis Page 3 of 29 3. POLICY PERIOD: Coverage provided hereunder shall be effective on 7/1/21 at 12:01 A.M. local time at the location of the INSURED PROJECT*. Coverage ends at the earlier of the following A. The Policy expires, effective 5/31/23 at 12:01 A.M. local time, at the location of the insured project B. The owner or buyer accepts the property; C. When the interest of the Named Insured ceases; D. At the completion of the TESTING PERIOD*, if applicable; E. Sixty (60) days after completion of the INSURED PROJECT*; F. When the INSURED PROJECT* is OCCUPIED* or put to use for its intended purpose; G. When the property is leased or rented to others; H. When the Named Insured abandons the construction with no intention to complete it; I. When permanent property insurance applies; or J. When this Policy is cancelled; The Policy Period includes a TESTING PERIOD* not exceeding NA consecutive days. 4. EXTENSION OF POLICY PERIOD: With prior notification to the Insurer in writing, in the event the INSURED PROJECT*, excluding HOT TESTING* and commissioning of equipment, has not been completed or accepted by the Owner, the Policy Period can be automatically extended for up to 1 (one) month for a monthly rate of $0.02/$100 of total project values subject to no risk aggravating situation at the time of the extension request. The TESTING PERIOD* can be extended an additional NA days for a rate of $NA/$100 of total project values subject to no risk aggravating situation at time of the extension request. Any additional extensions for the construction period, or any extension of the INSURED PROJECT* must be agreed to at the rates, premium and terms to be provided by the Insurer. 5. POLICY TERRITORY: This Policy covers loss or damage occurring within the fifty (50) States comprising the United States of America, including the District of Columbia, except that the Insurer will not cover property in transit by water or air traveling to or from Alaska or Hawaii regardless of origin of shipments. 6. LOCATION OF INSURED PROJECT*: 301 Drew Street, Clearwater, FL 33755 - The intersection of Cleveland Street and Osceola Ave 7. DESCRIPTION OF INSURED PROJECT* (Including Project Name and/or Contract Number as applicable): The project will consist of new construction of 4 MNC buildings, renovation of one Wood Frame boathouse (516 SF). The main building being an amphitheater with a canopy structure for concerts and performances. The amphitheater structure will be supported by 4 main columns and 10 other columns. The backstage areas will be single story with bearing walls. Max. Canopy Column loads: 900 kips compression and 450 kips uplift, Max. Wall loads: <5 kips per lineal foot. Up to 8 feet of fill to achieve final grade. Little excavation other than foundation construction. Retaining walls will be constructed as part of site development to achieve final grades. 8. PARTICIPATION: This Policy covers 50%, being $27,674,192 part of the Limit of Liability as set forth in Section I-10.A. and the Insurer shall not be liable for more than its declared participation of the Limit(s), Sublimit(s) and/or Aggregate Limit(s) as set forth in Section I-10.B. and Section I- 10.C. Page 4 of 29 9. ESTIMATED TOTAL CONTRACT VALUE* OF INSURED PROJECT* AT POLICY INCEPTION: The estimated TOTAL CONTRACT VALUE* of the INSURED PROJECT* declared to the Insurer by the Named Insured at Policy inception is Hard Costs: $ 43,513,876 Loss of RENTAL INCOME*: $ Not covered Loss of GROSS EARNINGS*; $ Not covered SOFT COSTS / ADDITIONAL EXPENSES*: $ 11,834,508 TOTAL CONTRACT VALUE*: $ 55,348,384 10. LIMIT OF LIABILITY: A. Limit of Liability: This Policy Limit shall be $55,348,384 in any one OCCURRENCE* subject always to the Sublimits and Aggregate Limits of Liability set forth below unless any of the foregoing are specifically amended by endorsement to this Policy. B. Sublimits of Liability: The Insurer shall not be liable for more than its share of the following Sublimit(s) of Liability in any one OCCURRENCE*. (NOTE: coverage shall only apply for individual sublimits when a dollar amount is entered below). In no event shall these sublimits of liability increase the Limit or Aggregate Limits of Liability: 1. $ 43,513,876 Physical loss of or damage to property insured at the INSURED PROJECT*; 2. $ 11,834,508 Delay in Completion, Soft Costs; 3. $ 1,000,000 Physical loss of or damage to property insured in Transit – any one conveyance; for the purposes of this coverage, “any one conveyance” shall be a single, continuous train, ship, truck or barge physically connected to or touching, by any means, another train, ship, truck or barge; 4. $ 1,000,000 Physical loss of or damage to property insured in Offsite Temporary Storage – any one location; 5. $ 250,000 Or 25% of the insured physical loss of or damage to property insured, whichever is less – Expediting Expense; 6. $ 50,000 Physical loss of or damage to Valuable Papers and Records, Plans, Blueprints, Drawings, Renderings, Specifications or Other Contract Documents and Models at the INSURED PROJECT*; 7. $ 100,000 Fire Brigade Charges , Extinguishing Expenses, and Fire Equipment Recharge; 8. $ 100,000 Physical damage to Trees, Shrubs, Plantings, and Landscaping at the INSURED PROJECT* not to exceed $5,000 for any one item including landscaping; Page 5 of 29 9. $ 1,000,000 Or 25% of the amount of insured physical loss of or damage to property insured whichever is less - Debris Removal; 10. $ Not Covered Physical loss of or damage to Existing Property; 11. $ 50,000 Claims Preparation Fees; 12. $ 250,000 Or 25% of the insured physical loss of or damage to property insured, whichever is less – Contractor’s Extra Expense; 13. $ 2,500,000 Ordinance & Law / Demolition & Increased Cost of Construction subject to: Part B and C combined: $1,000,000; 14. $ 50,000 Theft of Building Materials; 15. $ 50,000 Protection of Property; 16. $ 10,000 Contamination or Pollutant Clean-up; 17. $ 20,000,000 Named Windstorm* 17. $ CUSTOM ENDORSEMENT REQUIRED; C. Annual Aggregate Limits of Liability: Notwithstanding the foregoing and irrespective of the above stated Limit of Liability, the maximum amount the Insurer will pay for loss or damage from any one OCCURRENCE*, and/or in the aggregate for loss or damage from all occurrences, in any twelve consecutive months, shall not exceed the following amounts for the following perils unless otherwise limited by the sublimits stated above: 1. $ 10,000,000 caused by, resulting from, contributed to, or aggravated by the peril of EARTH MOVEMENT* except; 2. $ 10,000,000 caused by, resulting from, contributed to or aggravated by the peril of FLOOD* except; 2a. $ 10,000,000 caused by, resulting from, contributed to or aggravated by the peril of FLOOD* in Special Flood Hazard Areas on the National Flood Insurance Program (“NFIP”) maps (all Zones beginning with the designation A or V) and those areas labeled Zone B or Zone X (shaded), as defined by the Federal Emergency Management Agency (“FEMA”). 11. DEPOSIT PREMIUM / REPORTING / ADJUSTMENT: A. Deposit Premium: The deposit premium under this Policy is 100% earned in the event the INSURED PROJECT* is completed or when the Policy Period expires in accordance with Section I-3. In the event the INSURED PROJECT* is not completed in accordance with Section I-3 the earned premium shall be pro-rata of the deposit premium subject to 25% minimum earned. Early completion of the INSURED PROJECT* shall not in itself warrant any return premium. B. Reporting Provisions: Page 6 of 29 At the time of expiration, cancellation, or any requested policy extension, the Named Insured shall report to the Insurer the Total Completed Value of the INSURED PROJECT* including, but not limited to, all change orders, wages, expenses, materials, supplies, equipment, machinery and such other charges which became or will become a part of or were or will be expended in the project, all whether provided by the owner(s) or others. C. Premium Adjustment: 1. The final earned premium for this Policy shall be calculated by applying the rates used for the purpose of computing the deposit premium to the final Total Completed Value as reported in accordance with Section I-11.B. above, subject to any minimum and earned premium as stated in Section I-11.A; 2. If the premium so calculated shall differ from the deposit premium stated in Section I- 11.C.3. below by no more than 5%, no premium adjustment shall take place. Otherwise, premium differences shall be due and payable to the Named Insured or the Insurer, as the case may be, subject to any minimum and earned premium as stated in Section I-11.A.; 3. The rates used for the purpose of calculating the deposit premium and the final earned premium are: Exposure Original Policy Period Policy Rate except where noted Deposit Premium for Policy Period Installation/Construction 23 months 0.4517/ $100 $ 250,000 Delay in Completion included/ $100 $ included Hot TESTING* days / $100 $ Total Policy Period Deposit Premium $ 250,000 D. Premium Payment: All Premium(s) are due thirty days from Inception unless agreed in writing by underwriter prior to binding. 12. DEDUCTIBLES: From the amount of each claim for insured loss or damage arising out of any one OCCURRENCE*, there shall be deducted the applicable amount shown below, and then the liability of the Insurer shall be only for the amount of such insured loss or damage in excess thereof, subject to the limit of liability, sublimits of liability or annual aggregate limits of liability set forth above: A. $ 25,000 physical loss or damage; except: B. $ 50,000 physical loss or damage from WATER DAMAGE* C. $ NA physical loss or damage to insured property while undergoing HOT TESTING* D. $ 250,000 physical loss or damage from the peril of FLOOD* or 3% of the total INSURED PROJECT* values at risk at the time and place of loss, whichever is greater. Page 7 of 29 E. $ 250,000 Physical loss or damage from the peril of FLOOD* in Special Flood Hazard Areas on NFIP maps (all Zones beginning with the designation A or V) and those areas labeled Zone B or Zone X (shaded), as defined by FEMA, or 3% of the total INSURED PROJECT* values at risk at the time and place of loss, whichever is greater. F. $ 100,000 physical loss or damage from the peril of EARTH MOVEMENT* or NA% of the total INSURED PROJECT* values at risk at the time and place of loss, whichever is greater. G. $ 250,000 physical loss or damage from the peril of WINDSTORM* H. $ 250,000 Physical loss or damage from the peril of NAMED WINDSTORM*, or 3% of the total INSURED PROJECT* values at risk at the time and place of loss, whichever is greater. I. 30 days Soft Costs, except 45 days for perils Flood, Windstorm, Earthquake In the event that more than one physical loss or damage deductible shown above or specified in any endorsement issued hereunder shall apply to insured physical loss or damage in any one OCCURRENCE*, only the largest shall be applied. If the Delay In Completion coverage endorsement applies to this Policy, 30 days deductible shall apply in addition to the physical loss or damage deductible. COMMENTS: The following comments supersede anything stated within the referenced Policy. 1. Coverage is excess of all manufacturers’ and other warranties. 2. If Delay in Completion is included, DELAY IN COMPLETION ENDORSEMENT – DECLARATIONS Page will reflect; PERIOD OF INDEMNITY*: 730 Calendar Days ANTICIPATED DATE OF COMPLETION*: 5/31/23 DEDUCTIBLE PERIOD*: 30 Days Each DELAY* The aggregate shall not exceed $ 11,834,508 1. Loss Of RENTAL INCOME* $ not covered 2. Loss Of GROSS EARNINGS* $ not covered 3. SOFT COSTS / ADDITIONAL EXPENSES* $ 11,834,508 A. Contractor Contingency $ 1,740,555 B. Owner Contingency $ 2,610,833 C. General Conditions $ 3,481,110 D. Bonds $ 869,541 E. CCIP $ 1,427,988 F. Project Administration Expense $ NA G. Legal and Accounting Fees $ 1,704,481 H. Insurance Premiums $ NA I. License and Permit Fees $ NA Page 8 of 29 3. Ironshore Insurance Group will have access to periodic Loss Prevention Reports following the Project Progress. 4. The following endorsements apply: a. Terrorism Coverage Disclosure Notice b. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM c. OFAC: IS.PROP.END.017 d. IS.PROP.END.029 (0409) War Risk and Terrorist Exclusion, if option to purchase Terrorism Coverage is rejected. e. Broad Virus Exclusion Endorsement f. Data Corruption Endorsement g. DSU Endorsement 5. FLOOD* and or storm surge occurring in connection with WINDSTORM* or NAMED WINDSTORM* is part of WINDSTORM* or NAMED WINDSTORM* but in no event will the Company pay more than the policy sublimit for FLOOD* for any FLOOD *and or storm surge event. Payment for FLOOD* and or storm surge occurring in connection with WINDSTORM* or NAMED WINDSTORM* will erode the FLOOD* aggregate limit. 6. If Ironshore Specialty Insurance Company insures less than 100% of the layer of insurance listed in the Limit of Liability section of the Declarations, the Insured shall advise Ironshore of any agreement with another insurer subscribing that layer on better terms and conditions with respect to (i) premium rate; (ii) coverage limitations or exclusions; or (iii) obligations of the Insured. Ironshore shall then have the option, at its sole discretion, of including the same term or condition in its subscribed share of the layer from the first day of the Policy Period. Failure to so advise or to permit Ironshore to exercise this option shall be a material breach of this contract and constitute substantial prejudice to Ironshore. CONDITIONS: This Binder will expire in thirty (30) days or upon the issuance of revised binder and is contingent upon the receipt of a copy of the appropriate Surplus Lines License at time of binding. Thank you for submitting this account to Ironshore. Please feel free to contact me should you have any questions or comments. Regards, Yulia Michael, CPCU Underwriting Officer Builders Risk/ North American Specialty Ironshore 28 Liberty street New York, NY 10005 646-634-5924 Yulia.michael@ironshore.com Page 9 of 29 Surplus Lines Tax Documentation Return this form to Underwriter with Binding Request Date: 6/30/21 Named Insured: City of Clearwater. Effective: 7/1/21. This policy is being written on a surplus lines basis for which your office is responsible for handling the state tax filing(s). If filing in multiple states, please provide the following information for each state. Please return a signed copy of this letter with your order to bind acknowledging that you have arranged for the filings and payment of the surplus lines tax and/or stamping fees in accordance with all applicable state regulations and that you have verified compliance with any other regulatory requirements that might apply to this transaction under the excess or surplus lines laws of any United States jurisdiction. State: FL Surplus Lines Agent (individual): ___________________________________ Surplus Lines License Number (Under which transaction is filed): _________________________________ Agency Name and Address: ______________________________________ _______________________________________ _______________________________________ For New Jersey Surplus Lines NJ Transaction Number: ____________________________________ Home State: __________________________________________________ Broker Contact to receive policy and endorsements; Name: ____________________________________ Email address: ______________________________ Telephone number: __________________________ Page 10 of 29 Ironshore Specialty Insurance Company (ISIC) EXHIBIT A Surplus Lines State Disclosure Exhibit Please see the applicable disclosure for the insured premium state. Page 11 of 29 State Disclosure Alabama This contract is registered and delivered as a surplus lines coverage under the Alabama Surplus Line Insurance Law. (Ala. Code § 27-10-22). Alaska This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. Arizona Pursuant to Arizona Revised Statutes, 20-401.01, subsection B, paragraph 1, this policy is issued by an insurer that does not possess a certificate of authority from the director of the Arizona Department of Insurance. If the insurer that issued this policy becomes insolvent, insureds or claimants will not be eligible for insurance guaranty fund protection pursuant to Arizona Revised Statutes title 20. Arkansas This contract is registered and delivered as a surplus lines coverage under the Surplus Lines Insurance Law, and it may in some respects be different from contracts issued by insurers in the admitted markets, and, accordingly, it may, depending upon the circumstances, be more or less favorable to an insured than a contract from an admitted carrier might be. The protection of the Arkansas Property and Casualty Guaranty Act does not apply to this contract. A tax of four percent (4%) is required to be collected from the insured on all surplus lines premiums. (A.C.A. § 23-65-307). Page 12 of 29 California NOTICE: 1. THE INSURANCE POLICY THAT YOU (HAVE PURCHASED) (ARE APPLYING TO PURCHASE) IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR “SURPLUS LINE” BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 800-927-4357. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC’S INTERNET WEB SITE AT WWW.NAIC.ORG. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE’S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC’S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON- UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV. 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. Date: _____________ Insured: ____________ Colorado This contract is delivered as a surplus line coverage under the ‘Nonadmitted Insurance Act’. The insurer issuing this contract is not licensed in Colorado but is an approved nonadmitted insurer. There is no protection under the provisions of the ‘Colorado Insurance Guaranty Association Act. Connecticut NOTICE THIS IS A SURPLUS LINES POLICY AND IS NOT PROTECTED BY THE CONNECTICUT INSURANCE GUARANTY ASSOCIATION OR SUBJECT TO APPROVAL BY THE CONNECTICUT INSURANCE DEPARTMENT. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS POLICY. Page 13 of 29 Delaware This insurance contract is issued pursuant to the Delaware Insurance Laws by an insurer neither licensed by nor under the jurisdiction of the Delaware Insurance Department. This insurer does not participate in insurance guaranty funds created by state law. In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund. District of Columbia This insurance contract is issued by an insurer neither licensed by nor under the supervision of the District of Columbia Department of Insurance, Securities and Banking. If the insurer that issued this policy becomes insolvent, insureds or claimants will not be protected by the District of Columbia Insurance Guaranty Association Act. Florida THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. Georgia This contract is registered and delivered as a surplus line coverage under the Surplus Line Insurance Law, O.C.G.A. Chapter 33-5. Hawaii This insurance contract is issued by an insurer which is not licensed by the State of Hawaii and is not subject to its regulation or examination. If the insurer is found insolvent, claims under this contract are not covered by any guaranty fund of the State of Hawaii. Idaho This surplus line contract is issued pursuant to the Idaho insurance laws by an insurer not licensed by the Idaho Department of Insurance. There is no coverage provided for surplus line insurance by either the Idaho Insurance Guaranty Association or by the Idaho Life and Health Insurance Guaranty Association. Illinois Notice to Policyholder: This contract is issued, pursuant to Section 445 of the Illinois Insurance Code, by a company not authorized and licensed to transact business in Illinois and as such is not covered by the Illinois Insurance Guaranty Fund. Iowa This policy is issued, pursuant to Iowa Code section 515.120, by a nonadmitted company in Iowa and as such is not covered by the Iowa Insurance Guaranty Association. Kansas This policy is issued by an insurer not authorized to do business in Kansas and, as such, the form, financial condition and rates are not subject to review by the commissioner of insurance and the insured is not protected by any guaranty fund. Kentucky This insurance has been placed with an insurer not licensed to transact business in the Commonwealth of Kentucky but eligible as a surplus lines insurer. The insurer is not a member of the Kentucky Insurance Guaranty Association. Should the insurer become insolvent, the protection and benefits of the Kentucky Insurance Guaranty Association are not available. Louisiana NOTICE This insurance policy is delivered as a surplus line coverage under the Insurance Code of the State of Louisiana. In the event of insolvency of the company issuing this contract, the policyholder or claimant is not covered by the Louisiana Insurance Guaranty Association which guaranties only specific policies issued by an insurance company authorized to do business in Louisiana. This surplus lines policy has been procured by the following licensed Louisiana surplus lines broker: _________________________________________________________ Signature of Licensed Louisiana Surplus Lines Broker or Authorized Representative _________________________________________________________ Printed Name of licensed Louisiana Surplus Lines Broker Page 14 of 29 Maine This insurance contract is issued pursuant to the Maine Insurance Laws by an insurer neither licensed by nor under the jurisdiction of the Maine Bureau of Insurance. Maryland This insurance is issued by a nonadmitted insurer not under the jurisdiction of the Maryland Insurance Commissioner. Massachusetts This policy is insured by a company which is not admitted to transact insurance in the commonwealth, is not supervised by the commissioner of insurance and, in the event of an insolvency of such company, a loss shall not be paid by the Massachusetts Insurers Insolvency Fund under chapter 175D. Michigan This insurance has been placed with an insurer that is not licensed by the State of Michigan. In case of insolvency, payment of claims may not be guaranteed. Minnesota THIS INSURANCE IS ISSUED PURSUANT TO THE MINNESOTA SURPLUS LINES INSURANCE ACT. THE INSURER IS AN ELIGIBLE SURPLUS LINES INSURER BUT IS NOT OTHERWISE LICENSED BY THE STATE OF MINNESOTA. IN CASE OF INSOLVENCY, PAYMENT OF CLAIMS IS NOT GUARANTEED. Mississippi NOTE: This insurance policy is issued pursuant to Mississippi law covering surplus lines insurance. The company issuing the policy is not licensed by the State of Mississippi, but is authorized to do business in Mississippi as a nonadmitted company. The policy is not protected by the Mississippi Insurance Guaranty Association in the event of the insurer’s insolvency. Missouri This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by the Missouri Insurance Guaranty Association. This insurer is not licensed by the state of Missouri and is not subject to its supervision. Montana NOTICE: This coverage is issued by an unauthorized insurer that is an eligible surplus lines insurer. If this insurer becomes insolvent, there is no coverage by the Montana Insurance Guaranty Association under the Montana Insurance Guaranty Association Act. ________________________________________ Printed Name of Surplus Lines Insurance Montana License Number Producer _________________________________________ Signature of Surplus Lines Insurance Producer Nebraska This policy is issued by a nonadmitted insurer, and in the event of the insolvency of such insurer, this policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association. Nevada This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the Division of Insurance of the Department of Business and Industry of the State of Nevada. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act. New Hampshire The company issuing this policy is an eligible surplus lines insurer in the state of New Hampshire and the rates charged and policy forms used have not been approved by the commissioner of insurance. If the company issuing this policy becomes insolvent, the New Hampshire insurance guaranty fund shall not be liable for any claims made against the policy. New Jersey This policy is written by a surplus lines insurer and is not subject to the filing or approval requirements of the New Jersey Department of Banking and Insurance. Such a policy may contain conditions, limitations, exclusions and different terms than a policy issued by an insurer granted a Certificate of Authority by the New Jersey Department of Banking and Insurance. The insurer has been approved by the Department as an eligible surplus lines insurer, but the policy is not covered by the New Jersey Insurance Guaranty Fund, and only a policy of medical malpractice liability insurance as defined in N.J.S.A. 17:30D-3d or a policy of property insurance covering owner-occupied dwellings of less than four dwelling units are covered by the New Jersey Surplus Lines Guaranty Fund Page 15 of 29 New Mexico This policy provides surplus lines insurance by an insurer not otherwise authorized to transact business in New Mexico. This policy is not subject to supervision, review or approval by the superintendent of insurance. The insurance so provided is not within the protection of any guaranty fund law of New Mexico designed to protect the public in the event of the insurer’s insolvency. New York THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S), NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE INSURANCE DEPARTMENT PERTAINING TO POLICY FORMS. North Carolina The insurance company with which this coverage has been placed is not licensed by the State of North Carolina and is not subject to its supervision. In the event of the insolvency of the insurance company, losses under this policy will not be paid by any State insurance guaranty or solvency fund. North Dakota “Notice: 1. an insurer that is not licensed in this state is issuing the insurance policy that you have applied to purchase. These companies are called “nonadmitted” or “surplus lines” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that applies to licensed insurers in this state. 3. These insurers generally do not participate in insurance guaranty funds created by state law. These guaranty funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. Some states maintain lists of approved or eligible surplus lines insurers and surplus lines producers may use only insurers on the lists. Some states issue orders that particular surplus lines insurers cannot be used. 5. For additional information about the above matters and about the insurer, you should ask questions of your insurance producer or surplus lines producer. You may also contact your insurance department consumer help line.” Ohio THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NON-LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION. Oklahoma This policy is not subject to the protection of any guaranty association in the event of liquidation or receivership of the insurer. Oregon This insurance was procured and developed under the Oregon surplus lines laws. It is NOT covered by the provisions of ORS 734.510 to 734.710 relating to the Oregon Insurance Guaranty Association. If the insurer issuing this insurance becomes insolvent, the Oregon Insurance Guaranty Association has no obligation to pay claims under this insurance. Pennsylvania The insurer which has issued this insurance is not licensed by the Pennsylvania Insurance Department and is subject to limited regulation. This insurance is NOT covered by the Pennsylvania Property and Casualty Insurance Guaranty Association. Rhode Island NOTICE THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME INSOLVENT, THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS INSOLVENCY FUND ARE NOT AVAILABLE. South Carolina This company has been approved by the director or his designee of the South Carolina Department of Insurance to write business in this State as an eligible surplus lines insurer, but it is not afforded guaranty fund protection. Page 16 of 29 South Dakota THIS INSURANCE CONTRACT IS ISSUED BY A NONADMITTED INSURER WHICH IS NOT LICENSED BY NOR UNDER THE JURISDICTION OF THE SOUTH DAKOTA INSURANCE DIRECTOR. Tennessee This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus line coverage pursuant to the Tennessee insurance statutes. Texas This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage, and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85% percent tax on gross premium. Utah The insurer issuing this policy does not hold a certificate of authority to do business in this state and thus is not fully subject to regulation by the Utah insurance commissioner. This policy receives no protection from any of the guaranty associations created under Title 31A, chapter 28. Vermont The company issuing this policy has not been licensed by the state of Vermont and the rates charged have not been approved by the commissioner of insurance. Any default on the part of the insurer is not covered by the Vermont Insurance Guaranty Association. Virginia NOTICE TO INSURED THE INSURANCE POLICY THAT YOU HAVE APPLIED FOR HAS BEEN PLACED WITH OR IS BEING OBTAINED FROM AN INSURER APPROVED BY THE STATE CORPORATION COMMISSION FOR ISSUANCE OF SURPLUS LINES INSURANCE IN THE COMMONWEALTH, BUT NOT LICENSED OR REGULATED BY THE STATE CORPORATION COMMISSION OF THE COMMONWEALTH OF VIRGINIA. THEREFORE, YOU, THE POLICYHOLDER, AND PERSONS FILING A CLAIM AGAINST YOU ARE NOT PROTECTED UNDER THE VIRGINIA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT (ss 38.2-1600 et seq.) OF THE CODE OF VIRGINIA AGAINST DEFAULT OF THE COMPANY DUE TO INSOLVENCY. IN THE EVENT OF INSURANCE COMPANY INSOLVENCY YOU MAY BE UNABLE TO COLLECT ANY AMOUNT OWED TO YOU BY THE COMPANY REGARDLESS OF THE TERMS OF THIS INSURANCE POLICY, AND YOU MAY HAVE TO PAY FOR ANY CLAIMS MADE AGAINST YOU. _____________ (Name of Surplus Lines Broker) _____________ (License Number) _____________ (Broker's Mailing Address) Washington This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law. West Virginia [On front page]: THIS COMPANY IS NOT LICENSED TO DO BUSINESS IN WEST VIRGINIA, AND IS NOT SUBJECT TO THE WEST VIRGINIA INSURANCE GUARANTY ACT. [On separate document affixed to policy]: Notice: 1. An insurer that is not licensed in this state is issuing the insurance policy that you have applied to purchase. These companies are called “nonadmitted” or “surplus lines” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that applies to licensed insurers in this state. 3. These insurers generally do not participate in insurance guaranty funds created by state law. These guaranty funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. Some states maintain lists of approved or eligible surplus lines insurers and surplus lines brokers may use only insurers on the lists. Some states issue orders that particular surplus lines insurers cannot be used. 5. For additional information about the above matters and about the insurer, you should ask questions of your insurance agent or surplus lines licensee. You may also contact your insurance commission consumer help line. Page 17 of 29 Wisconsin This insurance contract is with an insurer which has not obtained a certificate of authority to transact a regular insurance business in the state of Wisconsin, and is issued and delivered as a surplus line coverage pursuant to s.618.41 of the Wisconsin Statutes. Section 618.43(1), Wisconsin Statutes, requires payment by the policyholder of 3% tax on gross premium. Wyoming This insurance contract is issued pursuant to the Wyoming Insurance Laws by an insurer neither licensed by nor under the jurisdiction of the Wyoming Insurance Department. In the event of insolvency of the surplus lines insurer, losses will not be paid by the Wyoming Insurance Guaranty Association.” 4842-9093-1462, v. 1 Revised 04.10.2017 Page 18 of 29 Liberty Mutual Group Privacy Notice Commercial Lines (excluding Workers’ Compensation) (Effective January 1, 2020) Liberty Mutual Group and its affiliates, subsidiaries, and partners (collectively “Liberty Mutual” or “we”, “us” and “our”) provide insurance to companies and other insurers. This Privacy Notice explains how we gather use, and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing outside of California. It does not apply to covered employees or claimants under Workers’ Compensation policies. If this notice does not apply to you, go to libertymutual.com/privacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather? We may collect the following categories of data: • Identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number, driver’s license number, or other similar identifiers; • Personal information such as your name, signature, Social Security Number, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, financial information, medical information, or health insurance information; • Protected classification characteristics, including age, race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status; • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies; • Internet or other similar network activity, including browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement; • Professional or employment related information, including current or past job history or performance evaluations; • Inferences drawn from other personal information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; • Risk data, including data about your driving and/or accident history; this may include data from consumer reporting agencies, such as your motor vehicle records and loss history information, health data, or criminal convictions; and • Claims data, including data about your previous and current claims, which may include data regarding your health, criminal convictions, third party reports, or other personal data. How We Get the Personal Data: We gather your personal data directly from you. For example, you provide us with data when you: We also gather your personal data from other people. For example:  ask about, buy insurance or file a claim  your insurance agent or broker  pay your policy  your employer, association or business (if you are insured through them) Page 19 of 29  visit our websites, call us, or visit our office  our affiliates or other insurance companies about your transactions with them  consumer reporting agencies, Motor Vehicle Departments, and inspection services, to gather your credit history, driving record, claims history, or value and condition of your property  other public directories and sources  third parties, including other insurers, brokers and insurance support organizations who you have communicated with about your policy or claim, anti-fraud databases, sanctions lists, court judgments and other databases, government agencies, open electoral register or in the event of a claim, third parties including other parties to the claim witnesses, experts loss adjustors and claim handlers  other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data How Does Liberty Mutual Use My Data? Liberty Mutual uses your data to provide you with our products and services, and as otherwise provided in this Privacy Notice. Your data may be used to: Business Purpose Data Categories Market, sell and provide insurance. This includes for example: • calculating your premium; • determining your eligibility for a binder; • confirming your identity and service your policy; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Manage your claim. This includes, for example: • managing your claim, if any; • conducting claims investigations; • conducting medical examinations; • conducting inspections, appraisals; • providing roadside assistance; • providing rental car replacement, or repairs; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal • information • Risk data • Claims data Page 20 of 29 Day to Day Business and Insurance Operations. This includes, for example: • creating, maintaining, customizing and securing accounts; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • supporting day-to-day business and insurance related functions; • doing internal research for technology development; • marketing and creating products and services; • conducting audits related to a current contact with a consumer and other transactions; • as described at or before the point of gathering personal data or with your authorization; • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Security and Fraud Detection. This includes for example: • detecting security issues; • protecting against fraud or illegal activity, and to comply with regulatory and law enforcement authorities; • managing risk and securing our systems, assets, infrastructure and premises; roadside assistance, rental car replacement, or repairs • help to ensure the safety and security of Liberty staff, assets and resources, which may include physical and virtual access controls and access rights management; • supervisory controls and other monitoring and reviews, as permitted by law; and emergency and business continuity management; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Page 21 of 29 Regulatory and Legal Requirements. This includes for example: • controls and access rights management; • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Liberty’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Liberty is among the assets transferred; • exercising and defending our legal rights and positions; • to meet Liberty contract obligations; • to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; • as otherwise permitted by law. • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Improve Your Customer Experience and Our Products. This includes for example: • improve your customer experience, our products and service; • Identifiers • Personal Information • Commercial Information • Internet or other similar network activity • Professional or employment related information • to provide, support, personalize and develop our website, products and services; • create and offer new products and services; • Inferences drawn from other personal information • Risk data • Claims data Analytics to identify, understand and manage our risks and products. This includes for example: • conducting analytics to better identify, understand and manage risk and our products; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Page 22 of 29 Customer service and technical support. This includes for example: • answer questions and provide notifications; • provide customer and technical support; • Identifiers • Personal Information • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data How Does Liberty Mutual Share My Data? Liberty Mutual shares personal data of with the following categories of third parties: • Liberty Mutual affiliates; • Service Providers; • Public entities and institutions (e.g. regulatory, quasi-regulatory, tax or other authorities, law enforcement agencies, courts, arbitrational bodies, and fraud prevention agencies); • Professional advisors including law firms, accountants, auditors, and tax advisors; • Insurers, re-insurers, policy holders, and claimants; and • As permitted by law. Liberty Mutual shares the following categories of personal data to service providers for business purposes: Identifiers Personal Data; Protected Classification Characteristics; Commercial Information; Internet or other similar network activity; Claims Data; Inferences drawn from other personal information; Risk Data; Professional, employment, and education information; Will Liberty Mutual Update This Privacy Notice? We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do I Contact Regarding Privacy? If you have any questions or comments about this Notice please do not hesitate to contact Liberty Mutual at: Phone: 800-344-0197 Email: privacy@libertymutual.com Postal Address: Liberty Mutual Insurance Company 175 Berkeley St., 6th Floor Boston, MA 02116 Attn: Privacy Office Page 23 of 29 Liberty Mutual Group California Privacy Notice Commercial Lines (excluding Workers’ Compensation) (Effective January 1, 2020) Liberty Mutual Group and its affiliates, subsidiaries, and partners (collectively “Liberty Mutual” or “we”, “us” and “our”) provide insurance to companies and other insurers. This Privacy Notice explains how we gather use, and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers’ Compensation policies. If this notice does not apply to you, go to libertymutual.com/privacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather? We may collect the following categories of data: • Identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number, driver’s license number, or other similar identifiers; • Personal information described in California Civil Code § 1798.80(e), such as your name, signature, Social Security Number, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, financial information, medical information, or health insurance information; • Protected classification characteristics, including age, race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status; • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies; • Internet or other similar network activity, including browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement; • Professional or employment related information, including current or past job history or performance evaluations; • Inferences drawn from other personal information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; • Risk data, including data about your driving and/or accident history; this may include data from consumer reporting agencies, such as your motor vehicle records and loss history information, health data, or criminal convictions; and • Claims data, including data about your previous and current claims, which may include data regarding your health, criminal convictions, third party reports, or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data: We gather your personal data directly from you. For example, you provide us with data when you: We also gather your personal data from other people. For example: Page 24 of 29 ▪ ask about, buy insurance or file a claim ▪ your insurance agent or broker ▪ pay your policy ▪ your employer, association or business (if you are insured through them) ▪ visit our websites, call us, or visit our office ▪ our affiliates or other insurance companies about your transactions with them ▪ consumer reporting agencies, Motor Vehicle Departments, and inspection services, to gather your credit history, driving record, claims history, or value and condition of your property ▪ other public directories and sources ▪ third parties, including other insurers, brokers and insurance support organizations who you have communicated with about your policy or claim, anti-fraud databases, sanctions lists, court judgments and other databases, government agencies, open electoral register or in the event of a claim, third parties including other parties to the claim witnesses, experts loss adjustors and claim handlers ▪ other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data? Liberty Mutual uses your data to provide you with our products and services, and as otherwise provided in this Privacy Notice. Your data may be used to: Business Purpose Data Categories Market, sell and provide insurance. This includes for example: • calculating your premium; • determining your eligibility for a binder; • confirming your identity and service your policy; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Manage your claim. This includes, for example: • managing your claim, if any; • conducting claims investigations; • conducting medical examinations; • conducting inspections, appraisals; • providing roadside assistance; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information Page 25 of 29 • providing rental car replacement, or repairs; • Inferences drawn from other personal information • Risk data • Claims data Day to Day Business and Insurance Operations. This includes, for example: • creating, maintaining, customizing and securing accounts; • supporting day-to-day business and insurance related functions; • doing internal research for technology development; • marketing and creating products and services; • conducting audits related to a current contact with a consumer and other transactions; • as described at or before the point of gathering personal data or with your authorization; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Security and Fraud Detection. This includes for example: • detecting security issues; • protecting against fraud or illegal activity, and to comply with regulatory and law enforcement authorities; • managing risk and securing our systems, assets, infrastructure and premises; roadside assistance, rental car replacement, or repairs • help to ensure the safety and security of Liberty staff, assets and resources, which may include physical and virtual access controls and access rights management; • supervisory controls and other monitoring and reviews, as permitted by law; and emergency and business continuity management; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Regulatory and Legal Requirements. This includes for example: • controls and access rights management; • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Liberty’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Liberty is among the assets transferred; • exercising and defending our legal rights and positions; • to meet Liberty contract obligations; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Page 26 of 29 • to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; • as otherwise permitted by law. Improve Your Customer Experience and Our Products. This includes for example: • improve your customer experience, our products and service; • to provide, support, personalize and develop our website, products and services; • create and offer new products and services; • Identifiers • Personal Information • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Analytics to identify, understand and manage our risks and products. This includes for example: • conducting analytics to better identify, understand and manage risk and our products; • Identifiers • Personal Information • Protected Classification Characteristics • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data Customer service and technical support. This includes for example: • answer questions and provide notifications; • provide customer and technical support; • Identifiers • Personal Information • Commercial Information • Internet or other similar network activity • Professional or employment related information • Inferences drawn from other personal information • Risk data • Claims data How Does Liberty Mutual Share My Data? Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties: • Liberty Mutual affiliates; • Service Providers; • Public entities and institutions (e.g. regulatory, quasi-regulatory, tax or other authorities, law enforcement agencies, courts, arbitrational bodies, and fraud prevention agencies); • Professional advisors including law firms, accountants, auditors, and tax advisors; • Insurers, re-insurers, policy holders, and claimants; and • As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes: Page 27 of 29 Identifiers Personal Data; Protected Classification Characteristics; Commercial Information; Internet or other similar network activity; Claims Data; Inferences drawn from other personal information; Risk Data; Professional, employment, and education information; For information about how we have shared personal information in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do I Have? The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve (12) months preceding such request, including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you, subject to certain exceptions. Specifically, you have the right to request that we disclose the following to you, in each case for the twelve (12) month period preceding your request: • the categories of personal data we have collected about you; • the categories of sources from which the personal data was/is collected; • our business or commercial purpose for collecting personal data; • the categories of third parties with whom we share personal data; • the specific pieces of data we have collected about you; • the categories of personal data about you, if any, that we have disclosed for monetary or other valuable consideration, including the categories of third parties to which we have disclosed the data, by category or categories of personal data for each third party to which we disclosed the personal data; and • the categories of personal data about you that we disclosed for a business purpose. You can make a request by either: Calling: 800-344-0197 Online: libertymutualgroup.com/privacy-policy/data-request Mail: Liberty Mutual Insurance Company 175 Berkeley St., 6th Floor Boston, MA 02116 Attn: Privacy Office You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person; and describe your request with sufficient detail that allows Liberty Mutual Page 28 of 29 to properly understand, evaluate, and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty-five (45) days of its receipt. If more time is needed, Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve (12) month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request, you will be provided with the reason that the request cannot be completed. For more information about how we will respond to requests, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data (opt-out rights), and personal data of minors under 16 years of age will not be sold, as is their right, without theirs or their parents' opt-in consent. Liberty Mutual does not sell the personal data of consumers. For more information, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, exercising your rights will not cause Liberty Mutual to: • Deny you goods or services; • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; • Provide you a different level or quality of goods or services; or • Suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services. Will Liberty Mutual Update This Privacy Notice? We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do I Contact Regarding Privacy? If you have any questions or comments about this Notice or the Supplemental CCPA Notice, your rights, or are requesting the Notice in an alternative format, please do not hesitate to contact Liberty Mutual at: Phone: 800-344-0197 Email: privacy@libertymutual.com Postal Address: Liberty Mutual Insurance Company 175 Berkeley St., 6th Floor Boston, MA 02116 Attn: Privacy Office Page 29 of 29 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9540 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the Contract for Purchase by the City of Clearwater of certain real property located on the southwest corner of N. Martin Luther King Jr. Avenue and Engman Street with a purchase price of $35,000 and total expenditures not to exceed $37,000; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and approve the transfer of $37,000 from general fund reserves at third quarter to cover the cost of the purchase. (consent) SUMMARY: The City recently closed on the acquisition of property where the former Elks Lodge is located at 1011 Engman Street. The adjacent parcel fronting N. Martin Luther King Jr. (N. MLK) Avenue and Engman Street is owned by a private entity unaffiliated with the former owner of the Elks Lodge property. This assemblage opportunity will provide for a larger and more marketable site with corner frontage in the commercially zoned area of N. MLK Ave. The site will be used for future redevelopment to help catalyze economic development activity in the North Greenwood neighborhood. The subject property is located on the southwest corner of N. MLK and Engman Street. The Pinellas County Property Identification Number is 10-29-15-65718-004-0080. The parcel is approximately 6,000 square feet and is owned by W.A. Lewis, Inc. The combined assemblage is approximately 28,500 square feet (0.654 acres). James Millspaugh and Associates, Inc. performed an appraisal on the property and determined the value of the property to be $30,000 with a valuation date of September 1, 2020. APPROPRIATION CODE AND AMOUNT: A third quarter amendment will increase cost code 0107010-560300, Land Development, funded by an allocation of General Fund reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $37,000. Inclusive of this item if approved, a net total of $2,263,540 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $33.7 million, or 22.2% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 8/27/2021 ENGMAN ST LA SALLE ST N MARTIN LUTHER KING, JR. AVE ENGMAN ST LA SALLE ST 10111205 10081010100510071215 10121006100311111014100410021303 11051113 1115 1304 AERIAL MAP Document Path: C:\Users\Kelsey.Troyer\Desktop\KT_GIS\Map_requests\10-29-15-65718-004-0080 Acquisition.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 17/29/2021Date:Aerial Flown 2019 Proposed Property AcquisitionParcel Number:10-29-15-65718-004-0080 Proposed PropertyAcquisition Parcel Number:10-29-15-65718-004-0080Recently Acquiredby the City Parcel Number:10-29-15-65718-004-0050 KTMap Gen By:PDReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9610 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Appoint eleven members to the Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 21-30. SUMMARY: Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of eleven members and that the City appoint the eleven members by resolution. The eleven members must represent a specific industry or a specific group. The required groups and recommended individuals are listed below: ·Banking industry/mortgage: Linda Kemp ·Area of labor engaged in home building: Maria (Gaby) Camacho ·Advocate for low-income person: Peter Scalia ·Not-for-profit provider of affordable housing: Kevin Chinault ·Real estate professional engaged in affordable housing: Lindsay Dicus-Harrison ·Representative of Employers: Camille Hebting ·Clearwater resident: Carmen Santiago ·Member of the local planning agency: Michael Boutzoukas ·Essential Services representative: Jacqueline Rivera ·Residential home building: Pierre Cournoyer ·Locally elected official: TO BE DETERMINED BY CITY COUNCIL The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2021, and will encompass the definition, vision, strategic focus areas, and action plan (including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the city. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9610 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/27/2021 Resolution No. 21-30 RESOLUTION NO. 21-30 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPOINTING THE AFFORDABLE HOUSING ADVISORY COMMITTEE (“COMMITTEE”) IN ACCORDANCE WITH FLORIDA STATUTE SECTION 420.9076, AND REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP (“SHIP”) PROGRAM; PROVIDING THAT THE CITY’S NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD (“NAHAB”) SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING ADDITIONAL MEMBERS TO THE COMMITTEE IN ACCORDANCE WITH SECTION 2.228, CODE OF ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act (“Act”) also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution; and it is desirable that the City Neighborhood and Affordable Housing Advisory Board (“NAHAB”) serve on the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That the following existing members of the Neighborhood and Affordable Housing Advisory Board are hereby appointed, for a term ending upon City Council adoption of the 2021 Local Housing Incentive Strategy (anticipated prior to December 31, 2021), as members of the Affordable Housing Advisory Committee: • Maria (Gaby) Camacho representing those areas of labor engaged in home building in connection with affordable housing • Linda Kemp representing the banking or mortgage industry in connection with affordable housing • Peter Scalia as an advocate for low-income persons in connection with affordable housing • Lindsay Dicus-Harrison representing those who are actively engaged as a real estate professional in connection with affordable housing • Carmen Santiago as citizen who resides within the City of Clearwater • Camille Hebting representing employers within the City of Clearwater Resolution No. 21-30 • Kevin Chinault representing a not-for-profit provider of affordable housing SECTION 2: That the following persons are hereby appointed, for a term ending upon City Council adoption of the 2021 Local Housing Incentive Strategy, to the Affordable Housing Advisory Committee: • Pierre Cournoyer representing the residential home building industry • Michael Boutzoukas who serves on the local planning agency • Jacqueline Rivera representing essential services personnel • Kathleen Beckman as a locally elected official SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2nd day of September 2021. Approved on ______ day of __________, 2021. ______________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________ ______________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9549 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and FOP Lodge 10 expires on September 30, 2021. The parties reached a tentative agreement for a new contract which has been ratified by the membership. The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for all classifications in the first year effective the first pay period in October. It also provides a step pay increase of either 5% or 2.5% depending on years of service and provides for all pay ranges to be adjusted by 3% in the first year. In the second and third year of the agreement, it provides for a 3% general wage increase plus a step pay increase of either 5% or 2.5% depending on years of service and a 3% pay range adjustment for all classifications. This agreement also provides for the following changes: Increases standby pay to $50 per weekday and $100 per weekend. The Community Policing Squad, Traffic Section, and School Resource Officers will now receive 5% assignment pay rather than $40 per pay period. Increased tuition reimbursement refund amounts to $1700 for a bachelor’s degree, and $2000 for a master’s degree. Juneteenth was added as a paid holiday per council approval at the August 5, 2021 meeting. A vacation sell back program allowing eligible officers to sell back up to 80 hours of vacation in a payroll calendar year was added; program includes vacation utilization requirements. APPROPRIATION CODE AND AMOUNT: A cumulative estimated value of this agreement over the three year is $2,953,012. The cost associated with the implementation of this agreement by fiscal year is anticipated to be approximately as follows: FY 2021/22 $967,861 FY 2022/23 $1,002,135 FY 2023/24 $983,016 Funds are available in the FY 2021/22 budget to cover the first year of this agreement. Future budgets will include the contract costs in the proposed budget. Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9549 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/27/2021 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT 2021-2022 2022-2023 2023-2024 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 3 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 4 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 7 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 10 Article 7 Personnel Practices .......................................................................11 Police Officers’ Duties ................................................................................ 11 Special Duty Call Out .................................................................................. 11 Off-Duty Calls ............................................................................................. 11 Probationary Periods ................................................................................... 12 Promotional Procedures ............................................................................. 13 Establishment and Duration of Eligibility Lists ...................................... 14 Removal of Names from Eligibility Lists ................................................. 14 Appointments............................................................................................... 15 Productivity .................................................................................................. 15 Training ......................................................................................................... 15 Personnel Records ....................................................................................... 16 Residency Requirements ............................................................................. 16 Tobacco Product Usage .............................................................................. 16 Seat Belts and Safety Gear .......................................................................... 17 Off-Duty Concealed Weapons .................................................................. 17 Physical Examinations, Inoculations, and Fitness .................................. 18 Outside Employment .................................................................................. 19 Legal Protection ........................................................................................... 19 Copies of Municipal Code .......................................................................... 19 Paycheck Issuance ....................................................................................... 19 TABLE OF CONTENTS ARTICLE # TITLE PAGE # Article 7 (continued) Master Officer Designation………………………………………...19 Subcontracting………………………………………….………......20 Regular Work Hours……………………………………..……...….20 Article 8 Leaves of Absence ........................................................................ 20 Designated Holidays .................................................................................... 20 Floating Holidays ......................................................................................... 21 Vacations ....................................................................................................... 23 Sick Leave ..................................................................................................... 25 Bonus Leave Days ....................................................................................... 27 Leave Pool .................................................................................................... 27 Funeral Leave ............................................................................................... 29 Military Leave ............................................................................................... 29 Time Off ....................................................................................................... 31 Leave Without Pay ...................................................................................... 32 Article 9 Wages & Compensation ............................................................... 33 Wages ............................................................................................................ 33 Overtime Pay ................................................................................................ 35 Compensatory Time Allowance ................................................................ 36 Shift Differential .......................................................................................... 36 Standby Pay .................................................................................................. 36 Recall Pay ...................................................................................................... 37 Acting Pay ..................................................................................................... 37 Job Assignment Pay .................................................................................... 37 Canine Officers ............................................................................................ 38 Court Attendance and Standby Time ....................................................... 39 Line-of-Duty Injury Pay ............................................................................. 40 Uniform Allowance ..................................................................................... 42 Tuition Refund Program ............................................................................ 42 Article 10 Insurance ...................................................................................... 43 Article 11 Performance & Discipline ............................................................ 43 Article 12 Drug & Alcohol Policy ................................................................. 44 Article 13 Retirement .................................................................................... 45 Article 14 Seniority, Layoff, and Recall ........................................................ 46 Article 15 Duration, Modification, & Termination ...................................... 48 Appendix A Pay Schedules ..................................................................................i Page 1 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Officers bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly, peaceful and timely means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public, and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 239, dated June 24, 1976, as modified by Case No. RC-91-001 (verification of election results and modification of bargaining unit to include Police Service Technicians) and amended by Case No. AC-2003-008 (substitution of F.O.P. Lodge #10 as certified bargaining agent), which certification includes all Police Officers below the rank of Sergeant, except as modified below, and Police Service Technicians. It is understood by the parties that Police Cadets who have not yet successfully completed the State law enforcement certification exam, "non-paid police reserves," "police reserves," and "police auxiliary officers," and "part-time officers" are specifically excluded from this recognition. Part time Police Officers assigned to a public or charter schools, will serve as a law enforcement officer to the campus. These positions will follow the Pinellas County school calendar year for all designated breaks and holiday closures. Time off during these designated breaks and school closures will be without pay, the Part time Police Officer may use accrued vacation leave to supplement their pay during these unpaid breaks. The positions will be eligible for health insurance during their employment. Any paid holidays that occur during the designated breaks will not be paid, all other holidays will be paid according to this contract. Positions are not eligible to participate in the City’s pension plan but would contribute to social security. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each Page 2 voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. The parties agree to bargain proposed changes in the City's Pension Plan and changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 3. Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such right or the right to exercise them in the future. Section 4. Existing Rules A Police Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with all current and future written rules and regulations as set forth in Departmental procedures and such special and general orders and other written communications, except those which are in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended rule or regulation until such rule or regulation has been posted for at least forty-eight (48) hours. The Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct for members of the bargaining unit. The Union shall have the right to meet with the Police Chief or his/her designee to discuss the item. Page 3 ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and each replacement therefore during the term of this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly elected or appointed stewards, provided that notification has been provided in writing to the Office of the Police Chief at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the Union. Section 2. The Union likewise agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this Agreement, or otherwise in the operation of the City's Police Department. All matters relating to grievances shall be processed only through the grievance procedure as set forth in this Agreement. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Police Chief shall not be changed in an arbitrary or capricious manner. Section 2. It is understood and agreed that sworn police officers have rights and protection under the Florida Statute commonly known as the Police Officer’s Bill of Rights, Florida Statute, Sections 112.531, 112.532, 112.533 and 112.534. Section 3. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and neither the City nor the Union shall unlawfully discriminate against any such employee because of membership or non- membership in any employee organization. Section 4. The Union and its officers agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Page 4 Section 5. The City opposes any form of employment discrimination which is made unlawful under applicable State and Federal law. Any claim of discrimination by an employee against the City, its officers or representatives, shall not be grievable or arbitrable under the provisions of the Grievance Procedure contained herein, but shall be subject only to the method of review prescribed by law. Section 6. City’s Management Rights A. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, including but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services, from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and change working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for just cause; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services. B. If in the discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. C. Management shall not assign, reassign, discipline, demote, or discharge any employee of the bargaining unit in an arbitrary or capricious fashion. D. The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement upon timely request by the Union and to the extent provided by law. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement the City agrees to deduct dues owed by the employee to the Union on a biweekly basis. Prior to such deduction the Union shall provide the City with a signed statement from each employee whose dues are to be deducted in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City or to the City and the Union and shall also be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. Page 5 Upon notification from the Union as to the amount, the City shall raise the dues deduction according to the established amount provided in the Union bylaws. This Agreement applies only to the deduction of basic membership dues and uniform assessments and shall not apply to the collection of any fines, penalties or special assessments. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance or other standard or legally required deductions, are not sufficient to cover dues and special assessments, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Stewards -- The stewards of the Union shall consist of active, current sworn employees of the bargaining unit or their designee. The Union will submit a list of the elected officers, stewards, and designees to the Police Chief and shall notify the Police Chief of any changes to the list. Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union President or another steward for representation. A steward shall not investigate or otherwise handle grievances during working hours without the expressed consent of the commander on duty. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. No employee, while on duty, shall meet and discuss any issue with a steward without first receiving approval from the appropriate supervisor on duty. C. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with dues deduction. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. D. Union Time -- The Union shall be allowed up to 400 hours of time off with pay per year for the purpose of attending official F.O.P. functions, meetings or conferences. Such hours shall also be used for time spent by bargaining unit members at any meetings pertaining to the City of Clearwater where the members are specifically representing the interests of the Union. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this time shall be made in advance in writing and submitted on the proper form by one of the elected officers of the bargaining unit to the immediate supervisor of the bargaining unit member who will be utilizing the union time. The Police Chief or his/her designee will grant such time off provided that, in his/her sole and unlimited discretion, the efficiency of operation of the department will not be interfered with or impaired. Any portion of the time not used in an annual period, which shall be defined as a contract year, beginning with ratification shall be forfeited and shall not be carried forward into Page 6 the next annual period. Union time for contract negotiations may be negotiated as part of the contract ground rules. E. Union Notification Media -- The City agrees to provide space on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings or other official F.O.P. information. The Police Chief or his/her designee shall review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political campaigns. F. Rules and Regulations and Memorandums (a) The President of the Union shall be forwarded a copy of any written departmental memorandum, rule, regulation, order, or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. (b) The President of the Union or his/her designee shall be forwarded a copy of the meeting time and place of the Civil Service Board in advance of that meeting. G. Posting and Copying of Agreement – In accordance with the City’s Greenprint Sustainability Plan, the City and the Union agree that this Agreement shall be posted by the City on the City’s Launchpad and Website. H. Use of Copying Equipment -- The City agrees to allow the Union officers to use the Departmental copying equipment while off-duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b) The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c) Departmental business will of course take priority and the Union will only be allowed to make copies while the Department is not otherwise using the copier. I. The Union may designate a Civil Service Liaison officer who shall on request be relieved from duty with no loss in pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operations of the Department will be interfered with or impaired in the sole and unlimited discretion of the Police Chief or his/her designee. J. The President of the Union shall, on request, be relieved from duty with no loss in pay to attend the regular monthly meeting of the F.O.P. providing operations will not be interfered with. Page 7 K. The President of the Union or his/her designated delegate shall be provided a copy of the agenda in advance of every regular City Commission meeting. If an item appearing on the agenda directly affects members of the bargaining unit, the Union President or his/her designated representative may petition the Police Chief to be relieved from duty with no loss of pay to attend the meeting. Permission will not be unreasonably withheld. L. With prior approval and providing the department determines in its sole discretion that there will be no adverse impact to operations, the Secretary, Treasurer, State Trustee or Board Member will be permitted to attend labor meetings or the regular monthly meetings of the Lodge if they are working. However, they will be subject to call, and such meeting hours shall not be counted toward the Union time referenced in paragraph D of this Section. M. The City shall grant the Union time off without pay on request. Requests for use of this time shall be made to the affected Division Commander via the chain of command and subsequently approved by the Police Chief or his/her designee. The Department will grant such time off provided that in the opinion of the Department operations will not be interfered with. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agents or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Section 3. Should any member of the bargaining unit participate in a strike as defined in Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. Section 4. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperative efforts shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. Page 8 ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, except as exclusions are noted in other articles of this Agreement. Prior to the filing of a grievance, the employee shall meet and discuss the issue with the immediate supervisor. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance and shall be signed by the grievant. Grievances must be filed on proper forms supplied by the City and all information must be furnished, including a request for Union representation if desired at each step. The grieving party must state in writing the remedy sought to resolve the grievance. No grievance form may be amended from the original written grievance at the initial step of the Grievance Procedure. The Union agrees to deliver copies of the initial grievance filed at the initial grievance and of each successive written step of processing for the grievance to the City Manager or his/her designee within forty-eight (48) hours of its submission to appropriate official within the Police Department. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "working days" is used in this Article it shall refer to Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. The time limits for filing the grievances and processing subsequent steps in the grievance process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth hereunder shall automatically move the grievance to the next level in the grievance process. Probationary employees, including Police Recruits and Police Officers, shall not have access to the Grievance Procedure for any matter of discipline (including discharge), assignments, scheduling or access to training opportunities. Any grievance by a regular employee relating to suspension or dismissal shall be initiated at Step 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Grievances may be filed and processed by the Union except grievances of discipline which must be initiated by the disciplined employee. Page 9 As used in this Article, the term "employee" may also mean a group of employees having the same grievance. In such event, one employee shall be designated by the group of employees to act as a spokesperson and shall be responsible for processing the grievance. All employees in the group shall be identified, however only the spokesperson needs sign the grievance. STEP 1 If the issue is not resolved by the immediate supervisor, the aggrieved employee shall present his/her grievance in writing to his/her lieutenant within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. If there is no lieutenant in the employee’s chain of command, the aggrieved employee shall appeal to the next step. The lieutenant shall review the grievance and meet with the employee and an official bargaining unit Steward or other representative if one is requested. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The lieutenant shall submit a decision in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. Where the lieutenant determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not settled in the first step, aggrieved employee within ten (10) working days of the date of the answer in the first step, shall present it to the Division Head or his/her designee. The grievance shall refer to the specific section of the Agreement upon which the grievance is based and shall contain a concise statement of the facts. The grievant will not be entitled to modify or add to the specific sections alleged in his/her written grievance. The Division Head or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Division Head shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 3 If the grievance is not settled at the second step, the aggrieved employee shall, within ten (10) working days of the date of notification from the Division Head or his/her designee, present the written grievance to the Police Chief or his/her designee. The Police Chief or his/her designee shall obtain the facts concerning the alleged grievance and shall, within ten (10) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by an official bargaining unit Steward or other representative. The Police Chief or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than ten (10) working days following the meeting day. STEP 4 If still unresolved, the grievance and all responses may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was due in Step 3. At the request of the employee, the City Manager or his/her designee shall meet with the employee and an Page 10 official bargaining unit Steward or other representative if requested. The City may determine who shall meet with the employee. Within ten (10) working days, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager, it shall be deemed to have been resolved at Step 3 to the employee's satisfaction. Section 3. In the event that the grievance is still unresolved, the matter shall be submitted to final and binding arbitration as provided in this Section. A. Within ten (10) working days of the decision of the City Manager, the Union or the aggrieved party, as applicable, shall notify the City Manager of its intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, and then the other party shall strike a name. The process shall then be repeated and the remaining name shall be the arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be final and binding on both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to or subtract from the terms of this Agreement, and if the City has denied the grievance on the basis that it was not timely filed at Step 2 of the grievance procedure for individual grievances or at Step 3 for grievances which bypass the first two steps, and further if the arbitrator finds that the grievance is not timely filed, then the arbitrator shall have no power to grant relief. B. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days from the filing of briefs by the parties. C. The arbitrator shall arbitrate solely the issue presented. D. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based on the original written grievance submitted in the grievance procedure. Section 4. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which the City contends is/are not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 3 of this Article. Page 11 ARTICLE 7 PERSONNEL PRACTICES Section 1. Police Officers’ Duties A. The Union agrees that the duties of Police Officers covered by this Agreement involve the performance of general police duties. The City agrees that members of the bargaining unit shall not be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that members of the bargaining unit shall not be required to change automobile tires, except in emergencies; nor shall they be required to manually push disabled motor vehicles; however, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A. All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than 5 working days prior to that event including canine demonstrations. B. This section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Employees assigned to the Criminal Investigation Division, Patrol Special Operations section, Traffic section, Canine Team, Community Problem Response and Liaison Teams are subject to adjustments of their hours and/or days to meet the circumstances at hand. Management will give as much notice as possible when such adjustments are made but it is understood that hours must be flexible. Efforts will be made to ensure that officers are not recalled within eight (8) hours of their last shift; if unavoidable, management will inquire as to the officer’s ability to perform their duties. Officers must advise management if they are unable to do so. Section 3. Off-Duty Calls When a bargaining unit member is called by telephone by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor for departmental business solely to respond to a request for needed information, the employee shall be credited with time worked as follows: (a) If the call is eight (8) minutes or less, the employee shall be credited with one-fourth of an hour of work time. (b) If the call is greater than eight (8) minutes, the employee shall be credited with the actual time involved for work time. Page 12 (c) If the employee is called by a supervisor, member of the State Attorney’s office, or a coworker who has been directed to do so by a supervisor, and as a result of the call is required to take an official action at home on behalf of the City to obtain information, to call other employees in the line of duty, to take other action on behalf of the City, and/or subsequently to call the supervisor or other designated City personnel with a response, the employee shall be credited with actual time involved in complying with the supervisory directive. In such event, the employee shall be required to provide his/her supervisor with a full accounting of the time and work for which the employee is to be paid. (d) Employees shall be compensated for any self-generated telephone calls that are deemed appropriate and duly authorized for payment by their immediate supervisor. Section 4. Probationary Periods A. Police Service Technicians shall serve an initial probationary period of six (6) consecutive calendar months during which time the Department shall observe and review the employee's job performance, attendance, attitude and adherence to Departmental and City requirements. If during the initial probationary period, or at the end of such period, the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial probationary period extended at the discretion of the Police Chief or his/her designee or may be separated by the City. The employment status of an employee whose probationary period is extended shall remain the same as that during the initial probationary period. An employee who is separated during or at the expiration of the initial probationary period or any extension thereof shall have no right to a grievance under this contract. The City shall present to the employee reasons for separation in such event. In the event that the employee was previously a certified City employee who was promoted, said employee may have his/her promotional probationary period extended, or may be returned to his/her former position provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position at the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated and have his/her name placed on a re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. B. Police Officers, from the date of promotion or appointment to the classification of "Police Officer," shall serve an initial probationary period consisting of the time required to successfully complete the Field Training Officer Program and an additional twelve (12) consecutive calendar months following the successful completion of the Field Training Officer program during which time the Department shall observe and review the employee's job performance, attendance, attitude, and adherence to Departmental and City requirements. Page 13 If, during the initial or promotional probationary period or at the end of such period the Department determines that the employee fails to meet and/or adhere to requirements or is unfit and/or otherwise unsatisfactory, said employee may have his/her initial or promotional probationary period extended or may be separated by the City. The City shall present to the employee reasons for separation in such event. An employee who is separated during or at the expiration of the probationary period shall have no right to a grievance under this contract. A City employee who has been previously certified under Civil Service rules in another classification and who is promoted to Police Officer and subsequently fails to satisfactorily complete the promotional probationary period as a Police Officer may have his/her promotional probationary period extended, or may be returned to the former non-police City position which the employee previously held as a certified employee provided the position is still vacant and with the approval of the former Department Director, or may be re-assigned to another position of the same or lower level for which the employee is determined to be qualified, or if none of the above may be separated by the City and placed on the re-employment list for the former position. However, if such employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not have his/her name placed on a re-employment list. Section 5. Promotional Procedures A. All non-probationary Police Officers who have completed five years of service as an Officer in the Clearwater Police Department shall be eligible to compete for the position of Police Sergeant and all non-probationary Police Service Technicians shall be eligible to compete for the position of Police Service Technician Supervisor, provided they have satisfied the minimum qualifications as established by the City Manager/designee. B. The minimum educational requirement for promotion to Police Sergeant shall include a two- year degree, or the equivalent credit hours from an accredited college or university. C. The promotional eligibility process for Police Sergeant will consist of an evaluation of established criteria which may include a written examination, oral interview, education and prior experience, specialized assignments, performance evaluations, prior disciplinary actions, seniority, or other factors as determined by the Police Chief. Such criteria shall be noted on the announcement of each eligibility determination process, and shall be weighted and scored to obtain a final eligibility rating for each candidate. The promotional process for Police Service Technician Supervisor shall be based upon an evaluation of the education and experience of the candidates as detailed in a written Training & Experience questionnaire. D. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B of that Section. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this or other applicable Agreement. Page 14 Section 6. Establishment and Duration of Eligibility Lists The promotional eligibility lists for Police Sergeant and Police Service Technician Supervisor shall be established each time an opening exists. Names of candidates shall be placed on the Police Sergeant eligibility list in order of the final eligibility rating determined by the established evaluation process, and names of candidates shall be placed on the Police Service Technician eligibility list in alphabetical order of all persons who have been determined to meet the minimum eligibility criteria. The City shall not be required to prepare a promotional eligibility list solely because there is not an available list, unless there is a current opening. Section 7. Removal of Names from Eligibility Lists Names of eligibles shall be removed from the appropriate Eligibility List by operation of any of the following: (a) Appointment through certification from such list to fill a permanent position. (b) Written statement by the eligible that he/she is not willing to accept appointment. Such statement may be restricted to a limited period of time if based on reasons satisfactory to the Human Resources Director. (c) Declination of appointment when appointment is offered by the Police Chief or City Manager/designee. (d) Separation from the City service of an employee on a promotional list. (e) Disability that prevents the eligible from performing satisfactorily the duties of the position. (f) Removal from the employment area designated by the City when such residence is required as a condition of appointment. (g) Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. (h) Names of eligibles may be removed from the Eligibility List if the City deems that the eligible willfully or knowingly gave wrong information, withheld information, or evaded in responses relating to his/her employment background, training, education, or character. (i) Any examinee who divulges to any other person information relating to questions and/or materials contained in a test will be subject to disqualification from the Eligibility List and to discipline. (j) Written statement by the eligible indicating that he/she no longer wishes to remain on the Eligibility List. Page 15 Section 8. Appointments Selection from the Eligibility List shall be at the sole discretion of the Police Chief. Selection criteria shall be developed and may include such factors as ranking on the eligibility list, demonstrated job performance, aptitude, capacity, knowledge, character, or other qualifications. Such selection criteria will be announced at the time candidates are advised that a selection process will be conducted. An eligible who has been interviewed for an opening need not be interviewed again for a period of two years unless the eligible requests such. The department shall counsel with any eligible who is not selected for promotion upon the request of the employee. The City and Union agree that this Section may be reopened during the period from October 1, 2021 to September 30, 2024 for the purpose of negotiating mandatory subjects of bargaining related to the promotional selection process only. If this Section is reopened and the parties are unable to reach agreement, the existing language and related process shall be maintained as the status quo, and shall not be subject to the impasse procedure. Section 9. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 10. Training Notification of schools, training, and career development courses which the Department determines appropriate will be made available to all bargaining unit members in sufficient time for officers to make application for attendance. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. The department will select officers for attendance using these criteria: (a) Ability of the officer as shown in performance evaluation. (b) The officer's duties and assignments (past, present and future). (c) Seniority in the department. (d) The officer's demonstrated interest. (e) Available personnel and staffing needs of the Department. (f) The amount of prior training received. Page 16 All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless (1) attendance at the training is voluntary and (2) the training occurs outside the employee’s regular work hours and (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Fair Labor Standards Act. All City sponsored mandated training will be compensated as day for day regardless of the shift the employee is assigned. Employees currently assigned an eight (8) hour shift will be compensated for the eight (8) hours worked for the training day. Employees currently assigned to a ten (10) hour shift will be compensated for the eight (8) hours worked for the training day and be allotted two (2) hours of administrative time. Employees currently assigned to a twelve (12) hour shift will be compensated for the eight (8) hours worked for the training day and be allotted four (4) hours of administrative time. It is understood that the amount of administrative time allotted will be considered non-sweat hours worked. Section 11. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to the public pursuant to a request therefore, such information shall be released in accordance with Florida Statutes governing public records. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 12. Residency Requirements Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County and Hillsborough County from the western boundary eastward to Interstate 75. When response times are an operational factor in special duty assignments, the Police Chief may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Police Chief to reside outside the specified area. Violation of this provision shall be just cause for discipline. Section 13. Tobacco Product Usage Sworn employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. Police Service Technicians hired on or after October 1, 1991, are prohibited from smoking or chewing any form of tobacco product, both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit Page 17 members will comply with the City’s Tobacco Product Usage Policy. Violation of this provision shall be grounds for discipline. Section 14. Seat Belts and Safety Gear All employees are required to wear seat belts when driving or riding as a passenger in City vehicles or in a personal vehicle on City business, except in cases of operational necessity or when a City car does not have available seat belts. Employees are further responsible for attempting to secure compliance with the required use of seat belts by all other occupants in any vehicle they are driving (City or personal) when on City business. All officers will be issued body armor (bullet resistant vest). All officers shall wear the body armor at all times while in any police uniform with the exception of the Honor Guard uniform. All other officers will have the body armor readily available while on duty. No employee will be placed on patrol duties or hazardous assignments (e.g. search warrants, SWAT operations, ERT operations, etc.) until body armor has been issued. Section 15. Off-Duty Concealed Weapons An off-duty officer shall have the right to carry on or about his/her person a concealed weapon, provided that such officer has met departmental qualification standard for the firearm, that such firearm has been duly approved by the Department, and that such firearm is periodically inspected by the Department or other qualified armorer if such firearm is not issued by the Department. This weapon may only be used to perform law enforcement functions. Any officer wishing to carry an off-duty firearm for which the Department armorer is unqualified to perform maintenance will be authorized to carry the firearm provided that the firearm is otherwise approved and that the officer provides at his/her own expense an annual certification to the Department that the firearm has been inspected and approved by a qualified armorer. Only hand guns of the caliber listed below shall be approved for off-duty use: .380; 9mm; .38; 357 magnum; 10mm; .40; .41; .44; and .45. Officers who are temporarily assigned to Department approved undercover assignments other than full-time Detective assignments may carry their Department issued firearm or a personally owned “off-duty” firearm provided that the Officer has met the Department’s qualification, inspection, and any other requirements for off-duty weapons as defined herein and in accordance with Department policy. Officers shall carry only ammunition approved by the Department armorer in both their on- duty and off-duty firearms. The Department will provide ammunition for on-duty use, qualifying, and open range day only for Department issued firearms or for Department authorized off-duty firearms of the same caliber as the Department issued firearms only. It will be the officers' own responsibility to provide ammunition for any other approved caliber, including training ammunition. Page 18 Section 16. Physical Examinations, Inoculations, and Fitness A. The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. Police Officers are required to undergo an annual physical examination as determined by the Police Chief. Physical examinations shall be in accordance with current medical guidelines that are gender and age specific. The physical examination will be performed by Life Scan Wellness Center. The cost of the Life Scan Wellness Examination will be paid by the City. The employee shall provide the Department a “Fitness for Duty Report” from the Life Scan Wellness Physician which shall include, but not be limited to, the specifics of any heart related condition including preventive care recommendations. B. In the event that the Department determines that an officer requires an inoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or inoculation will be made available to the members of the officer's household. C. Proof of the exam must be submitted prior to the employee’s annual performance evaluation date. D. Employees may schedule said physicals while on duty. It is the employee's responsibility to ensure that the physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift. However, evening and night shift employees shall be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. The employee will be permitted to flex the actual time required to complete the physical. E. The parties agree that the physical condition of the employee is of great concern to the employee and to the City. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be advised by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. The Life Scan Examination will not be used as the sole justification for a fitness for duty examination. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. E. The City and the Union may mutually agree to reopen negotiations to discuss monetary incentives for physical fitness. Page 19 Section 17. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service Rules & Regulations and the Departmental Rules and Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon the mutual agreement of the parties. Section 18. Legal Protection The City agrees to defend any member of the bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111 and 768 FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to members of the unit upon request. Section 20. Paycheck Issuance Pay advice shall be available on the same day that the pay advice is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Employees shall have an option to opt out of receiving a paper pay advice and accessing it online. Employees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided 14 days written notice is given to the City’s payroll division. Section 21. Master Officer Designation The City and Union agree that this Article may be reopened during the period from October 1, 2021 to September 30, 2024 for the purpose of negotiating mandatory subjects of bargaining related to the development and implementation of a Master Officer designation only. If this Article is reopened and the parties are unable to reach agreement, the existing language shall be maintained as the status quo, and shall not be subject to the impasse procedure. Page 20 Section 22. Subcontracting The City agrees that for the period from October 1, 2021 through September 30, 2024, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Officer’s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Section 23. Regular Work Hours Employees classified as a Police Service Technician or Police Service Technician Supervisor excluding those assigned outside the Telephone Reporting Unit are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked pay for up to the first seven minutes and fifty-none seconds after their appointed starting time. Employees will not be paid for periods of work performed in increments of seven minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who work eight minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/4 hour for all such time. ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be ten (10) paid holidays. They shall be: New Year's Day January 1 Martin Luther King Day Federal Holiday President's Day Federal Holiday Memorial Day Federal Holiday Juneteenth June 19 Independence Day July 4 Labor Day Federal Holiday Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 The City shall permit the use of bargaining unit seniority within existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. This applies to all bargaining unit employees. Page 21 If an employee is scheduled to work on a holiday, the employee’s scheduled shift must have the majority of hours on the actual scheduled holiday to receive holiday pay. Additional time worked immediately preceding or following the holiday shift does not determine holiday pay. B. In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged for the vacation leave. C. In the event that one of the above named holidays occurs while an employee is on paid sick leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick leave pay for that day. In the event the employee is on sick leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D. Employees who work eight (8) hours or more on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E. An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an officer's regular day off, 8-hour, 10-hour, and 12-hour officers are paid eight (8) hours holiday pay. Both types of employees have worked 40 hours and are paid 48 hours – a full week plus one (1) holiday. F. Floating Holidays: In addition to the designated holidays above, employees shall be entitled to up to four (4) floating holidays as herein provided. Neither the holidays listed in paragraph (A) above nor any day for which an employee is not scheduled to work may be selected as a floating holiday. Floating holidays shall be subject to the following requirements and conditions: (a) No employee may utilize floating holidays until thirty (30) calendar days after his/her employment. (b) During the first year of hire, floating holidays shall be prorated on a quarterly basis in accordance with the following: Date of Hire Floating Holidays Awarded January to the end of March 4 April to the end of June 3 July to the end of September 2 October to the end of December 1 (c) Floating holidays must be taken in full-day increments and may not be carried over from one payroll calendar year to another, and if not taken are forfeited except as provided in paragraph (d) below. Page 22 (d) An employee may elect to take one or more floating holidays for which he/she is eligible (and has not taken or scheduled) as a cash stipend. The employee will be paid eight (8) hours for each floating holiday for which the employee makes this election. (e) Floating holidays are scheduled at the mutual convenience of the employee and the Department. G. Pay procedures regarding specific situations as related to holidays follow: NOTE: Officers cannot take leave time (comp time, vacation, sick leave, etc.) in lieu of a holiday. An officer normally scheduled to work the holiday, must take the day as a holiday. If an officer calls in sick when scheduled to work, the officer shall receive holiday pay (8 hours for the 5/8 employee, 10 hours for the 4/10 employee, and 12 hours for the 12-hour employee) and shall not be charged sick leave. (a) Procedure when holiday falls on officer's scheduled work day but officer takes the day off: Pay eight (8) hours holiday pay for the 5/8 shift, ten (10) hours holiday pay for the 4/10 shift, and 12 hours for the 12 hour shift.. All are employees are paid for a regular work week -- a standard work week minus one work day plus one day holiday. (b) Procedure when holiday falls on officer's scheduled work day and officer works the day: Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. (c) Procedure when holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of officer): Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. Whether the overtime hours are straight overtime or premium overtime is determined by the total "sweat" hours paid for the work week. There is no extra holiday pay for hours worked over the basic shift. (d) Procedure when holiday falls on officer's scheduled work day and officer takes part of the day off: Employees on 5/8, 4/10, and 12 hour shifts receive eight (8) hours of holiday pay. Employee is paid regular hours for hours worked. A Police Officer who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. (e) Procedure when holiday falls on officer's regular day off, but officer works overtime: Employees on 5/8, 4/10 and 12 hour shifts receive eight (8) hours holiday pay. The overtime hours are turned in as overtime. Whether the overtime is straight overtime or premium overtime is based on the total hours worked in the work week. (f) Procedure when premium holiday falls on officer's scheduled work day and employee works his/her scheduled day: Employee receives 2-1/2 times regular pay for all hours worked. Page 23 (g) Procedure when premium holiday falls on officer's scheduled work day and officer works "overtime" (time beyond the normal daily schedule of the officer): Employees receives 2- 1/2 times regular pay for all hours worked. (h) Procedure when premium holiday falls on officer's scheduled work day but officer takes part of the day off: If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay. If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay plus all hours worked at the regular rate of pay. (i) Procedure when premium holiday falls on officer's regular day off but officer works overtime for a special detail: If the employee works less than eight (8) hours, he/she is paid eight (8) hours holiday pay at the regular rate of pay and all hours worked at the rate of pay as determined by overtime calculations. (If the employee works eight (8) hours or more, all hours worked are paid at 2-1/2 times regular pay.) NOTE: In case of a premium holiday, the 2-1/2 times regular pay rate does not apply unless the employee works eight (8) hours or more on the holiday. Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall be accrued on an hourly basis and will be pro-rated according to hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Hourly Accrual Vacation Hours 0 .0385 0 1 - 2 .0385 80 3 .0424 88 4 .0462 96 5 .05 104 6 .0539 112 7 .0577 120 8 - 10 .0616 128 11 .0654 136 12 .0693 144 13 - 14 .0731 152 15 – 19 .077 160 20 & Over .0808 168 2. The vacation year shall be the payroll calendar year. B. Use of Vacation Leave 1. The use of vacation leave shall be authorized in accordance with Police Department Regulations. Page 24 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation in increments of tenths of an hour. 3. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. 4. The borrowing of vacation time prior to its accrual is prohibited. 5. There is no advancing of vacation pay. 6. An employee must be employed for six (6) months prior to requesting the use of vacation leave. 7. Compensatory time off may be taken in conjunction with a regular vacation if authorized. C. Maximum Accrual of Vacation Leave 1. The maximum amount of vacation leave that may be accumulated is 320 hours. 2. In a payroll calendar year, employees who have used at least forty (40) vacation hours may receive up to eighty (80) hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 125 hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on the annual evaluation. The employee must make a written request to the Payroll Preparer on or before November 15 to receive the eighty (80) hours of regular pay in the payroll period which includes December 1. D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill for more than three (3) consecutive days, while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave provided the request is consistent with Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave Page 25 Payment of unused vacation leave will be paid upon voluntary separation of the employee up to a maximum of 320 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Section 3. Sick Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the last pay period for the last pay check in the calendar year. A. Sick Leave Accrual Employees shall accrue sick leave each payroll period based on hours in a paid status. Employees shall accrue .0462 hours of sick leave on an hourly basis. (i.e., An employee on a forty-hour work week earns twelve (12) days per calendar year.) B. Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another department or classification. 3. Sick leave balances are converted to equivalent days if an employee changes to a different hourly work week. (i.e., Forty-hour work week to thirty seven and one-half hour work week, and vice versa.) 4. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave Sick leave may be authorized in increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. Page 26 4. Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse, or other permanent member of the “immediate household” living together as family. F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time; the specific reason, and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2. Failure to do so may be the cause for denial of sick leave and other disciplinary action. G. Payment for Unused Sick Leave Upon separation from the City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours, provided: 1. That the rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The hourly rate will be adjusted in accordance with base biweekly pay if the employee is on a work schedule other than forty (40) hours per week. 2. The employee if sworn has had at least twenty (20) years of continuous service with the City; or if not sworn retires on City Pension, is involuntarily separated (including disability or layoff), or retires under Federal Social Security with a minimum of five years service. Leaves of absence without pay, suspensions, and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employees are receiving Workers’ Compensation shall not be deducted from continuous service. 3. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs. 4. The employee’s estate shall receive payment if an employee dies. 5. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave or who attempts to utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment may be suspended or terminated. Page 27 I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight, Ten, or 12-Hour Shifts Zero Time 2 Eight, Ten, or 12-Hour Shifts More than zero time but less than 2 days 1 Combination of Eight, Ten, and 12-Hour Shifts More than zero time but less than 2 days combined as: • 2 Eight-hour days • 2 Ten-hour days • 2 Twelve-hour days • 1 Ten-hour day and 1 Eight-hour day 1 1. Bonus Leave Days must be used in full day increments. 2. Bonus Leave Days are not included in overtime calculations. 3. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. 4. Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4. Leave Pool A joint leave pool will be established by members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors' bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- Page 28 connected, or serious illness or injury to a family member covered under the sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. 1. The committee shall consist of two (2) members designated by each bargaining unit, and one member designated by the other four members. 2. The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this section. 3. The committee's decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. C. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year. 1. No employee shall be permitted to donate more than four (4) days of leave per year to the pool. In the event that the number of days in the leave pool becomes less than fifty leave days, the committee may open up the opportunity for additional donations to be made during the calendar year. The 4-day donation limit shall not be modified. 2. All donations of pool leave time must be in full-day increments based on the employee's full- time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). 3. Donations of pool leave time are irrevocable. 4. No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. D. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool within the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. E. When pool leave time is authorized by the committee for use by an employee, it shall be on a day- for-day basis, irrespective of whether the employee works an eight-hour or ten-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of the 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. Page 29 F. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 5. Funeral Leave Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick leave time in the event of death in the "immediate family." Death in the "immediate" family shall be defined as a death of a spouse or domestic partner of record, as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster-child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild. This is not chargeable to sick leave. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the "close" family chargeable to sick leave. "Close" family shall be defined as the following family members: stepbrothers; stepsisters; brother's wife; sister's husband or other member of the employee’s immediate household. Additional time, chargeable to sick leave, may be granted with the approval of the Police Chief. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her, and on completion thereof be reinstated in the City service in accordance with the following regulations: A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by Federal Law: 1. For inductees, the minimum period of time required to be served. 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served. 3. For reservists, the minimum period of time required to be served. B. For the purposes of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force and Coast Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. Page 30 C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to position or to a position of like seniority, status and pay; or 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event no vacancy exists in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examination for promotion after return that he/she would have been eligible to take had he/she not been on military leave, and shall be required to complete any uncompleted period of probation. No grievance shall be filed or processed by any other employee or the Union in connection with this paragraph. 6. The employee shall submit to such medical and/or physical examinations as the City Manager shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the City Manager shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. E. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in these Rules and Regulations, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. Page 31 F. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. G. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall be granted for the minimum period necessary to comply with such order, but shall in no case exceed two (2) regularly scheduled work days. H. For required active or inactive training duty as a member of a Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for required military reserve training in excess of 240 hours per calendar year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated for by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. Failure to provide timely notice of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. I. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons: 1. For participation in Police promotional examinations held by the City or other examinations required by the City when such time off does not, in the judgment of the Police Chief, interfere with or impair the operations of the Department. 2. For serving on a jury. The employee may be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, or meetings. Employees who wish to voluntarily attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be limited to the actual time spent in training up to the number of hours in the employee’s standard workweek. Employees shall be compensated in accordance with provisions of the Fair Labor Standards Act for time spent in training beyond the number of hours in the employee’s standard workweek when such time has been duly authorized in advance by the Department. Page 32 4. When directed by the City Manager or Police Chief to attend in-service training or other in- service meetings, including authorized safety meetings. B. An employee may be granted time off without compensation for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefore, and further provided that such time off will not affect the efficient operation of the department in the sole and unlimited discretion of the Police Chief or his/her designee. C. With the prior approval of the Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, of employees or their wives or husbands, or military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to two designated Honor Guard members, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Section 8. Leave Without Pay A. A regular employee may on written application therefore, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1. The physical or mental disability of the employee. 2. The employee has announced his/her candidacy for public office. 3. The employee is entering upon a course of training or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service. 4. Extraordinary reasons, sufficient in the opinion of the City Manager to warrant such leave of absence. 5. In accordance with the Family and Medical Leave Act, eligible employees may take up to twelve (12) weeks of unpaid, job-protected leave to care for a newborn child, newly adopted child, or child with a serious health condition. Eligible spouses who work for the City are subject to the combined limitation of twelve (12) weeks as set forth in the Family and Medical Leave Act. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for more than six (6) months but may under the provisions of paragraphs above be renewed upon written application therefore by the employee and approved by the City Manager. Page 33 2. An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of the leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3. In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the re-employment list for the class or position nearest approximating that in which he/she was employed immediately prior to such leave, provided he/she is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same re-employment list, the names shall be arranged in order of City seniority. Time off with compensation taken under any of the provisions of this Agreement (including vacation and sick leave) shall not be required to be made up. ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay schedule increases shall be as follows: Police Officers Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Police Service Technicians and Police Service Technician Supervisors Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Page 34 Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Step 9 – At the end of one year of satisfactory service in step 8. Step 10 – At the end of one year of satisfactory service in step 9. Step 11 – At the end of one year of satisfactory service in step 10. Step 12 – At the end of one year of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2.5% increase for each step advancement from Step 6 through Step 12. Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement at the beginning of the payroll period which includes their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement at the beginning of the payroll period which includes the date of the three month follow-up review. Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follow-up rating is still less than satisfactory, the employee shall be reevaluated in another three months, and if then rated satisfactory shall be granted a merit step advancement at the beginning of the payroll period which includes the date of the second three- month follow-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follow- up review rating is still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B. Effective for the beginning of the payroll period that includes October 1, 2021, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2021 through September 30, 2022, employees shall advance in Step as provided in Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Effective for the beginning of the payroll period that includes October 1, 2022, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2022 through September 30, 2023, employee shall advance in Step as provided in this Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Effective for the beginning of the payroll period that includes October 1, 2023, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2023 through September 30, 2024, employee shall advance in Step as provided in this Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Any further step advancements after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. Page 35 Pay ranges in Appendix A shall be updated to reflect the general wage increases as defined in 1B. C. Lateral Entry for New Hire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two years of verifiable experience at a prior agency up to a maximum lateral entry of step three. All lateral entry Officers would continue to be eligible to receive negotiated general wage increases while in a step. Section 2. Overtime Pay A. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. If a regularly scheduled work day is to be canceled, the employee must be notified by the end of his/her tour of duty immediately preceding the scheduled work day to be canceled. No regularly scheduled work day will be canceled for the sole purpose of avoiding overtime pay. Employees shall be paid for all hours actually worked. The City shall pay overtime at the rate of time-and-one-half for all hours actually worked in excess of 40 hours in any one work week. An authorized FLSA exception are 12-hour shifts. FLSA provides for an 84-hour, 14 day work period. Overtime accrues for hours worked in excess of 84. Overtime: Overtime will be paid for time worked in excess of 84 hours during the 14 day work period. Sick or Vacation time utilized during the same 14 day period will cause time worked in excess of 84 hours to revert to straight time as is the current practice for the 40 hour work week. (Overtime accrual in excess of 84 hours exceeds the FLSA requirement). In the event 12 hour shift were to be implemented anywhere other than District I, the Pitman schedule would be utilized as has been the practice in District I. C. Hours for which an employee is paid as a result of holidays, sick time, vacation and similar periods of nonproductive time shall not be considered as time worked for the purpose of computing overtime pay, except as otherwise provided in this Agreement. D. The work week shall be from Saturday through the following Friday. All hours for shifts that begin on one work day and end on the next work day shall be counted on the work day where the majority of the hours for the shift fall. When shift hours are evenly split between two work days, all hours for the shift shall be counted on the work day the shift begins. E. An employee may be required to work overtime if, in the sole and unlimited discretion of the Police Chief or his/her designee, the employee’s services are deemed necessary. Page 36 Section 3. Compensatory Time Allowance Employees will be provided the opportunity to request to be granted compensatory time, in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Major or other employee’s appropriate supervisor. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time at separation from City service. Section 4. Shift Differential A bargaining unit member shall be entitled to shift differential pay as set forth in this Section. A. For purposes of computing shift differential pay the following shift series and payments are established: Shift Series No. Hours Payment Per 14-Day Period 100 2400-0700 10% 200 0700-1600 0% 300 1600-2400 5% The payments shall be computed as a percentage of the employee's base pay, including his/her merit and longevity step. B. An officer's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer's shift. Any employee working 12-hour shifts would receive the 10% differential if assigned to a team designated as night shift. Temporary shift or duty assignments of less than twenty eight (28) calendar days shall not entitle an officer to shift differential pay. Employees in the bargaining unit assigned for initial or remedial training under the FTO program shall not be entitled to shift differential pay. C. Shift differential pay shall be paid to any officer regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Section 5. Standby Pay An employee assigned to standby will receive a flat fee of: $50.00 per night, Monday through Friday $100.00for Saturday $100.00for Sunday Page 37 Only the Police Chief or his/her designee may place an employee on standby. This Section will also apply to all Telephone Alert situations. Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or compensation day, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, or response to a lawful order for which the employee can be disciplined for his/her failure to comply. This specifically excludes court appearances. Efforts will be made to ensure that officers are not recalled within eight (8) hours of their last shift; if unavoidable, management will inquire as to the officer’s ability to perform their duties. Officers must advise management if they are unable to do so. Employees will be paid for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked in lieu of the rescinded vacation time. An employee’s vacation balance will not be charged for any time actually worked. Section 7. Acting Pay If a Police Officer or Police Service Technician serves in a higher capacity on an acting basis for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), said employee shall receive acting pay retroactive to the date the assignment began. When a Corporal serves in an acting capacity as a Sergeant for more than two consecutive complete payroll calendar work weeks as specified above, Corporal Job Assignment Pay shall cease and Acting Pay shall begin. Acting pay is five percent (5%) above the employee's base salary. Section 8. Job Assignment Pay A. Police Officers who are assigned to the Office of the Chief, Criminal Investigations Division, Support Services Division, Corporal, Canine, Community Policing Squads, Traffic Section, School Resource Officer or the Field Training and Evaluation Program shall be provided 5% above the employee’s current base rate of pay. Officers assigned to the Field Training and Evaluation Program on a part-time basis shall be provided 5% above the employee’s current base rate when training a recruit. Police Service Technicians and Police Service Technician Supervisors who are assigned Field Training shall be provided 5% above the current base rate of pay for any hours they are assigned to act as trainers in a formal training capacity. B. Police Officers who are assigned as, Mobile Command Center operator, Sex Crime Investigator, or Traffic Homicide Investigator, shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2021 through September 30, 2024– $25 per payroll period. Page 38 Police Officers who are assigned to SWAT Team shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2021 through September 30, 2024– $40 per payroll period. Police Service Technicians who are assigned outside of the Telephone Reporting Unit for more than ten consecutive work days shall be provided with the following amounts in addition to the employee’s current base rate of pay: October 1, 2021 through September 30, 2024- $50 per payroll period. C. An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. In such case, the employee shall receive the amount of the greater assignment pay differential for each category concerned. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. Job assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Section 9. Canine Officers A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B. Advance approval shall be required from the appropriate Police Captain or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C. No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited Page 39 to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2021 through September 30, 2024, an allowance of $125.00 per month shall be provided to each canine officer for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court Attendance and Standby Time Any employee who is subpoenaed or otherwise required to appear for a remote video deposition or other court proceeding by remote video conference as the result of a matter arising out of the course of his/her employment shall receive payment for the greater of a minimum of one (1) hour or actual time worked if such attendance is during the employee’s regularly scheduled time- off. The start time will begin at the time scheduled on the subpoena and end at the conclusion of the deposition or court proceeding. This provision does not apply if the video conferencing requires the employee’s physical appearance at the State Attorney’s Office, Public Defender’s Office, private attorney’s office, or Driver’s License hearing. Any employee who is subpoenaed or otherwise required to appear in county or circuit court, as the result of a matter arising out of the course of his/her employment shall receive payment for the greater of a minimum of three hours or actual time worked if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time-off, he/she will receive payment for the greater of a minimum of two hours or actual time worked. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required schedule work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. In all instances of court appearances scheduled less than three hours prior to an employee's tour of duty, the employee will be deemed to have started work at the time indicated on the subpoena and will be paid for all hours worked in excess of eight hours. In all cases, the employee will be responsible to inquire of the department designee between 1600 hours of the day preceding and 0700 hours of the date of the scheduled court appearance so as to ascertain the status of the case and receive instructions. Page 40 An employee will go on standby status as of the date and time required by the subpoena if he/she is subpoenaed to appear in county or circuit court as the result of a matter arising out of the course of his/her employment, provided that this is agreeable to the court and to the attorney requesting his/her presence. An employee on standby under the provisions of this Section will receive straight time pay for each hour spent on standby with a minimum of three hours pay. The three-hour minimum does not apply if prior to the end of the three-hour period: 1. The employee reports for duty. Standby pay stops at the time the employee reports for duty. 2. The employee shall be notified via email or telephone as determined by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. 3. If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three (3) hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms and conditions: (a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workers' Compensation Law. (c) The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty compensation supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. (Changes in workers' compensation law will modify this paragraph accordingly.) Page 41 (e) The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line of duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on active status. Any time taken off for follow-up doctor visits or therapy due to a line-of-duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Workers' Compensation Law shall control. (g) The City will provide line-of-duty compensation in the amount necessary to supplement funds received from the Florida Workers' Compensation Law in order to equal the employee’s regular rate of pay with no charge to the employee's accrued paid leave when an employee with less than three (3) years of service is injured on the job to the extent that such employee misses scheduled work time. Such line-of-duty compensation shall be provided for a period not to exceed ninety (90) calendar days during the first year of employment for each specific injury; sixty (60) calendar days during the second year of employment; and thirty (30) calendar days during the third year of employment. (h) Line-of-duty injury pay will be provided from the first day of injury for those defined in (g) above; however the amount paid shall be only that amount required to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plans provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall approximate the differential needed to equal the employee's base pay and shall provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury. Any adjustment to the City's line-of-duty injury pay under this policy will be made following the employee's return to work or at the expiration of the period for which line-of- duty injury pay is provided. (i) Line-of-duty injury pay shall not be provided to any employee after the third year of employment. Following the time limits prescribed for the provision of line-of-duty compensation in paragraph (g) above, employees shall be required to utilized accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. Page 42 (j) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (k) Failure to report a line-of-duty injury to the employee's immediate supervisor or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under this Article unless such failure to report was: (1) caused solely by and as a direct result of the employee's injuries, or (2) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. (l) Any provision of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniform Allowance A. The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment. B. Police Officers who work outside the Patrol division and who are not provided the standard issue of uniforms or other clothing by the department shall receive a clothing allowance of $900 each year for Fiscal Years 2021/2022, 2022/2023, and 2023/2024. The clothing allowance shall be paid quarterly to the applicable bargaining unit members who are actually assigned and working on the quarterly dates specified in the Department’s General Orders. C. The City shall provide each sworn officer with a bulletproof vest, provided that the officer so requests; provided, however, that it shall be just cause for disciplinary action if an officer provided a vest does not wear it while on duty. D. Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $1,700 for the period from October 1, 2021 through September 30, 2024. However, the City shall reimburse up to $2,000 annually for tuition fees of approved courses in a Master’s Degree level program. Page 43 ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater union representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as would be required to formulate such a benefit package and to cooperate with the Union to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1st, 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her initial or extended probationary period shall be demoted, suspended, or dismissed without just cause. New hire employees in the initial probationary period have no right of appeal of disciplinary action under this Agreement. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time a meeting may lead to disciplinary action. The employee or city may refer to the employee’s entire work history and the outcomes of similar discipline cases involving the employee or other employees of the same bargaining unit when opposing or supporting discipline. Section 2. An employee may also be issued a non-disciplinary “Letter of Reprimand” by his/her Division Head. Prior to a Letter of Reprimand being placed in an employee's file, the employee will have the right to confer with the Division Head regarding the proposed Letter of Reprimand. The Letter of Reprimand will be retained in the employee’s Department file for the period Page 44 of time specified by State of Florida public records laws and may only be used for future disciplinary action during that period (generally 3 years).. Section 3. Performance, behavior management, and disciplinary procedures shall be outlined in the Police Department SOP’s and General Orders. The City and Union agree that any system of discipline or performance management should be continually reviewed for its effectiveness and may be modified from time to time to better meet the needs of the City and its employees. Any changes will be consistent with sound personnel practice. The Union will have the opportunity to provide input when changes are being considered by the City. The Union’s refusal to participate in meetings or to provide input does not alter the City’s right to change the process. The Police Department and the Union will continue the practice of Labor/Management meetings to resolve these types of issues. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Police sworn supervisors are trained to recognize the symptoms of drug abuse, impairment and intoxication. Section 3. City’s Drug and Alcohol Program Policy A. The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and “safety-sensitive” employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Page 45 Section II, E. 2. Section II, E. 4. Section 4. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1. The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood samples shall be drawn or collected at a city-designated facility. 3. All testing shall be done by a laboratory certified by NIDA. 4. The standards listed in the City’s Anti-Drug and Alcohol policies shall be used to determine what levels of detected substances shall be considered as positive. B. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. C. In the event that a Vice & Intelligence officer is required as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT The City and the Union agree that prior to retiring, an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. During the period of “retirement advancement” the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. Page 46 ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Employees shall not accrue seniority while in their initial probationary period. After successful completion of the police officer's initial probationary period, seniority will revert to date of employment on a full-time basis as a Police Officer and shall be called Police Officer bargaining unit seniority. It is understood by the parties that for employees hired as Police Recruits prior to October 1, 2003, time spent in the Police Recruit classification shall also count toward bargaining unit and City seniority. After successful completion of the Police Service Technician's initial probationary period, seniority will revert to date of employment on a regular basis as a Police Service Technician. Such seniority shall be called Police Service Technician bargaining unit seniority. Bargaining unit seniority within each of the aforementioned bargaining unit seniority groups shall be utilized within the respective groups to determine vacation, designated Holiday, and floating holiday selection and as a factor should layoffs be required. Notwithstanding the above, the Department shall have the right to temporarily assign Police Service Technicians to work on a shift not consistent with their shift selection where the employee has had specific cross-training and a need for temporary fill-in work in another job area is required (e.g. court liaison). Section 2. No new employees shall be hired in a job classification within the bargaining unit until all employees on layoff in that job classification have been given an opportunity to return to work at their original seniority date and positions; provided that after one (1) year of layoff the employee shall cease to accrue seniority, and that such re-employment rights shall cease after two (2) years from date of the layoff. Section 3. Officers shall be permitted to bid shift assignments by bargaining unit seniority, but the Department reserves the right to ensure that officers assigned as corporals, officers with specialized skills, or officers in any phase of the FTO program including senior officers transferred from another Division requiring retraining are appropriately deployed among the shifts, and to ensure that Police Officers who are still on probation are distributed relatively evenly among the shifts. The Department reserves the right to designate no more than four teams as field training (“FTO”) teams which shall be distributed evenly between the East and West Districts. Bargaining unit members who are selected for FTO assignments shall be permitted to bid among themselves by bargaining unit seniority for such assignments. Officers on extended leave due to illness or injury shall be required to submit documentation from a medical doctor denoting a specific return to work date within the applicable shift period or shall be excluded from the bid process for such shift period. The Police Chief may reassign any officer when such reassignment is in the best interest of the Police Department. Section 4. An employee shall lose his/her status as an employee and his/her seniority if he/she: Page 47 (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within thirty (30) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department except as provided in Section 6 of this Article; (e) has been on layoff for a period of two (2) years; (f) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 5. If an employee who has already completed his/her initial probationary period in a satisfactory manner is transferred, demoted, or promoted within the City to a position not included in the bargaining unit covered by this Agreement and is thereafter transferred, demoted, or promoted again to a position in the same job classification as the job he/she previously held in the bargaining unit, he/she shall not be deemed to have accumulated bargaining unit seniority while working the position not within the bargaining unit. Section 6. Recall from layoff will be made by certified letter to the last address in the employee's record in the Human Resources Department. The employee must, within seven (7) days of the certified receipt date, notify in writing the Human Resources Director and the Police Chief of his/her intention of returning to work. Return to work must occur within thirty (30) days of the certified receipt date of the City's notice of recall, except as hereinafter provided. When offered recall, an employee who is temporarily unable to accept due to personal or medical reasons, after notifying the Department of his/her intention of returning, may in the sole discretion of the City be granted if necessary up to sixty (60) days leave of absence without pay but without loss of seniority rights to return to employment. The employee must request such leave of absence and provide the specific reasons therefore. Section 7. Employees who decline recall, or who in the absence of extenuating circumstances acceptable to the City fail to respond as directed within the time limit allowed, shall be presumed to have resigned and their name shall be removed from the re-employment list. Section 8. Employees who are recalled may be required to pass the City's standard physical examination for their particular job classification before returning to work. If unable to pass said examination, the employee shall not be permitted to return to work. Such employee shall be returned to the re-employment list until able to pass the examination or until expiration of the eligibility period of the list as provided above. Section 9. Employees who are required to have specific certifications (i.e., State of Florida certification as police officer) or to possess designated licenses (i.e., driver license) in order to perform their jobs must present evidence of such certifications and licenses as a condition of their re- employment and failure to do so shall be cause for denial of their return to work. Page 48 APPENDIX A i POLICE SERVICE TECHNICIAN PAY RANGE P-44 Step October, 2021 Hourly October, 2022 Hourly October, 2023 Hourly 1 $19.0949 $19.6677 $20.2577 2 $20.0496 $20.6511 $21.2706 3 $21.0521 $21.6836 $22.3341 4 $22.1047 $22.7679 $23.4509 5 $23.2099 $23.9062 $24.6234 6 $24.3703 $25.1014 $25.8545 7 $24.9797 $25.7291 $26.5009 8 $25.6042 $26.3723 $27.1634 9 $26.2444 $27.0317 $27.8427 10 $26.9003 $27.7073 $28.5385 11 $27.5728 $28.4000 $29.2520 12 $28.2622 $29.1100 $29.9833 POLICE SERVICE TECHNICIAN SUPERVISOR PAY RANGE P-50 Step October, 2021Hourly October, 2022 Hourly October, 2023 Hourly 1 $21.8944 $22.5512 $23.2278 2 $22.9892 $23.6789 $24.3892 3 $24.1386 $24.8627 $25.6086 4 $25.3454 $26.1058 $26.8890 5 $26.6127 $27.4111 $28.2334 6 $27.9434 $28.7817 $29.6451 7 $28.6419 $29.5012 $30.3862 8 $29.3580 $30.2387 $31.1459 9 $30.0920 $30.9947 $31.9246 10 $30.8443 $31.7696 $32.7227 11 $31.6153 $32.5638 $33.5407 12 $32.4058 $33.3779 $34.3793 ii Step October, 2021 Hourly October, 2022 Hourly October, 2023 Hourly 1 $27.7452 $28.5776 $29.4349 2 $29.1324 $30.0064 $30.9066 3 $30.5890 $31.5067 $32.4519 4 $32.1185 $33.0820 $34.0745 5 $33.7245 $34.7362 $35.7783 6 $35.4317 $36.4946 $37.5895 7 $36.3176 $37.4071 $38.5293 8 $37.2254 $38.3422 $39.4925 9 $38.1560 $39.3007 $40.4797 10 $39.1100 $40.2833 $41.4918 11 $40.0877 $41.2903 $42.5290 12 $41.0899 $42.3226 $43.5923 POLICE OFFICER PAY RANGE P-56 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9551 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Supervisors Bargaining Unit for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and FOP Clearwater Supervisors Bargaining Unit expires on September 30, 2021. The parties reached a tentative agreement for a new contract which has been ratified by the membership. The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for all classifications in the first year effective the first pay period in October. It also provides a step pay increase of 4% and provides for all pay ranges to be adjusted by 3% in the first year. In the second and third year of the agreement, it provides for a 3% general wage increase plus a step pay increase of 4% and a 3% pay range adjustment for all classifications. This agreement also provides for the following changes: Increases standby pay to $50 per weekday and $100 per weekend. The Community Policing Squad will now receive 5% assignment pay rather than $40 per pay period. Increased tuition reimbursement refund amounts to $1700 for a bachelor’s degree, and $2000 for a master’s degree. Juneteenth was added as a paid holiday per council approval at the August 5, 2021 meeting. A vacation sell back program allowing eligible officers to sell back up to 80 hours of vacation in a payroll calendar year was added; program includes vacation utilization requirements. APPROPRIATION CODE AND AMOUNT: A cumulative estimated value of this agreement over the three year is $887,960. The cost associated with the implementation of this agreement by fiscal year is anticipated to be approximately as follows: FY 2021/22 $344,387 FY 2022/23 $281,617 FY 2023/24 $261,956 Funds are available in the FY 2021/22 budget to cover the first year of this agreement. Future budgets will include the contract costs in the proposed budget. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 AGREEMENT between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE SUPERVISORS BARGAINING UNIT 2021-2022 2022-2023 2023-2024 TABLE OF CONTENTS Preamble ......................................................................................... 1 Article 1 Recognition and General Provisions .............................................. 1 Recognition ..................................................................................................... 1 Contract Constitutes Entire Agreement ..................................................... 1 Severability and Waiver ................................................................................. 2 Existing Rules ................................................................................................. 2 Article 2 Representatives of Parties .............................................................. 2 Article 3 Rights of Parties ............................................................................. 3 Officers Bill of Rights ................................................................................... 3 City’s Management Rights ............................................................................ 4 Union Rights .................................................................................................. 5 Article 4 No Strike ......................................................................................... 7 Article 5 Labor/Management Cooperation .................................................. 8 Article 6 Grievance Procedure ...................................................................... 8 Definition ........................................................................................................ 8 Steps ................................................................................................................ 9 Arbitration .................................................................................................... 11 Article 7 Personnel Practices ...................................................................... 12 Police Sergeant and Lieutenant Duties ..................................................... 12 Special Duty Call Out .................................................................................. 12 Probation ...................................................................................................... 12 Promotional Procedures ............................................................................. 13 Certification and Appointment .................................................................. 13 Removal of Names from Eligibility List ................................................... 13 Productivity .................................................................................................. 14 Training ......................................................................................................... 14 Light Duty Assignment ............................................................................... 14 Personnel Records ....................................................................................... 15 Residency Requirements ............................................................................. 15 Tobacco Product Usage .............................................................................. 15 Seat Belt and Safety Equipment Use ......................................................... 16 Physical Examinations, Inoculations, and Fitness .................................. 16 Outside Employment .................................................................................. 17 Funeral Detail ............................................................................................... 17 Take-Home Vehicles ................................................................................... 17 Legal Protection ........................................................................................... 18 Copies of Municipal Code .......................................................................... 18 Paycheck Issuance ....................................................................................... 18 Subcontracting ............................................................................................. 18 Article 8 Leaves of Absence ........................................................................ 19 Designated Holidays .................................................................................... 19 Floating Holidays ......................................................................................... 19 Vacations ....................................................................................................... 20 Sick/Injury Leave ........................................................................................ 21 Bonus Leave Days ....................................................................................... 23 Leave Pool .................................................................................................... 24 Funeral Leave ............................................................................................... 25 Military Leave ............................................................................................... 26 Time Off ....................................................................................................... 28 Leave Without Pay ...................................................................................... 29 Article 9 Wages & Compensation ............................................................... 30 Wages ............................................................................................................ 30 Work Week and Overtime ......................................................................... 31 Compensatory Time Allowance ................................................................ 32 Shift Differential .......................................................................................... 32 Standby Pay .................................................................................................. 33 Recall Pay ...................................................................................................... 33 Acting Pay ..................................................................................................... 34 Job Assignment Pay .................................................................................... 34 Canine Assignment ...................................................................................... 34 Court and Standby Time ............................................................................. 35 Line-of-Duty Injury Pay ............................................................................. 36 Uniforms and Plain-Clothes Allowance ................................................... 37 Tuition Refund Program ............................................................................ 38 Article 10 Insurance ...................................................................................... 38 Article 11 Performance & Discipline ............................................................ 39 Article 12 Drug & Alcohol Policy ................................................................. 40 Article 13 Retirement .................................................................................... 41 Article 14 Seniority, Layoff, and Recall ........................................................ 41 Article 15 Duration, Modification, & Termination ...................................... 43 Appendix A Pay Schedules ..................................................................................i Page 1 PREAMBLE This Agreement is entered into between the City of Clearwater, Florida, hereinafter referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, Clearwater Supervisors bargaining unit, hereinafter referred to as the "Union." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein the full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. It is understood that the City is engaged in furnishing essential public services which vitally affect the health, safety, comfort and general well being of the public and both parties hereto recognize the need for continuous and reliable service to the public. There shall be no individual arrangement contrary to the terms herein provided. ARTICLE 1 RECOGNITION AND GENERAL PROVISIONS Section 1. Recognition The City hereby recognizes the Union as the exclusive bargaining representative as defined in Chapter 447, Florida Statutes, as amended, for all employees employed in the unit defined by the Public Employee Relations Commission in its certification No. 816, dated October 20, 1988, which certification is limited to Police Sergeants and Police Lieutenants. Section 2. Contract Constitutes Entire Agreement The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. However, the parties agree that the City Employees Pension Plan may be separately negotiated at any time upon the mutual agreement of both parties. This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereof. Page 2 Section 3. Severability and Waiver Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement. In the event that any clause or clauses shall be finally determined to be in violation of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. The exercise or the non-exercise of the rights covered by this Agreement by the City or its employees or agents or the Union shall not be deemed to waive any such rights or the right to exercise them in the future. Section 4. Existing Rules Any Police Department rule, regulation, policy or procedure in existence at the time of adoption of this Agreement which is in conflict with any provision of this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Employees shall be required to observe and comply with Department regulations governing their employment as set forth in any Departmental procedures and such special and general orders and written communications now existing or which may hereafter be established which are not in conflict with this Agreement. No disciplinary action shall be taken for violation of a newly established or amended and posted rule or regulation until at least forty-eight (48) hours after initial posting. The President of the Clearwater Supervisors Bargaining Unit shall be forwarded a copy of any written departmental memorandum, rule, regulation, general or special order, or policy intended for publication at least 10 days prior to the effective date such document is intended to establish a standard of conduct or performance for members of the bargaining unit. ARTICLE 2 REPRESENTATIVES OF PARTIES Section 1. The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters requiring mutual consent or other official action called for by this Agreement. The Union agrees to notify the City of the name of such authorized representatives as of the execution of the Agreement and each replacement therefore during the term of the Agreement. Authorized representatives shall be defined as the elected Officers of the Union including those appointed as stewards in accordance with this Agreement, provided that notification has been provided in writing to the Office of the Police Chief and to the City Manager or his/her designee at least twenty-four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize an individual as an authorized representative of the Union. Page 3 Section 2. The Union agrees that during the term of this Agreement the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action and specifically the Union agrees that neither the Union nor the employees covered hereunder shall seek to involve the Mayor-Commissioner or Commissioners in the administration of the Agreement, or otherwise in the operation of the City's Police Department, provided that nothing contained herein shall restrict an employee's right to present non-employment related matters to such elected officials. All matters relating to grievances shall be processed only through the grievance procedure chain of command. ARTICLE 3 RIGHTS OF PARTIES Section 1. Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Police Chief shall not be changed in an arbitrary or capricious manner. Section 2. Police Officers' Bill of Rights It is understood and agreed that all unit members shall enjoy those protections afforded under Sections 112.531, 112.532, 112.533 and 112.534, Florida Statutes, commonly known as the Law Enforcement Officer's Bill of Rights. Section 3. The City agrees to continue its policy of not discriminating against any employee for any reason prohibited by applicable state or federal law. Any claim of discrimination by any employee against the City, its officers or representatives shall not be grievable or arbitrable under the provisions of the Grievance Article of this Agreement, but shall be subject to the matter of review prescribed by law or by rules and regulations of appropriate state or federal agencies having the force and effect of law. Section 4. The Union and its representatives agree to support federal and state laws and regulations thereunder which have the effect of law and to abide by them, and further to encourage all bargaining unit members to comply with such laws and regulations at all times. From time to time, as the City issues policy statements or develops specific training programs concerning areas of prohibited discrimination under federal laws and regulations, the City may submit such policies and/or programs to the Union for their review and consideration for endorsement. If the Union determines not to endorse the policy and/or program, it shall advise the City of its reservations which have precluded it from endorsement. Section 5. The Union and the City shall not interfere with the right of employees covered by this Agreement to become or to refrain from becoming members of the Union, and the Union and the City shall not discriminate against any such employee because of membership or non-membership in any employee organization. The Union acknowledges that it is the sole representative of bargaining unit employees. However, the Union has no obligation to prosecute grievances under this Agreement for non-members. Page 4 Section 6. City’s Management Rights A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The sole and exclusive rights of management include, but are not limited to, the following: (a) to manage the City generally and to determine the issues of policy; (b) to determine the existence or nonexistence of facts which are the basis of management decisions; (c) to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; (d) to determine the nature, manner, means, and technology, and extent of services to be provided to the public; (e) to determine methods of financing and budgeting; (f) to determine the types of equipment and technology to be used; (g) to determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted; (h) to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City; (i) to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; (j) to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary reasons; (k) to establish and modify productivity and performance programs and standards; (l) to discharge, suspend, demote, or otherwise discipline employees for just cause; (m) to determine job classifications and to create, modify or discontinue jobs; (n) to hire, transfer, promote, and demote employees; (o) to determine policies, procedures, and standards for selection, training and promotion of employees; (p) to establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; Page 5 (q) to maintain order and efficiency in its facilities and operations; (r) to establish and promulgate and/or modify rules and regulations and standard operating procedures including, but not limited to, Civil Service rules; (s) to take any and all necessary action to carry out the mission of the City and the Police Department in emergencies. B. If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Section 7. Union Rights A. Union Dues and Checkoff -- During the term of this Agreement, and except as provided below, the City agrees to deduct the basic and uniform membership dues owed by the employee to the Union on a biweekly basis, provided that prior to any such deduction the Union has provided the City with a signed statement from each said employee for whom dues are to be made that such deduction is authorized, and provided further that such authorization is in a form satisfactory to the City. Any authorization for dues deduction may be canceled or amended by the employee upon thirty (30) days written notice to the City and the Union and shall be discontinued in the event the employee is terminated or is transferred, promoted or otherwise moved out of the bargaining unit. The City will not deduct any Union fines, penalties or special assessments from the pay of any employee. In the event that an employee's salary earnings within any pay period, after deductions for withholding, pension or social security, health and/or hospitalization insurance, or other standard or legally required deductions, are not sufficient to cover the basic and uniform membership dues, it will be the responsibility of the Union to collect its dues for that pay period from the employee. B. Indemnification -- The Union shall indemnify, defend and hold the City, its officers, officials, agents and employees harmless against any claim, demand, suit or liability (monetary or otherwise) and for all legal costs arising from any action taken or not taken by the City, its officials, agents and employees in complying with this Agreement. The Union shall promptly refund to the City any funds received in accordance with this Agreement which are in excess of the amount of basic and uniform membership dues which the City has agreed to deduct. C. Stewards -- The stewards of the Union shall consist of the elected officers of the Union, subject to a limit of four persons and four alternates. If the Union has more than four officers, it shall designate the four who will serve as stewards. The Union will submit a list of the four elected officers who will serve as stewards and the four alternates to the Police Chief and to the City Manager or his/her designee. Page 6 Any steward who feels unqualified to represent a member on any matter will be permitted to contact the Union president who shall designate a representative to serve the member. A steward shall not investigate or otherwise handle grievances during working hours without the specific, expressed consent of the Division Commander. A steward shall not investigate his/her own grievance or otherwise represent himself/herself. D. Union Time -- The Union shall be allowed up to 300 hours of time off without loss of pay per year for the purpose of attending official F.O.P. or bargaining unit functions, meetings or conferences. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. Union time off with pay shall be provided for up to five Union representatives (excluding a note taker) for contract negotiations. Requests for use of this Union time shall be made in advance in writing by an elected officer of the Clearwater Supervisors Bargaining Unit or Union Steward as described above to the immediate supervisor of the bargaining unit member who will be utilizing the requested union time. The Police Chief or his/her designee will grant such time off without loss of pay provided that, in his/her sole and unlimited discretion, the efficiency of operation of the Department will not be interfered with or impaired. Any portion of the Union time not used in an annual period, which shall be defined as a contract year beginning with ratification, shall be forfeited and shall not be carried forward into the next annual period. Bargaining unit members utilizing Union time under the provisions of this Section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. In any event, absence from duty for Union business shall not be approved when such requires a Union member to be off duty for periods in excess of two (2) consecutive work shifts. Extension of any consecutive time off for Union members over and above two (2) consecutive shifts may be granted solely at the discretion of the Police Chief. Joint related business between the City and the Union shall not be subject to deduction from Union time under this Section when an employee is directed by the City to attend. However, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the account. E. Union Notification Media -- The City agrees to provide space (not less than 24 inches by 24 inches) on bulletin boards, utilization of e-mail, or other appropriate means of distributing notices of meetings and other official Union information. The Police Chief or his/her designee shall first review and approve or not approve any such posting or transmission of F.O.P. official information for distribution in any City facility. No other City bulletin board, e-mail, or other distribution methods may be used by the Union or any member of the bargaining unit for any purpose not approved by the Police Chief. Such approval shall not be unreasonably withheld. The Union is expressly prohibited from posting any information relating to political candidates or political office. F. Rules and Regulations and Memorandums -- The designated representative of the Union shall have a copy distributed to his/her mail box of any written departmental memorandum, rule, regulation, order or policy, intended for publication to all members of the bargaining unit, which is intended to establish a standard of conduct for members of the bargaining unit. Page 7 The designated representative of the Union shall be forwarded a copy of the agenda from the City Clerk's office of any regular City Commission meeting in the same manner that the Police Chief is forwarded a copy. G. Copying of Agreement -- In accordance with the City’s Greenprint Sustainability Plan, the City and the Union each agree that this Agreement shall be posted by the City on the City’s Launchpad and Website. H. Use of Copying Equipment -- The City agrees to allow the Union's officers to use the departmental copying equipment while off duty under the following conditions: (a) The Chief or his/her designee shall approve the copying of any matter which shall be limited to departmental records which the Chief will not allow the Union to remove from the Department and copy using its own equipment. (b) The Union will be charged and will remit such rate as may hereafter be established by the City in accordance with City Policy. (c) Department business will of course take priority and the Union will only be allowed to make copies when the Department is not otherwise using the copier. I. The Union shall designate a Civil Service Liaison Officer who may, on request, be relieved from duty with no loss of pay for the purpose of attending Civil Service Board Meetings, unless the efficiency of operation of the Department will be interfered with or impaired in the sole and unlimited discretion of the Police Chief or his/her designee. In addition, two Union officers may, on request and at the discretion of the Chief or his/her designee, be relieved from duty with no loss of pay for the purpose of attending official Union meetings, unless the efficiency of operation of the Department will be interfered with or impaired. J. The President of the Clearwater Supervisors Bargaining Unit or his/her designee shall be forwarded a copy of the agenda in advance of every regular City Commission meeting. ARTICLE 4 NO STRIKE Section 1. The Union agrees that during the term of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support or acquiesce in any strike, slowdown, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the Union and/or employees represented by the Union or other agencies or representatives of the Union or its affiliates. Section 2. Should the Union or its member employees covered hereunder within the City's Police Department breach this Article, then the City may proceed to the appropriate court and, without notice, obtain a temporary restraining order against such breach. Page 8 Section 3. Should any member of the bargaining unit be found guilty of striking as defined in Chapter 447, Florida Statutes, the employee shall be subject to dismissal, and it is expressly agreed that such violation constitutes just cause for dismissal. ARTICLE 5 LABOR-MANAGEMENT COOPERATION The City and Union support the concept of Labor-Management cooperation to address employee concerns that are not specifically provided for by contract provisions. Labor-Management cooperative efforts shall not be intended to bypass established grievance procedures or the right of collective bargaining. Labor-Management cooperation shall be utilized for the purpose of discussion and input from both parties on matters that may be mutually resolved and are not subject to collective bargaining, grievance, or litigation processes. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious, and orderly settlement of disputes that arise under this Agreement between the Union and/or a bargaining unit member and the City. All employees and supervisory personnel should make every effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as a timely complaint by an employee within the bargaining unit regarding the interpretation or application of specific provisions of this Agreement. The grieving individual must state in writing the remedy sought to resolve the grievance. Section 2. All grievances filed shall refer to the specific Article and Section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance. Any grievance relating to disciplinary action shall be signed by the employee initiating the grievance. A grievance relating to an alleged contract violation other than disciplinary action may be filed by, and signed by, the Union on behalf of an employee(s) but must specify the affected employee(s) by name. All information must be furnished. No grievance may be amended from the original written grievance filed at the initial step of the grievance procedure. The Union agrees to deliver copies of the initial grievance and of each successive written step of processing for the grievance to the City Manager or his/her designee within forty-eight (48) hours of its submission to the appropriate official within the Police Department. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement. Where the term "working days" is used in this Article, it shall refer to Monday through Friday. Saturdays, Sundays, and days designated as holidays for managerial employees of the Police Department or the City Manager's office are excluded from the term "working days." The time limits for filing the grievances and processing subsequent steps in the grievance process shall be strictly construed, but may be extended by mutual agreement evidenced in writing and signed by a duly authorized representative of the City and the grieving party. Failure of the grievant to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth hereunder shall automatically move the grievance to the next level in the grievance process. Page 9 Probationary employees shall not have access to the grievance procedure for failure to satisfactorily complete the probationary period, but will be allowed to grieve other forms of discipline for which they are charged for specific infractions or violations of City or departmental rules, regulations, orders or other documents regulating conduct. The right of management to demote a probationary employee for failing to meet standards is absolute and no specific reason shall be given. Section 3. On behalf of employees covered by this Agreement, the Union hereby waives any right of these employees to resort to the Civil Service Board concerning any matter that is defined in this Agreement. This shall specifically include grievances relating to suspensions, demotions and dismissals. Section 4. Formal Processing of Grievances Initiated By Employee The aggrieved employee may request that a Union representative be present at any time during the grievance procedure. STEP 1 An aggrieved employee (Police Sergeant or Police Lieutenant) shall present his/her grievance in writing to the Police Major in his/her respective Division, or to the Deputy Police Chief if the employee is not assigned to a specific Division, within ten (10) working days after the employee has knowledge or constructive knowledge of the occurrence of the action giving rise to the grievance. The written grievance at this step, and at all steps thereafter, shall contain the following information: 1. A statement of the grievance including date of occurrence, details, and the facts upon which the grievance is based. 2. The Article and Section of the Labor Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and Union representative. 5. Reason for rejection of management's answer, if appealed (Steps 2 and 3 only). 6. Date submitted. Grievances submitted at this step shall be reviewed and returned to the grievant if the form does not contain the above information. The grievant shall be notified of the insufficiency and afforded an opportunity to correct and resubmit the grievance within two (2) working days of its being returned to him/her. As used in this Article, the term "employee" shall also mean a group of employees having the same grievance. In such event, one aggrieved employee shall be designated by the group of employees to be responsible for processing the grievance. The Police Major or Deputy Police Chief receiving the initial grievance shall review the grievance and meet with the employee and a Union representative if one is requested and shall submit a response in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him/her. The written response at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. Page 10 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Where the Police Major or Deputy Police Chief determines that he/she is unable to respond due to circumstances of the grievance which may require a decision at a higher level, he/she may respond by denying the grievance. STEP 2 If the grievance is not resolved at Step 1, the aggrieved employee may submit the grievance to the Police Chief within ten (10) working days from receipt of the response in Step 1. Such submission of the grievance at Step 2 shall be in writing. The Police Chief or designee shall obtain necessary facts concerning the alleged grievance and shall, within seven (7) working days following receipt of the grievance at Step 2, meet with the aggrieved employee and a Union representative if one has been requested. The Police Chief or his/her designee shall notify the aggrieved employee of his/her decision in writing not later than seven (7) working days following the meeting day with the employee. STEP 3 If the grievance is not resolved at Step 2, the grievance and all responses thereto may be submitted to the City Manager or his/her designee within ten (10) working days of the time the response was provided in Step 2. At the request of the employee, the City Manager or his/her designee shall meet with the employee and a Union representative if one has been requested. The City shall determine who shall meet with the employee. Within ten (10) working days of the meeting with the employee, the City Manager or his/her designee will notify the aggrieved employee, in writing, of his/her decision. If a grievance is not submitted to the City Manager or his/her designee, it shall be deemed to have been resolved at Step 2 or to have been dropped by the grievant. Section 5. Formal Processing of Grievance Initiated By City Where any provision of this Agreement involves responsibility on the part of the Union which, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the unit representative on an informal basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written notice to the authorized representative of the Union. Such notice shall indicate the provision of the Agreement which the City contends is not properly being carried out by the Union. If not resolved within ten (10) working days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provisions of Section 6 of this Article. Page 11 Section 6. Grievance Arbitration In the event that a grievance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, the matter may be submitted to final and binding arbitration as provided in this Section. A. Within ten (10) working days of the decision of the City Manager or his/her designee, the aggrieved party shall notify the City Manager or his/her designee of intent to arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a list of seven (7) names of qualified arbitrators. Within ten (10) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, then the other party shall strike a name. The process shall be repeated and the remaining name shall be the arbitrator selected. The arbitrator shall be notified of his/her selection. As promptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator using the same process as previously referenced. B. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator, including the appearance fee of a court reporter and the cost of any transcript to be provided to the arbitrator, shall be shared equally by the parties. C. The decision of the arbitrator shall be final and binding upon both parties, except that either party may petition for review in the circuit court. The arbitrator shall have no power to amend, add to, or subtract from the terms of this Agreement in rendering his/her decision and such decision shall be limited to determination and interpretation of the explicit terms of this Agreement. If the City has denied the grievance on the basis that it was not timely filed and processed as required by this Article and if the arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power to grant relief. No decision of the arbitrator shall create a basis for retroactive adjustment in any other case. D. Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) calendar days from the date of the hearing. E. The arbitrator shall arbitrate solely the issue presented. F. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be based solely on the originally written grievance submitted in the grievance process. Section 7. Grievances arising out of the discharge, demotion, or suspension of a bargaining unit employee shall be initiated at Step 3 of the grievance procedure. Page 12 ARTICLE 7 PERSONNEL PRACTICES Section 1. Duties of Police Sergeants and Police Lieutenants A. The Union agrees that the duties of Police Sergeants and Police Lieutenants involve both the performance of general police duties and the supervision of designated police personnel. The City agrees that no Police Sergeant or Police Lieutenant shall be required to perform duties or functions not reasonably consistent with the job specifications and duties as set forth in their respective job descriptions or reasonably related to the performance of functions of the Police Department. B. The City agrees that Police Sergeants and Police Lieutenants shall not be required to change automobile tires except in emergencies; nor shall they be required to manually push disabled motor vehicles. However, they shall make appropriate efforts to remove such disabled motor vehicles where the elimination of blocked or congested traffic flow or related safety needs is such as to reflect that the disabled motor vehicles should be reasonably relocated from the scene. Section 2. Special Duty Call Out A. All employees who are covered by this Agreement shall receive notice of any special duty detail, not less than five (5) working days prior to that event. B. This Section shall not pertain to emergencies or to unplanned or unscheduled events. Such occurrences shall be conducted in accordance with established City policies and procedures. C. Employees assigned to the criminal investigation division, patrol special operations section, traffic section, canine team, or community problem response, and Liaison teams are subject to adjustments of their hours and /or days to meet the circumstances at hand. As much notice as possible will be given when adjustments are necessary, but it is understood that hours must be flexible. Efforts will be made to ensure that officers are not recalled within eight (8) hours of their last shift; if unavoidable, management will inquire as to the officer’s ability to perform their duties. Officers must advise management if they are unable to do so. Section 3. Probation An employee initially appointed or promoted to a class within the bargaining unit (Police Sergeant or Police Lieutenant) shall serve a probationary period of six (6) months of active service during which he/she shall have the opportunity to demonstrate to the satisfaction of the Police Chief his/her suitability for the job. In the event the employee is for any reason absent from duty for an accumulated period of eighty scheduled work hours or more, then all such time shall be added to and thereby extend the probationary period. The employee shall attain regular status in the class at the completion of the six-month period, unless the Department has notified Human Resources with just cause for withholding such status. An employee, who during the probationary period does not demonstrate suitability for the class as determined by the Police Chief, shall be notified in writing and shall be demoted to his/her former classification. An employee serving a probationary period within the bargaining unit shall not be entitled to appeal his/her non-successful probationary period and/or return to his/her former position. Page 13 Section 4. Promotional Procedures A. Eligibility -- All Police Sergeants who have completed the promotional probationary period successfully and who have served one year as a Sergeant following successful completion of the probationary period shall be eligible to compete in the promotional process held by the City for the classification of Police Lieutenant provided they have met the minimum qualification requirements established by the City. Effective September 30, 2024, those promoting into the classification of Police Lieutenant shall have graduated from an accredited four-year college or university with a Bachelor’s Degree. B. Evaluation Process -- The promotional process shall be competitive. It shall be based upon an evaluation of the education and training of the candidates and their experience in the Clearwater Police Department. C. Upon promotion, employees shall be placed into the step in the higher level classification that represents at least a 5% increase in base pay. Employees who at the time of promotion are receiving Job Assignment Pay in accordance with Article 9, Section 8 of this Agreement shall be entitled to have incorporated into their base pay, prior to the calculation of the promotional increase, the greater amount from paragraph A or paragraph B. Such employees shall be placed into the step in the higher level classification that represents at least a 5% increase above the combined rate of pay and shall thereafter be eligible to receive Job Assignment Pay and any other additional pays in accordance with the respective terms and conditions of this Agreement. Section 5. Certification and Appointment The Human Resources Department shall provide in alphabetical order a certified promotional list for the filling of a vacancy in a permanent position. The Police Chief shall provide each certified eligible with the opportunity to be interviewed for the designated vacancy, provided however that if a candidate has been interviewed within the past one hundred and twenty (120) days for the position of Police Lieutenant, such candidate shall not have to be interviewed. (All such candidates shall be treated uniformly as to being re-interviewed or not being re-interviewed.) Selection from the Eligible List shall be at the sole discretion of the Police Chief and shall not be grievable. Section 6. Removal of Names from Eligibility List Names of eligibles for Police Lieutenant shall be removed from the Eligible List by operation of any one of the following: (a) Appointment through certification and selection from such list to fill a permanent position of Police Lieutenant. (b) Declination of appointment when appointment is offered by the Police Chief. (c) Separation from the City service of the eligible. (d) Removal from the employment area designated by the City when such residence was required as a condition of employment or previous promotion. Page 14 (e) Determination by the City that the eligible willfully or knowingly gave false or wrong information, withheld information, or was evasive in responses relating to his/her employment background, training, education or character. (f) Written statement by the eligible indicating that he/she no longer wishes to remain on the Eligibility List. Section 7. Productivity The Union recognizes that productivity is of utmost concern to the City and is critical to the provision of services to the citizenry in an efficient and cost effective manner. The Union acknowledges, except as expressly limited by the provisions of this Agreement, that the City may introduce new methods, processes and equipment, implement new technology, and establish work measurement standards to determine performance levels; that it may develop flexible job assignments and shifts; that it may establish innovative programs to improve the provision of police and related public services or to reduce the cost of providing such services; and that it may take such other actions as it deems appropriate to improve productivity. Section 8. Training In addition to the training required by the State for certification or recertification, schools, training and career development courses as determined by the Department will be made available to all bargaining unit members. Officers who desire to attend will complete the departmental training request form and submit it to their supervisor. All time spent in training which has been duly authorized by the Department shall be compensated as hours worked unless all four of the following are met: (1) attendance at the training is voluntary and (2) the training occurs outside the employee’s regular work hours and (3) the employee performs no productive work and (4) the training is not directly related to the actual performance of the employee’s present assignment. Employees assigned to training must receive approval from their immediate supervisor prior to performing any additional work outside of the actual time spent in training while on the training assignment. All such work hours when duly authorized shall be paid in accordance with the provisions of the Federal Fair Labor Standards Act. All City sponsored mandated training will be compensated as day for day regardless of the shift the employee is assigned. Employees currently assigned an eight (8) hour shift will be compensated for the eight (8) hours worked for the training day. Employees currently assigned to a ten (10) hour shift will be compensated for the eight (8) hours worked for the training day and be allotted two (2) hours of administrative time. Employees currently assigned to a twelve (12) hour shift will be compensated for the eight (8) hours worked for the training day and be allotted four (4) hours of administrative time. It is understood that the amount of administrative time allotted will be considered non-sweat hours worked. The Department will select officers for attendance based on the needs of the Department. Page 15 Section 9. Light Duty Assignment A. In the event an employee in the bargaining unit is unable to work at full-time duty but is certified by a licensed physician to work light or limited duty, subject to the availability of light or limited duty the City may assign such employee to an appropriate work assignment within the City of Clearwater work force. However, assignments in any Department other than the Police Department shall occur only in the event there are no available positions within the Police Department which the officer would be capable of performing. Assignments outside the Police Department shall be limited to only those positions which the officer is capable of performing, or would be capable of performing with a reasonable amount of on-the-job training and effort, based on the officer's physical ability, suitability to the work to be performed, and skills required to perform the work. B. The City shall have the right to direct an employee to a licensed physician of its choice to determine if the employee is fit to work light or limited duty. C. Failure of the employee to work light or limited duty when assigned may be grounds for disciplinary action. Section 10. Personnel Records It shall be the right of any member of the bargaining unit at reasonable times to inspect his/her personnel file, and at his/her expense to make copies of such personnel file or portions thereof. When a personnel record of a member of the bargaining unit is furnished to any citizen pursuant to a request therefor, the City agrees to abide by current federal and state law and will not release any portion of the employee's file which is not required to be released by law. The employee shall be notified as soon as possible whenever his/her Internal Affairs, Police Department, or Human Resources Department file is accessed by someone other than the employee. If the employee is absent from duty, his/her immediate supervisor shall be notified and shall attempt to contact the employee, and if unsuccessful shall inform the employee upon his/her return to work. Section 11. Residency Requirement Except as provided by Department General Orders, any existing employees who move to a different residence and all new hires as a condition of employment shall establish and maintain their bona fide, permanent residence within the following geographical boundaries: Pasco County, Pinellas County, and Hillsborough County from the western boundary eastward to Interstate 75 only. When response times are an operational factor in special duty assignments, the Police Chief or designee may consider residency location in selecting personnel to such special duty assignments. Employees may request special permission from the Police Chief to reside outside the specified areas. Violation of this provision may be grounds for discipline. Section 12. Tobacco Product Usage Employees in the bargaining unit hired on or after December 15, 1986, are prohibited from smoking or chewing any form of tobacco product both on and off the job during their employment with the City. In addition to the above, effective October 1, 2009 all bargaining unit members will comply with the City’s Tobacco Product Usage Policy. Page 16 Section 13. Seat Belt and Safety Equipment Use All employees are required to wear seat belts when driving or riding as a passenger in any City vehicle or in a personal vehicle while on city business, except in cases of operational necessity or when a city vehicle does not have available seat belts. Whenever the employee is furnished with City safety gear, he / she shall wear it whenever he / she is required to wear safety gear on duty. All Police Supervisors will be issued body armor (bullet resistant vest). All Police Supervisors shall wear the body armor at all times while in any police uniform with the exception of the Honor Guard uniform and those engaging in training where body armor is not a requirement of the training. All other Police Supervisors will have the body armor readily available while on duty. No employee will be placed on patrol duties or hazardous assignments (e.g. search warrants, SWAT operations, ERT operations, etc.) until body armor has been issued. Section 14. Physical Examinations, Inoculations, and Fitness The City and Union agree that the physical fitness of police officers is of importance to insure the public of quality police service. The City will provide free and mandatory annual physical examinations. The physical examination will be performed by Life Scan Wellness Center for each employee (to include an optional mammogram for females). The cost of the Life Scan Wellness examination will be paid by the City. The employee may submit proof of satisfactory completion from the Life Scan Wellness examination. All employees whose physical fitness or medical status is deemed deficient in some manner as a result of the physical examination shall be counseled by the Department and shall be encouraged to undertake a fitness rehabilitation program in an effort to improve their physical fitness and health. A. In the event that the Department determines that an officer requires an inoculation or immunization, then the same immunization or inoculation will be made available to the members of the employee’s household. B. Physicals will be administered no less than ten (10) months and no more than eighteen (18) months apart. C. The Department will attempt to schedule physicals while the employee is on duty. Any annual physical fitness exam will also be administered during the employee’s on-duty time. Work schedules of affected employees may be subject to change in order to accomplish this objective but only if the examinations cannot be scheduled during normal work hours. Employees may also be permitted with the approval of their supervisor to flex time within the same work week for time spent taking the physical. It is the employee’s responsibility to ensure that they physical is completed, and no employee shall be paid for time spent taking a physical unless that time falls within his/her assigned shift or other work hours that the employee has been permitted to flex. The employee will be permitted to flex the actual time required to complete the physical. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary Page 17 on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. D. The City and the Union may mutually agree to reopen negotiations to discuss monetary incentives for physical fitness. Section 15. Outside Employment Outside employment of bargaining unit members shall be subject to provisions of the City's Civil Service or the Departmental Rules & Regulations governing outside employment, provided further however, that police-related “extra-duty” employment shall be limited to a maximum of 20 hours per week. During periods of unusual seasonal demand, exceptions to the 20-hour maximum will be considered by the Police Chief, or his/her designee, who shall approve or deny such requests in his/her sole and unlimited discretion. The City and Union agree that this Section shall upon the request of either party be reopened for the purpose of negotiating mandatory subjects of bargaining related to “extra-duty” employment and any specific impact such program may have on any existing provisions or items affected by such program. However, items affecting wages, hours, or terms and conditions of employment shall be implemented only upon mutual agreement of the parties. Section 16. Funeral Detail A. The Department shall permit one employee of this bargaining unit to be part of a funeral detail and permit this detail to attend the funerals of any law enforcement officer within the State of Florida who loses his/her life in the line of duty. B. The City will supply the funeral detail with a marked cruiser for the purpose of attending funerals as provided in (A) above. C. The City shall not be responsible for the payment of expenses of this detail such as gas, oil, lodging, and meals. D. In the event the bargaining unit member who serves as the F.O.P. funeral detail is on-duty at the time of the funeral, he/she shall be released without loss of pay, provided however, that such member shall not be eligible during such time off for workers’ compensation benefits in case of injury. E. This provision shall not be subject to any grievance procedure. Section 17. Take-Home Vehicles The City reserves the exclusive right to determine if and when bargaining unit members shall be allowed to take city vehicles home and further retains the right to discontinue any current usage at any time. Page 18 Section 18. Legal Protection The City agrees to defend any member of this bargaining unit who is sued for damages as a result of actions taken in the scope of his/her employment with the City to the extent provided in Chapters 111.065, 111.07, 768.28(9), and 768.28(19) FS. The employee agrees to cooperate with the City in providing this defense. Section 19. Copies of Municipal Code The City agrees to provide copies of those portions of the City Code of Ordinances relating to penal offenses to employees upon request. Section 20. Paycheck Issuance Pay advice shall be available on the same day that the pay advice is dated to be issued to employees both coming on and going off shift at their assigned work location at the start or end of the respective workday as applicable. Employees shall have an option to opt out of receiving a paper pay advice and accessing it online. Effective 60 days following the date of approval of this Agreement by the City Council, employees shall be required to elect to receive the entirety of their pay in either standard hard copy paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay between the two mediums. Employees may elect to change from one payment medium to the other at any time provided 14 days written notice is given to the City’s payroll division. Section 21. Subcontracting The City agrees that for the period from October 1, 2021 through September 30, 2024, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Supervisor' s bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Page 19 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. There shall be ten (10) paid holidays. They shall be: New Year's Day January 1st Martin Luther King Day Federal Holiday Presidents Day Federal Holiday Memorial Day Federal Holiday Juneteenth June 19th Independence Day July 4th Labor Day Federal Holiday Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th The City shall permit the use of bargaining unit seniority with existing bid practices to determine whether an employee will work on holidays and reserves the right to determine the appropriate level of staffing and the schedule employees will observe on the holidays. B. In the event that one of the above named holidays occurs during the course of an employee's vacation, then the employee shall not be charged vacation leave for the holiday and/or the employee's vacation shall be extended one day. C. In the event that one of the above named holidays occurs while an employee is on paid sick/injury leave, the employee shall receive holiday pay at his/her straight time rate and shall not be charged sick/injury leave pay for that day. In the event the employee is on sick/injury leave without pay, or any other form of time off without pay, the employee shall not be paid for the holiday. D. Employees who work on Christmas Day, New Year's Day, Independence Day, and Thanksgiving Day shall be paid at a rate of 2-1/2 times regular pay. E. An employee may be required to work all or part of any holiday even though it may be his/her regularly scheduled day off. When a holiday falls on an employee's regular day off, 8-hour, 10- hour, and 12-hour employees are paid eight (8) hour's holiday pay. (Both types of employees have worked 40 hours and are paid 48 hours -- a full week plus one (1) holiday.) F. An employee who is required to take the day off as a holiday when he/she would otherwise have been working the day as part of his/her regular workweek shall receive holiday pay for the day in accordance with his/her schedule and such hours shall count as hours worked towards the calculation of overtime. G. Floating Holidays - In addition to the holidays named above, employees shall be entitled to four (4) floating holidays. These days may be days off with pay and taken at the employee's request provided that operations will not be interfered with and provided further that such days shall be taken in full-day increments. Floating holidays shall be awarded at the end of the first payroll period of the payroll calendar year and must be taken by the end of the last payroll period of the Page 20 same payroll calendar year. An employee may elect to take up to four floating holidays as a cash stipend. In such case, the employee will be paid at the rate of eight (8) hours for each floating holiday for which the employee makes this election. Section 2. Vacations A. Accrual of Vacation Leave 1. Vacation leave shall accrue on an hourly basis based on hours in a paid status for all full-time employees in accordance with the number of completed years of credited service as follows: Completed Years of Service Hourly Accrual Vacation Hours 0 .0385 0 1 – 2 .0385 80 3 .0424 88 4 .0462 96 5 .0500 104 6 .0539 112 7 .0577 120 8 – 10 .0616 128 11 .0654 136 12 .0693 144 13 – 14 .0731 152 15 – 19 .077 160 20 & Over .0808 168 2. The vacation year shall be the payroll calendar year. B. Use of Vacation Leave 1. All bargaining unit employees are entitled to use at least two (2) weeks of accrued vacation leave per year. Accrued vacation shall be authorized in any amount provided it does not adversely affect department operations. 2. If service requirements permit and with the approval of the Department, an employee may use his/her accrued vacation leave in increments of tenths of an hour. 3. The borrowing of vacation time prior to its accrual is prohibited. 4. There is no advancing of vacation pay. 5. Employees may take compensatory time off in conjunction with a regular vacation if authorized. C. Maximum Accrual of Vacation Leave 1. The maximum amount of vacation leave that may be accumulated is 320 hours. Page 21 2. In a payroll calendar year, employees who have used at least forty (40) vacation hours may receive up to eighty (80) hours of regular pay in exchange for the same number of vacation hours. The employee must maintain a minimum of 125 hours in their vacation bank after the exchange. The employee must not have received any formal discipline during that payroll calendar year and must receive at least Meet Standards on the annual evaluation. The employee must make a written request to the Payroll Preparer on or before November 15 to receive the eighty (80) hours of regular pay in the payroll period which includes December 1. D. Payment and Accrual During Military Leave 1. An employee granted an extended military leave of absence for active duty in accordance with the City’s Emergency Military Leave Supplementary Compensation Policy shall be paid all accrued leave upon the employee’s request when the employee begins the extended military leave. 2. An employee returning from an extended military leave of absence shall accrue vacation leave for the period of military service not to exceed 320 hours. E. Conversion to Sick Leave or Funeral Leave During Vacation Leave 1. The employee may request that vacation leave be changed to sick leave if the employee or member of the employee’s immediate family becomes ill for more than three (3) consecutive days while the employee is on vacation leave. 2. The employee may request that vacation leave be changed to funeral leave, provided the request is consistent with Funeral Leave provisions of this Agreement. F. Payment of Unused Vacation Leave 1. Payment of unused vacation leave will be paid upon retirement or voluntary separation of the employee up to a maximum of 320 hours, provided the employee was not dismissed for cause and has more than one year of continuous service. Payment will be made at the base rate exclusive of any premium pay or shift assignment pay. Section 3. Sick/Injury Leave For payroll purposes, a payroll calendar year begins with the first day of the first pay period for the first pay check date in the calendar year and ends with the last day of the past pay period for the las pay check in the calendar year. A. Sick Leave Accrual Employees shall accrue Sick Leave each payroll period based on hours in a paid status. Employees shall accrue .0462 hours of sick leave on an hourly payroll basis -- (i.e., an employee on a 40-hour work week earns twelve (12) days per payroll calendar year). B. Sick Leave Accrual Caps Employees may accumulate up to 1560 accrued hours. Page 22 C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another department or classification. 3. No sick leave balances are restored after a break in service. D. Calculation for Use of Sick Leave Sick leave may be authorized for increments of tenths of an hour. E. Authorized Use of Sick Leave Sick leave is not a privilege to be used at the employee’s discretion. It shall be authorized only for absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal or family sickness prevention measures. 4. Due to illness of a member of the employee’s immediate family which requires the employee’s personal care and attention. “Immediate family” shall mean parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers, sisters or present spouse of the employee and the “immediate family” of the employee’s spouse or other family member living in the “immediate household.” F. Authorization of Sick Leave 1. An employee requesting authorization of sick leave shall inform an on-duty supervisor or the desk officer at least one-half hour prior to the regularly scheduled reporting time the specific reason and where (phone number and address) the employee will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. 2. Failure to do so may be the cause for denial of sick leave and other disciplinary action. G. Payment for Unused Sick Leave Upon separation from City service, an employee shall be paid for one-half (1/2) of his/her accumulated unused sick leave up to 1560 hours. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. Payment shall be made provided: Page 23 1. The employee has had at least twenty (20) years of continuous service with the City. Leaves of absence without pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks in service. The length of such time off or layoff shall be deducted from the total length of service. Military leaves and leaves during which the employee is receiving Workers Compensation shall not be deducted from continuous service; or 2. That the separation is involuntary on the part of the employee, including disability (incurred on or off the job) and layoffs; or 3. The employee’s estate shall receive payment if an employee dies. 4. An employee who has been dismissed for cause shall have no claim for sick leave payment. H. Injury From Other Employment An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment other than City employment, may be suspended or terminated. I. Use of Leave After Accrual Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. J. Bonus Leave Days Following a payroll calendar year that a bargaining unit employee uses no sick leave, or less than two days of sick leave, the employee will be awarded Bonus Leave Days in accordance with the following chart. Bonus Leave Days must be used in full-day increments. Bonus Leave Days must be used before the end of the payroll calendar year for which they are awarded. At the end of each payroll calendar year, employees may elect to be paid the cash equivalent based upon the employee’s current base rate of pay for any Bonus Leave Days not used during the payroll calendar year. Page 24 Assigned Shift Amount of Sick Leave Used Bonus Leave Days Awarded Eight, Ten, or Twelve-Hour Shifts Zero Time 2 Eight, Ten, or Twelve-Hour Shifts More than zero time but less than 2 days 1 Combination of Eight, Ten, and Twelve-Hour Shifts More than zero time but less than 2 days combined as: • 2 Eight-hour days • 2 Ten-hour days • 2 Twelve-hour days • 1 Ten-hour day and • 1 Eight-hour day 1 1. A payroll calendar year begins with the first day of the first payroll period for the first pay check date in the calendar year and ends with the last day of the last payroll period for the last pay check in the calendar year. 2. Bonus Leave Days are not included in overtime calculations. 3. Upon an employee’s separation from the City, the employee will receive a lump sum payment for his/her remaining Bonus Leave Day balance. Section 4. Leave Pool A joint leave pool will be established by the members of the Fraternal Order of Police Lodge No. 10 and Fraternal Order of Police Supervisors bargaining units, such leave pool to be available for use by members of both bargaining units, subject to the following provisions: A. The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job- connected, or serious illness or injury to a family member covered under the family sick leave policy. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than thirty (30) calendar days. B. A committee shall be formed and the committee shall determine use of the leave pool days, subject to the above purposes and limitations. 1. The committee shall consist of two (2) members designated by each bargaining unit, and one employee designated by the other four members. 2. The committee shall review employee needs and circumstances consistent with the provisions of the leave pool and shall determine eligibility for and the amount of pool leave time that may be provided to employees. The committee may establish procedures, forms, and other rules necessary for its effective operation, provided they are consistent with the provisions of this Section. Page 25 3. The committee’s decisions are final and are not grievable. An employee may ask for reconsideration by the committee in accordance with rules established by the committee. 4. Bargaining unit members may donate days at 100% value from their vacation, sick leave or floating holiday balances to the leave pool one time per year unless the number of days in the leave pool becomes less than fifty days, whereby the committee may open up the opportunity for additional donations to be made during the calendar year. (a) No employee shall be permitted to donate more than four (4) days of leave per year to the pool unless modified with the prior approval of the City Manager. (b) All donations of pool leave time must be in full-day increments based on the employee’s full-time, regularly scheduled day (i.e., an eight-hour or ten-hour day is a full day). (c) Donations of pool leave time are irrevocable. (d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day for day. 5. In order to be eligible to receive leave time from the joint leave pool, employees must have donated a minimum of one (1) day to the joint leave pool with the past twelve months prior to making application for leave from the pool. Newly hired employees shall be exempted from the requirement to donate a minimum of one day to the leave pool prior to requesting time from the leave pool for a period of one (1) year from the date of their employment with the City. 6. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-day basis, irrespective of whether the employee works an eight-hour or ten-hour shift. An employee using leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pool leave time granted shall be limited to 60 days in any 12 month period for each pool leave time recipient, except that requests from the Union for time in excess of 60 days to be granted from the leave pool to a recipient may be approved at the sole discretion of the City Manager/designee. 7. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall be returned to the leave pool and carried over to the next year. No donated pool leave time will be refunded to the donor. Section 5. Funeral Leave A. Each employee shall be allowed up to forty (40) hours funeral leave with no loss of pay and no charge against sick /injury leave in the event of a death in the “immediate family." Death in the "immediate” family shall be defined as a death of a spouse or domestic partner of record, as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster- child(ren), minor-guardianship(s), brother, sister, grandparent, grandchild, great-grandchild, stepparent, or stepchild. This is not chargeable to sick leave. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Page 26 B. Additional funeral leave for a death in the immediate family may be granted with the approval of the Police Chief. C. Each employee shall be allowed up to two (2) consecutive work days at any one time for a death of a member of the " extended family" chargeable to sick /injury leave. " Extended family" shall be defined as the following family members: stepbrothers, stepsisters; brother's wife; sister's husband or other family member living in the employee' s immediate household. Additional time, chargeable to sick /injury leave, may be granted with the approval of the Police Chief. D. An employee must attend the funeral in order to receive pay for a death in the family. Section 6. Military Leave Any regular or probationary employee in the classified service being inducted or otherwise entering the armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended, or of any other law of the United States, shall be granted military leave of absence without pay for the period of the military service required of him/her and on completion thereof, be reinstated in the City service in accordance with the following regulations: A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may be superseded by federal law: 1. For inductees, the minimum period of time required to be served; 2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of time required to be served; 3. For reservists, the minimum period of time required to be served. 4. For pre-induction physical examination when so ordered by a Selective Service Board,. time off shall be granted for the minimum period necessary to comply with such order but shall in no case exceed two (2) regularly scheduled work days; 5. For required active or inactive training duty as a member of the Reserve Component or the National Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up to a maximum of 240 hours per year without loss of seniority rights or efficiency rating. Absence from duty for required military reserve training in excess of 240 hours per year or for any non-required military reserve training for which the employee initially volunteered shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted by the employee to the Police Chief immediately upon receipt by the employee. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided above will be granted time off without pay. The employee shall be required to provide timely notice to the City of such training assignments. Failure to provide any of the timely notices herein required of an employee's military orders to the Police Chief shall be considered just cause for disciplinary action not to exceed a three (3) day suspension. Page 27 B. For the purpose of this Section, "armed forces" shall be defined to include: 1. The Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard. 2. The auxiliary services directly necessary to and actually associated with the armed forces of the United States, as may be determined by the City. C. Application for reinstatement must be made within ninety (90) calendar days from date of discharge or release, or from hospitalization continuing after discharge for a period of not more than one year. Such application shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable discharge or release. D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the following regulations: 1. If still qualified to perform duties of his/her former position, the employee shall be restored to such position or to a position of like seniority, status and pay; 2. If not qualified to perform the duties of his/her former position by reason of disability sustained during such service but qualified to perform the duties of any other position in the employ of the City, the employee shall be restored to such other position, the duties of which the employee is qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in his/her case. 3. In the event there exists no vacancy in the appropriate class and there is an employee in such class serving a probationary period who has not acquired regular status, then such probationary employee shall be laid off or returned to a former position in which the employee had acquired permanent status and the returning employee reinstated. 4. If a returning employee has regular status and cannot be reinstated under the provisions of paragraph (3) above, then the employee having been employed in the appropriate class for the shortest period of time shall be laid off or returned to a former position in which he/she had acquired permanent status and the returning employee reinstated. 5. A returning employee shall have the same status as prior to the beginning of his/her military leave. The employee shall be allowed to take any subsequently administered examinations after return that he/she would have been eligible to take had he/she not been on military leave and to complete any uncompleted period of probation. No grievance shall be filed by any other employee in connection with this paragraph. 6. The employee shall submit to such medical and/or physical examinations as the appointing authority shall deem necessary to determine whether or not such military service has in any way incapacitated him/her for the work in question; provided however, that as far as practicable any employee returning with disabilities shall be placed in such employment as the appointing authority shall deem suitable under the circumstances. 7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces shall not be reinstated to any position in the City service. Page 28 8. An employee granted a military leave of absence shall, insofar as possible, have all the rights and privileges he/she would have had if he/she had remained on duty including cumulative seniority, and except as otherwise provided in this Agreement, applicable Civil Service/Personnel Rules, or City benefit policies, all other benefits dependent on length of employment to the same extent as if the employee had not been absent on such leave. E. An employee returning from military service shall be reinstated to active City service at the earliest possible date following application for such reinstatement, consistent with the best interests of the City service and taking into consideration necessary adjustments of staff. However, in no event shall this period be more than thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon returning to work, to assign the employee to such training as is necessary in its judgment to ensure the employee's familiarity with job duties and knowledge. F. Eligible employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. Section 7. Time Off A. An employee shall be granted necessary time off from his/her duties with pay for any of the following reasons when such time off does not in the judgment of the Police Chief interfere with the operations of the Department: 1. For participation in promotional examinations held by the City. 2. For serving on a jury. The employee shall be required to furnish proof of such service and shall work any part of his/her regular schedule when not required to serve on said jury. 3. When directed by the City Manager or Police Chief to attend professional or other conventions, institutes, courses, safety meetings or other meetings, including in-service training or in-service meeting. Employees who wish to attend career development training may be granted time off from duty with pay to attend such training, however compensation for such training shall be in accordance with Article 7, Section 8 of this Agreement. B. An employee may be granted time off without pay for attendance at meetings other than those specified above or to attend to urgent personal business, provided that such employee shall request approval from the Police Chief in sufficient time to permit the Police Chief to make arrangements therefor, and further provided that such time off will not affect the efficient operation of the Department in the sole and unlimited discretion of the Police Chief. C. With the prior approval of the City Manager and Police Chief or his/her designee, and when the employee is acting in an official capacity on behalf of the City, an employee may be granted time off from his/her duties for acting as an active or honorary pallbearer at a funeral or for attendance at state funerals, funerals of City officials, or employees or their spouses, or for military or fraternal funerals. Such time off may be granted with or without compensation at the sole and unlimited discretion of the Police Chief and the City Manager or their designees. For the above occasions only, the Department shall provide all expenses for up to a total of two designated Honor Guard members from the Department, as well as transportation and fuel costs for any other Honor Guard members permitted to be released from duty in accordance with Department staffing requirements. Page 29 Time off with compensation under any of the provisions of this Agreement (including vacation and sick/injury leave) shall not be required to be made up. Section 8. Leave Without Pay A. A regular employee may, on written application therefor, be granted a leave of absence without pay upon the prior approval of the City Manager or his/her designee for any of the following reasons: 1. The physical or mental disability of the employee; 2. The employee has announced his/her candidacy for public office; 3. The employee is entering upon a course of training and/or study for the purpose of improving the quality of service to the City and/or of fitting himself/herself for promotion in the classified service; 4. Extraordinary reasons, sufficient in the opinion of the City Manager, to warrant such leave of absence. 5. In accordance with the Family and Medical Leave Act, eligible employees may take up to twelve (12) weeks of unpaid, job-protected leave to care for a newborn child, newly adopted child, or child with a serious health condition. Eligible spouses who work for the City are subject to the combined limitation of twelve (12) weeks as set forth in the Family and Medical Leave Act. B. Leave for any of the above reasons shall be subject to the following regulations: 1. Such leave shall not be granted for more than six (6) months, but may under the provisions of the paragraphs above be renewed upon written application therefore by the employee and approval of the City Manager. 2. An employee granted a leave of absence hereunder shall except as hereinafter provided be restored to his/her former position on the expiration of leave, or if requested in writing by the employee and approved by the City Manager, before the expiration thereof. 3. In the event that it is determined by the City Manager that it would not be in the best interest of the City to restore such employee to his/her former position or in the event that the former position has been abolished in the meantime, the employee shall be placed at the head of the reemployment list for the class or positions nearest approximating that in which he/she was employed immediately prior to such leave, provided the employee is physically and mentally qualified for such position. Should the names of two or more employees returning from leave be placed on the same reemployment list, the names shall be arranged in order of seniority. Page 30 ARTICLE 9 WAGES AND COMPENSATION Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. B. Rules for Administering the Pay Schedule Employees in the bargaining unit shall be eligible for performance review on their promotional anniversary date on an annual basis and considered for subsequent merit step advancement based on satisfactory evaluations, except as provided elsewhere in the provisions of this Section. Employees in the top step in their respective range shall not be eligible for merit increases; however, an annual performance evaluation shall be conducted on the employee's promotional anniversary date. Eligibility for review for within pay schedule increases shall be as follows: Police Sergeants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. Step 8 – At the end of one year of satisfactory service in step 7. Police Lieutenants Step 1 – Original appointment Step 2 – At the end of one year of satisfactory service in step 1. Step 3 – At the end of one year of satisfactory service in step 2. Step 4 – At the end of one year of satisfactory service in step 3. Step 5 – At the end of one year of satisfactory service in step 4. Step 6 – At the end of one year of satisfactory service in step 5. Step 7 – At the end of one year of satisfactory service in step 6. C. Responsibility for Performance Evaluations Performance evaluations shall be based on a review of the employee's job performance and adherence to departmental rules, regulations and procedures. Performance evaluations will be by the employee's immediate supervisor and reviewed by Police Department senior management personnel and the office of the Police Chief. D. Denial of Merit Step Advancement and Effect Upon Advancement Employees who receive an evaluation on their promotional anniversary date of less than Satisfactory shall not be granted a merit step advancement at the beginning of the payroll period which includes their promotional anniversary date. Such employees may be reevaluated after three Page 31 months, and if then rated satisfactory shall be granted a merit step advancement at the beginning of the payroll period which includes that date. The effective date of this increase shall be utilized for the purpose of determining subsequent annual merit review dates. If the three-month follow-up rating is still less than satisfactory, the employee shall be reevaluated in another three months. If then rated satisfactory, the employee shall be provided a merit step advancement as of the second three-month follow-up review. The effective date of this increase shall be utilized in the future as their promotional anniversary date for the purpose of determining subsequent annual merit review dates. If still rated less than satisfactory, no merit step advancement shall be made and the employee will be evaluated on his/her regular promotional anniversary date. E. Effective for the beginning of the payroll period that includes October 1, 2021, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2021 through September 30, 2022, employee shall advance in Step as provided for in Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Effective for the beginning of the payroll period that includes October 1, 2022, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2022 through September 30, 2023, employee shall advance in Step as provided in Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Effective for the beginning of the payroll period that includes October 1, 2023, the City shall provide a 3% general wage increase for all employees. Effective for the period from October 1, 2023 through September 30, 2024, employees shall advance in Step as provided in Section 1. Employees may not exceed the maximum annual rate of pay as provided in Appendix A. Any further step advancements after September 30, 2024 will be dependent upon and subject to negotiations in any successor Agreement. Section 2. Work Week and Overtime A. Normal Work Week: The normal work week for employees in the bargaining unit shall consist of forty (40) hours of working time. An FLSA authorized exception is an 84 hour 14 day work period when working 12-hour shifts. Generally, the employee will work five (5) days of approximately eight (8) hours per day, or four (4) days of approximately ten (10) hours per day or 12-hour shifts; however, the City and Department may otherwise establish and flex an employee's schedule as necessary in their judgment to best provide police services in an effective and efficient manner. No employee shall be sent home prior to the end of his/her regularly scheduled shift for the purpose of denying overtime pay; nor shall any employee have his/her work schedule altered in an arbitrary or capricious manner. B. Overtime: Employees shall be required to work overtime when scheduled or ordered by competent authority. Employees shall be paid time and one-half their regular rate for all hours worked after the employee has actually worked forty (40) hours in that work week. An authorized FLSA exception are 12-hour shifts. FLSA provides for an 84-hour, 14 day work period. Overtime accrues for hours worked in excess of 84. Overtime: Overtime will be paid for time worked in excess of 84 hours during the 14-day work period. Sick or Vacation time utilized during the same 14-day period will cause time worked in Page 32 excess of 84 hours to revert to straight time as is the current practice for the 40-hour work week. (Overtime accrual in excess of 84 hours exceeds the FLSA requirement). In the event 12-hour shift were to be implemented anywhere other than District I, the Pitman schedule would be utilized as has been the practice in District I. Only hours actually worked will count as hours worked for the purpose of computing overtime pay, unless otherwise specifically provided in this Agreement. Section 3. Compensatory Time Allowance Employees will be permitted to request to be granted compensatory time in lieu of overtime payment, up to a maximum cumulative accrual of 120 hours of compensatory time. At no time may an employee's total accrual of compensatory time exceed 120 hours. Compensatory time accrual will be at time and one half for each hour selected in lieu of premium overtime payment. Requests to use compensatory time shall be made to the appropriate Police Major or other employee's immediate supervisor. Compensatory hours off shall be considered as hours worked in computing overtime under this Article. Payment for compensatory hours will be made for all time exceeding the 120 hour limit, or for any hours when requested in writing by an employee. Employees shall be paid for all compensatory time upon separation from City service. Section 4. Shift Differential Employees shall be entitled to shift differential pay as follows: A. For purposes of computing shift differential pay, the following shift series and payments are established: Shift Series No. Hours Payment Per 14 Day Period 100 2400-0700 10% 200 0700-1600 0% 300 1600-2400 5% The shift differential payments shall be computed as a percentage of the employee's base pay. B. An employee's shift differential shall be determined by the shift series into which the majority of the weekly hours of his/her regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the employee's shift. Any employee working 12-hour shifts would receive the 10% differential if assigned to a team designated as night shift. Temporary shift or duty assignments of less than fourteen (14) calendar days shall not entitle an employee to shift differential pay. Employees shall maintain shift differential pay during temporary Series 200 shift or duty assignments of less than fourteen (14) calendar days. C. Shift differential pay shall be paid to any Sergeant regularly assigned to a Series 100 or 300 shift and shall not be prorated on account of vacation, holidays or other paid time off. Page 33 1. Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignments and specialty assignments. 2. No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at any given time. Bargaining unit members who are selected for FTO supervisor assignments shall be permitted to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants who are in special duty assignments such as Community Policing, Traffic Section, or the Special Operations Section are not included in the bidding process. An employee who is placed on light or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment until he/she resumes full duty status. The Police Chief may reassign any officer when such reassignment is in the best interest of the Police Department. Such reassignment shall be with proper justification. Section 5. Standby Pay A. Standby, other than court standby, for the purpose of this Section shall occur when the Police Chief or his/her designee places an employee on standby status and requires that the employee provides a telephone number at which he/she can be reached for the purposes of a Telephone Alert situation. B. An employee assigned to standby will receive a flat fee of: $50.00 per night, Monday through Friday (except Holidays) $100.00 per night for Saturday, Sunday, or any Holiday listed in Article 8, Section 1, Paragraph A of this Collective Bargaining Agreement. C. Only the Police Chief or his/her designee may place an employee on standby. This Section will only apply to Telephone Alert situations. Section 6. Recall Pay Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, or more than three (3) hours prior to the start of his/her regularly scheduled tour of duty, shall be guaranteed a minimum of two (2) hours pay or two (2) hours work. For the purpose of this Section, recall is defined as the unscheduled calling back or call in of an employee to perform needed work after the employee’s regular shift ends and the employee has already left the job or on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked and shall include any duty, detail, response to a lawful order for which the employee can be disciplined for his/her failure to comply. Recall specifically excludes court appearances. Efforts will be made to ensure that employees are not recalled within 8 hours of their last shift; If unavoidable, management will inquire as to the employee’s ability to perform their duties. Employees must advise management if they are unable to do so. Employees will be paid only for the actual time worked for any self-initiated police action taken while off duty and all such hours shall count as hours worked toward the calculation of overtime. Any employee recalled while on vacation shall be paid at time and one-half for all hours worked on the recall assignment. Page 34 Section 7. Acting Pay If an employee is assigned to act in a higher classification for more than two (2) consecutive complete payroll calendar work weeks (Saturday through Friday), the employee shall receive five (5) percent above the employee’s base pay retroactive to the date the employee assumed the Acting status. When a bargaining unit employee is designated to serve in an acting capacity as a Police Major, such employee shall remain eligible to receive shift differential pay, overtime, and assignment pay. Any provisions of this Agreement which restrict the City's ability to schedule hours of work or shifts shall not apply. Section 8. Job Assignment Pay A. Sergeants who are assigned to the Community Policing Squads, Criminal Investigations Division, Office of the Chief, Support Services Division, Traffic Unit, Canine Unit, Special Operations, and the Field Training and Evaluation Program shall be granted job assignment pay at 5% over the employee’s current base rate of pay. B. Sergeants who are assigned to Mobile Command Center operator, Patrol Support Supervisor, SWAT Team, or Traffic Homicide Investigator shall be granted job assignment pay of the following amounts in addition to the employee’s current base rate of pay: October 1, 2021 through September 30, 2024 - $40 per payroll period C. An employee may participate in more than one Job Assignment but may not receive more than one Job Assignment Pay differential from group (A) above nor more than one Job Assignment Pay differential from group (B) above, but may receive one Job Assignment Pay differential from group (A) above in addition to one Job Assignment Pay differential from group (B) above. Bargaining unit members designated as certified Bi-Lingual in accordance with department specifications shall be provided $50.00 per payroll period in addition to the employee’s current base rate of pay over and above the assignment pay differentials listed above. D. The above referenced Sergeant’s assignments shall be made at the discretion of the Police Chief from a list of interested candidates who have been determined to be qualified for such based on criteria developed by the Department. The number and duration of such assignments may vary and shall be at the discretion of the Department. Should reduction of the number of employees in an assignment be necessary, such reduction shall be based upon the bargaining unit seniority of the employees in the affected assignment. Section 9. Canine Assignment A. Employees covered by this Agreement who are assigned as canine officers shall normally work for seven hours and fifteen minutes per work day for five (5) days per week on regular duty with or without their canine(s). On those regular work days, they shall also be credited with forty-five minutes work time for time in the care and handling of their canine(s). This time shall be the customary and average amount of time spent by a canine officer on a duty day. On the Page 35 officers' days off from regular duty, they shall be credited with 30 minutes of work time for time in the care and handling of their canine(s). Such time shall be based on their regular rate of pay and shall be paid at straight time or an overtime rate depending upon total hours worked during the week. It is recognized that on off-duty days the officer's responsibilities for care and maintenance are reduced. B. Advance approval shall be required from the appropriate Police Major or higher level manager before a canine officer can work any additional overtime in care and maintenance activities. C. No work time is to be used by an officer to prepare or train for participation in canine demonstrations or competitions, except as scheduled by the Department in accordance with standard operating procedures established by the Department and approved by the Police Chief. In the sole discretion of the Police Chief, canine officers may be scheduled to attend demonstrations or competitions. Time involved in demonstrations or competitions shall be limited to the officer's regular weekly duty hours (40 hours) unless previously approved in writing by the Police Chief or his/her designee. Due to the scheduling of demonstrations or competitions, hours and/or days of work are subject to adjustment to meet the circumstances at hand. D. Assignment and the removal of assignment as a canine officer is the sole prerogative of the Police Chief or his/her designee, and assigned pay shall only be provided during the period of such assignment as authorized by the Police Chief or his/her designee. E. All Department Standard Operating Procedures relating to canine use, care, maintenance, and other aspects of the program as established by the Police Chief shall apply. F. Effective October 1, 2021 to September 30, 2024, a monthly allowance of $125.00 shall be provided for each dog kept at the employee’s home for supplemental food, medical grooming, pest control, and related needs associated with care of the canine. Section 10. Court and Standby Time Any employee who is subpoenaed or otherwise required to appear for a remote video deposition or other court proceeding by remote video conference as the result of a matter arising out of the course of his/her employment shall receive payment for the greater of a minimum of one (1) hour or actual time worked if such attendance is during the employee’s regularly scheduled time- off. The start time will begin at the time scheduled on the subpoena and end at the conclusion of the deposition or court proceeding. This provision does not apply if the video conferencing requires the employee’s physical appearance at the State Attorney’s Office, Public Defender’s Office, private attorney’s office, or Driver’s License hearing. Any employee who is subpoenaed or otherwise required to appear in county or circuit court as the result of a matter arising out of the course of his/her employment shall receive a minimum of three (3) hours pay if such attendance is during the employee's regularly scheduled time-off. This provision shall also apply when the employee is subpoenaed or otherwise required to appear at the State Attorney's Office, Public Defender's Office, private attorney's office, or Driver License hearing in a criminal, traffic, or civil case arising from the employee's course of employment. When an employee is Page 36 subpoenaed or otherwise required to appear at the State Attorney’s Office at the Police Department during his/her regularly scheduled time off, the employee will receive a minimum of two (2) hours pay. All time paid for any court attendance will count as time worked toward the calculation of overtime. Travel time outside of required scheduled work hours in response to subpoenas in Pinellas, Pasco, or Hillsborough counties is not compensable. Travel time outside of required scheduled work hours in response to subpoenas outside of Pinellas, Pasco, or Hillsborough counties will be paid in accordance with FLSA regulations. The three-hour minimum does not apply if prior to the end of the three-hour period: (a) The employee reports for duty. Standby pay stops at the time the employee reports for duty or court. (b) The employee shall be notified via email or telephone as determined by the Court Liaison and told to report to court within the three-hour period or as soon as possible. Court standby pay stops when the employee is notified and court time starts when the employee arrives at court. (c) If the employee is notified to report to court at a future time, the employee receives standby pay for the three-hour minimum or actual time in excess of three hours. Court time starts at the employee’s scheduled appearance time (with the exception of being late). Standby time shall be excluded from hours worked computations. Section 11. Line-of-Duty Injury Pay The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following definitions, terms, and conditions: (a) Line-of-Duty Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Worker's Compensation Law. (c) The amount of line-of-duty compensation paid shall be the amount required to supplement funds received from the Florida Worker's Compensation Law and any other disability or other income plan provided by the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein provided and all other payments herein described equal the employee's regular rate of pay at the time of the injury. Regular rate of pay for workers' compensation purposes is defined as base pay and any assigned pay if regularly assigned, but not shift pay. (d) No line-of-duty compensation under this Section shall be allowed for the first seven (7) calendar days of disability; provided however, that if the injury results in disability of more than twenty-one (21) calendar days, line-of-duty compensation shall be paid from the commencement of the disability. In such case, the sick/injury leave taken by the employee will be credited back to the employee's accrued sick/injury leave account. (Changes in workers' compensation law will modify this paragraph accordingly.) Employees shall be required to Page 37 utilize accrued paid leave time to supplement funds received from the Florida Workers Compensation Law in order to maintain a paid status. Employees shall be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the time of the injury. (e) The term disability as used in this Section means incapacity because of the line-of-duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supplemental compensation for line-of-duty injuries only, and this Section shall not be construed to provide compensation in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he/she been on the active status. Any time taken off for follow-up doctor visits or therapy due to a line-of- duty injury when coordinated through established Risk Management procedures shall not be charged to the employee’s sick leave and shall be considered as time worked. In the event of any dispute or disagreement concerning the interpretation of this Section, then the decisions concerning definition of the terms of this Section issued under the Florida Worker's Compensation Law shall control. (g) The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to receiving or continuing to receive compensation under this Section. (h) Failure to report a line-of-duty injury to the employee's immediate supervisor, or to the Risk Management Division within twenty-four (24) hours of the time of occurrence of the injury shall result in a loss of all line-of-duty pay under Article 13 unless such failure to report was: (a) caused solely by and as a direct result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee had no control in the opinion of the City Manager. It shall be the employee's responsibility to prove the injury occurred while on duty. (i) Any provisions of this contract to the contrary notwithstanding, should any provision of this contract be inconsistent with the terms of the Florida Workers' Compensation Law (Chapter 440, Fla. Statutes), the Florida Rules of Workers' Compensation Procedure (Fla. R. Work Comp. P), Florida Department of Labor and Division of Workers' Compensation Rule 38 or any other state or federal law or regulation now in force or hereinafter enacted, then such provision of this contract shall be null and void and of no legal force or effect. Section 12. Uniforms and Plain-Clothes Allowance A. Uniforms: The City shall continue to provide the uniforms and equipment currently provided by the City, except that the City may make changes in styles or update equipment as it deems appropriate. B. Plain-Clothes Allowance: Employees assigned to positions outside the uniform patrol division and who are not issued uniforms or other clothing by the department shall receive a plain-clothes allowance of $900 each year for Fiscal Years 2021/2022, 2022/2023, and 2023/2024. Plain-clothes allowance shall not be paid to employees on temporary or rotational assignments. Page 38 C. Persons transferred to plain-clothes duty shall be permitted to retain at least one uniform. D. The City may determine the most appropriate way to pay uniform allowance; e.g., biweekly, monthly, quarterly, annually. Further, the City may change the manner in which the allowance is paid provided that employees are given not less than thirty (30) days' notice of the change and that the change does not reflect a reduction in the annual amount to be paid. Section 13. Tuition Refund Program Members of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City's Tuition Refund Program up to an amount of $1,700 per fiscal year for the period from October 1, 2021 through September 30, 2024, subject to meeting the approval and eligibility requirements of the City's program. However, the City shall reimburse up to $2,000 per year for tuition fees of approved courses in a Master’s Degree level program for the same period. Employees in the bargaining unit must execute an Agreement to repay to the City any amount of Tuition Refund exceeding $650.00 reimbursed in a fiscal year period should such employee separate from the City within two (2) years of receipt of reimbursement. In the event that an employee separates from the City by retirement and opts to receive an extended sick/injury leave benefit, separation for the purpose of repayment of tuition refunds shall date from the employee's last actual work day and not the effective date of retirement. ARTICLE 10 INSURANCE The City agrees to meet with the Union and other City of Clearwater Unions' representatives to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the Union with such information as it has available as would be required to formulate such a benefit package and to cooperate with the F.O.P. to obtain pertinent information from the present carrier and the insurance consultant. Any information received by either party from the consultant or another carrier will be shared with the other party. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount approved for the plans approved by the City Commission. The City agrees to maintain the current Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. The City agrees to continue to pay the premiums for group life insurance valued at a minimum of $2,500 per employee. Effective April 1st, 2007, the City shall no longer permit any new enrollment Page 39 in the 1% Life Insurance Program. Bargaining unit employees who are enrolled as of April 1st, 2007 may continue to participate provided they maintain their participation on a continuous basis thereafter. Any employees who currently participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at a later date. All life insurance premium contributions and plans currently in force shall continue for the duration of this Agreement. The selection of an insurance company shall be of the employee’s choice from the companies offered by the City as approved by the Insurance Committee. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee who has successfully completed his/her probation period or extended probationary period as a Police Sergeant or Police Lieutenant shall be demoted, suspended or dismissed without just cause. All discipline will be for just cause and consistent with due process. Employees have a right to Union representation at any time they believe a meeting may lead to disciplinary action. The employee or city may refer to the employee’s entire work history and the outcomes of similar discipline cases involving the employee or other employees of the same bargaining unit when opposing or supporting discipline. Section 2. An employee may also be issued a non-disciplinary “Letter of Reprimand” by his/her Division Head. Prior to a Letter of Reprimand being placed in an employee's file, a Police Sergeant will have the right to confer with the Division Head and a Police Lieutenant will have the right to confer with the Deputy Chief regarding the proposed Letter of Reprimand. The Letter of Reprimand will be retained in the employee’s Department file for the period of time specified by State of Florida public records laws and may only be used for future disciplinary action during that period (generally 3 years). Section 3. Performance, behavior management, and disciplinary procedures shall be found in the current Police Department SOP’s and General Orders 211, 212, and 213. The City will notify the Union of any proposed change to the system of discipline or performance management. The Union will within a reasonable amount of time notify the City in writing of the specific impact of the proposed change and the intent of the Union to bargain the impact of the change to the system. Proposed changes will be consistent with sound personnel practice and may be implemented by the City provided that mandatory and permissive bargaining requirements have been met. The Police Department and the Union will continue the practice of Labor Management meetings to resolve these types of issues. The City acknowledges the right of the employee or Union to grieve the application of the process or the application of any individual performance or behavior management standards. Section 4. The City will continue its current practice of allowing the affected employee to give a brief oral statement to an accident review board. Page 40 ARTICLE 12 DRUG AND ALCOHOL POLICY Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job poses risks to the employer, the affected employee and coworkers. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Police Majors and other management personnel are trained to recognize the symptoms of drug abuse, impairment and intoxication. Section 2. City’s Drug and Alcohol Program Policy A. The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. B. References to CDL and “safety-sensitive” employees and positions shall not apply to F.O.P. bargaining unit members unless required by law. As such, F.O.P. bargaining unit members shall not be subject to the following provisions of the City Drug and Alcohol Program Policy unless required by law or agreed to by the parties: Section II, B. Section II, C. Section II, E. 2. Section II, E. 4. Section 3. Drug Testing Upon Designated Assignments A. Bargaining unit members shall, when assigned to the Vice & Intelligence Unit, have a drug test administered. Additionally, such bargaining unit members shall have an annual drug screening as part of their annual physical. When an employee tests positive on the screening test, the sample shall be submitted for a confirmation test. 1. The drug screening will be performed utilizing urine samples unless the employee, at his/her option, requests a blood test in lieu of a urine test. 2. Urine and blood samples shall be drawn or collected at a City-designated facility. 3. All testing shall be done by a laboratory certified by NIDA. Page 41 C. Assignment to Vice & Intelligence or removal from same shall be at the sole discretion of the Police Chief, regardless of the drug screening/confirmation findings. D. In the event that a Vice & Intelligence officer was required, as a course of his/her employment to imbibe in alcoholic beverages or ingest secondhand marijuana, hashish, crack, cocaine smoke, or smoke from any other controlled substance, within 48 hours of a scheduled drug screening test, the test shall be postponed for one week. The officer shall be responsible for advising his/her supervisor of the occurrence of such an incident as soon as practical. ARTICLE 13 RETIREMENT Section 1. Employees shall participate in either the City Pension Plan or the Federal Social Security program as established by provisions of those programs. Should the City subsequently establish an alternate plan to the existing City Pension Plan which is made available to City employees in the City Pension Plan, bargaining unit members may elect to convert to the alternate plan consistent with the provisions of the conversion procedure. Section 2. Retirement Advancement A. The City and the Union agree that prior to retiring an employee may use his/her vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of retirement. B. The employee will be considered a regular employee for service credit to the pension plan. The City and the employee will continue to contribute to the pension plan. C. During the period of “retirement advancement”, the employee will not be eligible to receive or accrue any benefits except retirement credit. The benefits that will stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’ compensation, allowances, reimbursements, and special payments of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority shall be defined as the length of continuous service in full-time City employment and will continue to accrue during all types of leave of absence with pay and other leaves when specifically provided in this Agreement. Seniority in rank will be utilized to determine vacation selection, selection of floating holidays, and for bidding for shift assignments, provided that skills and qualifications are substantially equal and except as provided in Section 2 hereof. Section 2. Bargaining unit members shall be permitted to bid shift assignments by seniority in rank but the Department reserves the right, based on its determination of operational demands to ensure that officers with specialized skills are appropriately deployed among the shifts and to ensure that officers with limited tenure in their job classification are distributed relatively evenly among the shifts. The Department reserves the right to designate up to four field training supervisors which will be distributed as follows: 3. One FTO supervisor permanently assigned to an FTO team in District II Page 42 4. One FTO supervisor permanently assigned to an FTO team in District III 5. Two “floating” FTO supervisor positions allocated to the regular patrol shift bid assignments and specialty assignments. 6. No more than one FTO Sergeant will be permitted to occupy the midnight relief shift at any given time. Bargaining unit members who are selected for FTO supervisor assignments shall be permitted to bid among themselves by seniority in rank for the FTO supervisor assignments. Patrol Sergeants who are in special duty assignments such as Community Policing, Traffic Section, Camera Program Supervisor, or the Special Operations Section are not included in the bidding process. An employee who is placed on light or restricted duty shall have bidding rights for shift assignments, but has no assurance of the assignment until he/she resumes full duty status. The Police Chief may reassign any officer when such reassignment is in the best interest of the Police Department. Such reassignment shall be with proper justification. Section 3. An employee shall lose his/her status as an employee and his/her seniority if the employee: (a) resigns or quits; (b) is discharged or terminated (unless reversed through the grievance or arbitration process); (c) retires; (d) does not return to work from layoff within ten (10) calendar days after being notified to return by certified mail addressed to his/her last address filed with the Human Resources Department; (e) is absent from work, including the failure to return from leave of absence, vacation or disciplinary action, for three (3) consecutive working days without notifying the Department, except where the failure to notify and work is due to circumstances verified as being beyond the control of the employee and which are acceptable to the City. Section 4. In the event that the City determines layoffs are necessary, all emergency, temporary, provisional or probationary employees shall be laid off before any regular status employee serving in the same class. If reduction in force requires further layoffs, the order of such layoffs shall be determined by seniority in rank. An employee who is in a position that is subject to layoff shall have the option to revert to the position held within the Police Department prior to promotion to his/her current position, or to another sworn position of lower classification within the Police Department for which he/she is qualified. If this movement requires further reduction in force, the applicable bargaining agreement for the affected employees shall govern. No new employee shall be hired or promoted to the classifications of Police Sergeant or Police Lieutenant until all Police Sergeants and/or Lieutenants on layoff or demoted from those ranks in lieu of layoff have been given an opportunity to return to work in their former Police Sergeant or Police Lieutenant position and seniority date, provided that after one year of layoff such employees shall cease to accrue seniority and that such reemployment rights shall cease after two years from the date of layoff. Page 43 i APPENDIX A POLICE SERGEANT PAY RANGE A-10 Step October, 2021 Hourly October, 2022 Hourly October, 2023 Hourly 1 $37.8808 $39.0172 $40.1878 2 $39.3962 $40.5780 $41.7954 3 $40.9715 $42.2007 $43.4667 4 $42.6106 $43.8889 $45.2056 5 $44.3151 $45.6446 $47.0139 6 $46.0877 $47.4703 $48.8944 7 $47.9312 $49.3691 $50.8502 8 $49.8484 $51.3438 $52.8842 POLICE LIEUTENANT PAY RANGE A-20 Step October, 2021 Hourly October, 2022 Hourly October, 2023 Hourly 1 $48.1845 $49.6301 $51.1190 2 $50.1122 $51.6155 $53.1640 3 $52.1366 $53.7007 $55.3118 4 $54.2220 $55.8486 $57.5241 5 $56.3909 $58.0826 $59.8251 6 $58.6466 $60.4059 $62.2181 7 $60.9924 $62.8221 $64.7068 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9563 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2022, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement and the City of Clearwater have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of February 28, 2022. This agreement allows for the reimbursement of certain expenses incurred by the City of Clearwater. The Financial Assistance Agreement between the Florida Department of Law Enforcement (Department) and the City of Clearwater outlines the eligible costs available for reimbursement by the Department and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, it is required to come before Council for approval: The agreement provides for reimbursement of overtime (salaries and benefits) and expense (travel and training) Funds will be reimbursed up to an annual maximum of $12,500 per task force participant If the total monetary amount of the grant and state financial assistance provided to the City of Clearwater is equal to or exceeds $750,000 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida State Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9577 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Authorize the trade-in to GT Distributors, Inc. of Austin, TX for twenty-one used Glock 42 pistols with 2 magazines, and TruGlo Sights, in the trade-in amount of $5,859.00, pursuant to City Code of Ordinances 2.623 (6) and (7)(e) Disposal and disposition of surplus tangible personal property, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Police Department purchased its current model firearm (Glock 42, .380 caliber) assigned to undercover personnel in 2015. Five years is the average duty life of standard police weapons before safety and maintenance problems begin to occur. Though the Police Department has not, as of yet, experienced any maintenance problems with the current Glock 42, subsequent to a department-wide transition to the Glock 45 (9mm) pistol in 2019 (for sworn personnel), an employee-based committee began reviewing the applicability of the Glock 42 for service within the Department for undercover personnel. After several months of review, the committee recommended that the department’s undercover personnel transition from the Glock 42 to the Glock 43x (9mm) pistol. The rationale for this transition is to consolidate department firearms platforms to the more effective 9mm round which is already being purchased by the department, provide for a weapon mounted lightning system for undercover personnel, and the age of the current platform (already six years of service). Of the firearms dealers contacted, GT Distributors, Inc. has submitted the most competitive pricing with trade-in allowance for this purchase. The direct price of the Glock 43x pistol from GT Distributors, Inc. is $425.49/each with a trade-in value for the department’s current undercover weapons (in their current condition) of $279.00/each. In accordance with City Code 2.623, Disposal and disposition of surplus tangible personal property, the Police Department requests to declare as surplus and authorize the trade-in of its twenty-one Glock 42 (.380 caliber) handguns, to help offset the cost of the new firearms. It is anticipated these trade-in weapons will be refurbished and re-sold to authorized purchasers. In replacement, the Police Department seeks to purchase nineteen Glock 43x firearms in an amount of $8,084.31 and nineteen Streamlight Compact Weapon Lights in an amount of Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9577 $2,177.40 with a trade-in amount of ($5,859.00) for a total purchase of $4,402.71. The lightning system is functionally similar to our existing Patrol equipment. Glock offers a limited lifetime warranty in relation to law enforcement firearms. All undercover personnel will be required to attend mandatory firearms training with the Glock 43x, before they are deployed in the field. APPROPRIATION CODE AND AMOUNT: The department anticipated this purchase and has funding available, in the amount of $4,402.71, through P1802 - Police Equipment Replacement. Page 2 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9581 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $599,530, which includes a contingency, for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2021 through September 30, 2022 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreements have covered forensic crime scene processing, latent fingerprint examination, property and evidence storage, and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2021-2022 is $563,837. The proposed contractual agreement again reflects a 3.2% increase with the following associated costs: Forensic Science Services (Crime Scene Processing) = 1,100 calls for service at $254.71 each, totaling $280,181. Fingerprint Services - 1,200 cases at $93.63 each, totaling $112,356. Property and Evidence Storage - 10,000 items at $13.14 each, totaling $131,400. Pinellas Juvenile Assessment Center (PJAC) - 475 juveniles transported at $84.00 each, totaling $39,900. The contingency amount of $35,693 will cover any calls for service which exceed those outlined in the proposed contract and invoices for excess services will be issued separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the city. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement and contingency funds are included in the Police Department’s fiscal year 2021-2022 operating budget request for cost code, 0101155-530300, contractual services. Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9578 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order to CDW Government, LLC (CDW-G) of Vernon Hills, IL in the amount of $382,110.00 for the purchase of Fortinet hardware, software, and maintenance , pursuant to City Code of Ordinances Section 2.563(1)(c) - Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Information Technology Department currently uses Fortinet firewalls within its computer network architecture and is expanding deployment of devices to facilitate cyber-security needs and comply with mandatory security designs for public safety systems. CDW-G is an authorized distributor of Fortinet products and services. The maintenance for Fortinet over a 3-year period, totaling $299,997.00, will be procured using the Omnia Contract No. MA3458, Online Marketplace, valid through May 5, 2025. In addition, two new Fortinet firewalls will be purchased, totaling $32,113.00, to facilitate internet connections for the Clearwater Police Department’s Real Time Crime Center. These firewalls will be procured through National IPA Technology Solutions Contract No. 2018011-01, Information Solutions and Services, valid through February 28, 2023. A $50,000.00 contingency is requested for professional services and hardware/software items needed in response to evolving security issues. APPROPRIATION CODE AND AMOUNT: Current years expenses are budgeted within the Network Services cost center (55509862), and future years will be included in the IT Admin Services operating budget. Page 1 City of Clearwater Printed on 8/27/2021 State of Utah Contract # MA3458 for Online Marketplace with CDW Government LLC Effective: May 6, 2020 The following documents comprise the executed contract between the State of Utah and CDW Government LLC effective May 6, 2020: I. Vendor Contract and Signature Form II. Supplier’s Response to the RFP, incorporated by reference Michael Glenn 801-957-7137 NA michaelglenn@utah.gov Division of Purchasing Contact Person Telephone Number Fax Number Email Attachment A Online Marketplace Scope of Work Background: This contract is in place in order for end users to receive access to the Contractor’s Online Marketplace. This contract utilizes a dynamic pricing structure in which the price for items is what is currently listed on the digital marketplace and is driven by the market. Categories: The contracts include four (4) awarded categories: 1) Education-Based Accessories, Display, Products and Related Supplies Items related to products and supplies used in an education-based setting which may include but is not limited to: animal and pet supplies, art supplies, craft products, books, lesson plans and curriculum, school equipment, white boards, blackboards, teaching material, and other related products. 2) Information Technology-Peripheral Devices and Related Products Product-based supplies and solutions that involve information technology peripheral devices which may include but is not limited to: mouse, copiers, printers, cameras, video cameras, microphones, speakers, keyboard, multifunction printers, scanners, plotters, and other related items. Items in this category should not connect to a user’s network. It is the end user’s responsibility to ensure items in this category are not connected to a network. 3) Maintenance, Repair and Operations Products (MRO) Product-based items related to the maintenance, repair, and/or general operations that include but is not limited to: building materials, hardware, cabinets, motors, pumps, paints and coatings, plumbing equipment, power tools, windows, doors, cleaning products (to include green and dye- free), carpet care products and supplies, restroom care products and supplies, waste receptacles and liners, industrial tools and supplies (such as carts, dusters, brushes, spray bottles, squeegees, and gloves), rags, wipes, and related supplies. 4) Office-Based Accessories, Décor, Products, and Related Supplies Items that could be utilized in an office-like setting and used on a semi-regular basis which may include but is not limited to: binders, folders, filing materials, storage, calendars, paper (copy, printer, photo, and presentation), notebooks, labels, post-it notes, shipping materials, envelopes, staplers, staples, paper punches, paper clips, scissors, rubber bands, cash register and thermal rolls, ink, toner cartridges, pens, pencils, markers, framing, tabletop or floor lamps, mirrors, general signage, wall décor, display cases, area rugs, mats, and other office related products. Attachment B (Award Categories by Contract) has the breakdown of which contracts were awarded which categories. This contract may only be used to purchase items that fall within the category/categories that the contractor was awarded for. Contract Deliverables: Contractor will provide the following deliverables for the contract:  Online Marketplace: Contractor will provide a digital marketplace for users of this contract to order supplies through.  Order Fulfillment: Contractor will fulfill orders from beginning (ordering of products) to end (delivery to requester).  Digital Analytics: Contractor will provide some form of data analysis on ordering trends, user groups, etc.  Ability to Restrict Categories: In order to maintain the scope for the contract, contractor will restrict certain items (IT, furniture, etc.) as designated by participating end users as needed by each end users laws and applicable rules. Dynamic Pricing: The contract pricing will be established by overall market trends to ensure that the end users and their entities are continually receiving the best value. This contract will not need to be amended for price when the market goes up or down due to the market establishing the best value possible. Terms and Conditions: Terms and Conditions for this Master Agreement were negotiated by Omnia Partners in the Administration Agreement for the contract portfolio. Terms and Conditions specific to a participating entity will be negotiated with the contractor, by the participating entity, prior to the participating agreement being signed. Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MHHN719 8/11/2021 FORTNET AFTER AUG 1ST 0590071 $299,997.00 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE FORTINET CUSTOM COTERM 1 5017409 $299,997.00 $299,997.00 Mfg. Part#: FORTICO-TERM TERM START TERM END2021-09-16 2024-09-15 Pricing Good For After Aug 1st purchase 36 MONTH RENEWAL Omnia Contract Number: MA3458 PURCHASER BILLING INFO SUBTOTAL $299,997.00 Billing Address:CITY OF CLEARWATERFINANCE DEPTPO BOX 4748CLEARWATER, FL 33758-4748 Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $299,997.00 DELIVER TO Please remit payments to: Shipping Address: CITY OF CLEARWATERINFORMATION SERVICES100 S MYRTLE AVECLEARWATER, FL 33756-5520Phone: (727) 562-4630 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $299,997.00 $7,961.92/Month $299,997.00 $9,218.91/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Page 2 of 2 Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry datafrom numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2021 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 City of Mesa, AZ Contract # 2018011-01 for Information Technology Solutions and Services with CDW Government, LLC Effective: March 1, 2018 The following documents comprise the executed contract between the City of Meza, AZ and CDW Government, LLC., effective March 1, 2018: I.Executed ContractII.Mayor and Council ApprovalIII.Supplier ResponseIV.Original RFP OFFICE OF THE CITY CLERK COUNCIL MINUTES February 5, 2018 The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m. COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT John Giles David Luna Mark Freeman Christopher Glover Francisco Heredia Kevin Thompson Jeremy Whittaker None Christopher Brady Dee Ann Mickelsen Jim Smith Mayor’s Welcome. Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life). Pledge of Allegiance was led by Councilmember Thompson. Awards, Recognitions and Announcements. There were no awards, recognitions or announcements. 1. Take action on all consent agenda items. All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda. It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved. Carried unanimously. *2. Approval of minutes from previous meetings as written. Minutes from the January 8, 11, and 22, 2018 Council meetings. Regular Council Meeting February 5, 2018 Page 2 3. Take action on the following liquor license applications: *3-a. It Ain’t Chemo This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1) *3-b. AMC Superstition East 12 A multi-screen cinema is requesting a new Series 6 Bar License for American Multi- Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6) *3-c. ATL Wings A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4) *3-d. Elgin Distillery This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) *3-e. Village of Elgin Winery This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) 4. Take action on the following off-track betting license application: *4-a. Turf Paradise, TP Racing LLLP New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant: Vincent Acri Francia. (District 1) 5. Take action on the following contracts: *5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide) This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approximately 65-70 positions eligible to participate in this program. The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage. Regular Council Meeting February 5, 2018 Page 3 *5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide) This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department. The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage. *5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide) The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded-in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit. The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital-General Fund and authorized 2013 Public Safety Bonds. *5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide) These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in-house and, at this time, contracting continues to be in the best financial interest of the City. The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage. *5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide) This contract will establish a list of pre-qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis. The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage. Regular Council Meeting February 5, 2018 Page 4 *5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide) This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project. The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25. *5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide) This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high-end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering. Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract. A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police-Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage. *5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide) Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies. The Business Services Department and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage. *5-i. Re-Award the Three-Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide) This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements. Regular Council Meeting February 5, 2018 Page 5 The Police Department and Purchasing recommend re-awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage. *5-j. Purchase of Falcon District Brand Signage as requested by the Economic Development Department. (Citywide) Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202. Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport. The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax. *5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide) These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance. The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax. *5-l. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide) This contract provides Itron radio-based endpoint encoders and accessories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually. The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage. *5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide) This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant. The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage. Regular Council Meeting February 5, 2018 Page 6 *5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide) This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for temporary construction water service and dust control purposes. The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage. *5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide) The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands. Staff recommends awarding the contract for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds. *5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4) The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced. Staff recommends awarding the contract for this project to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program. *5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4) To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made. The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa will participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible Regular Council Meeting February 5, 2018 Page 7 for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians. This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time. Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation (Federal) Grant under the Railway-Highway Grade Crossing. 6. Take action on the following resolutions: *6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088. *6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089. *6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090. *6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN-Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091. *6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092. *6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093. Regular Council Meeting February 5, 2018 Page 8 7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public hearing on this ordinance: *7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side). Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres). Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 6-0) 8. Discuss, receive public comment, and take action on the following ordinances: *8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side). Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side). Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI-AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx-Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request will allow the development of a new multiple-residence building in an existing multiple-residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) 9. Take action on the following subdivision plat: *9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and the 900 to 1200 blocks of South Los Alamos (west side). Located east of Regular Council Meeting February 5, 2018 Page9 Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres). KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer. Items not on the Consent Agenda 10. Items from citizens present. There were no items from citizens present. 11. Adjournment. Without objection, the Regular Council Meeting adjourned at 5:57 p.m. ATTEST: DEE ANN MICKELSEN, CITY CLERK ~ ~AYOR I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of February, 2018. I further certify that the meeting was duly called and held and that a quorum was present. DEE ANN MICKELSEN, CITY CLERK js Page 1 of 32 AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2018011 INFORMATION TECHNOLOGY SOLUTIONS & SERVICES CITY OF MESA, Arizona (“City”) Department Name City of Mesa – Purchasing Division Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 400 Mesa, AZ 85201 Attention Sharon Brause, CPPO, CPPB, CPCP Senior Procurement Officer E-Mail Sharon.Brause@MesaAZ.gov Phone (480) 644-2815 Fax (480) 644-2655 AND CDW GOVERNMENT LLC, (“Contractor”) Mailing Address 230 N. Milwaukee Ave Vernon Hills, IL 60061-9740 Remit Address 75 Remittance Dr, Suite #1515 Chicago, IL 60675-1515 Attention Jumana Dihu, Program Manager E-Mail jumdihu@cdwg.com Phone (312) 547-2495 Fax (312) 705-9437 Website www.cdwg.com Page 2 of 32 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to solicitation (“Agreement”) is entered into this 28th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CDW GOVERNMENT LLC, an Illinois limited liability company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. RECITALS A. The City issued solicitation number 2018011 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then- current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then- current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an order. Title to Products and risk of loss or damage during shipment pass from Contractor to City upon delivery to the destination specified on the applicable purchase order (F.O.B. Destination, freight prepaid and allowed). Contractor agrees to deliver all products to be delivered F.O.B. destination, freight pre-paid and allowed to various locations throughout the City. In many cases within the City, the Contractor may be asked to deliver all products to the front counter within a given department. For special orders, the Parties agree to negotiate in good faith an alternative delivery date when necessary. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the City's rights therein are contained in the license agreement between such licensor(s) and the City. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise Page 3 of 32 stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Parties shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein. 3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one- time purchase; (ii) procurement card; (iii) Delivery Order or Blanket Purchase Order for a requirements contract where multiple as-needed orders will be placed with the Contractor; (iv) Executed Statement of Work (SOW); or (v) Executed Cloud Service Order (CSO) Form. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. Unless explicitly stated in a separate writing executed by the Parties, the terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below. 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order. a. Amendments to the Agreement b. Agreement c. Exhibits 1. Mesa Standard Terms & Conditions (Exhibit C) 2. Pricing (Exhibit B) 3. Scope of Work (Exhibit A) 4. Other Exhibits not listed above d. Solicitation including any addenda e. Contractor’s Response 5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term. 6. Pricing. Contractor’s pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and Pricing will include all charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a product is discontinued, Contractor will provide a product of the same or greater functionality, utilizing the discount structure. It is the Contractor’s responsibility to provide the City with an up-to-date price list for the duration of the Agreement. 6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the materials/service including transportation, insurance and Page 4 of 32 warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. 6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment; therefore, Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the sixty (60) day period prior to the expiration of the then-current term date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. 6.3 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the Subsection 6.2. There is no guarantee the City will accept a price adjustment. 6.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable taxes; and j. Total amount due. 6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. Page 5 of 32 6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 7. Insurance. 7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 7.2 Nothing in this Section 7 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 7.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 7.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement. 7.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 7.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 7.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 7.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 7.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 7.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City Page 6 of 32 with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. 7.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 7.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. 8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within three (3) business days of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of materials, or performance of services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so. 9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C. 10. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 11. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions. 12. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the EXHIBIT A SCOPE OF WORK Page 8 of 32 1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications: a. A full range of information technology solution products and services to meet varying requirements of governmental agencies. b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis. d. Have a demonstrated sales presence. e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet ordering and billing capabilities. f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following: a. Online b. Telephone c. Fax d. Email 3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including, but not limited to, the following categories: a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba. b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work. Product will include the operating system license, software media and documentation in the hardware shipment. d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1, T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell, Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems. EXHIBIT A SCOPE OF WORK Page 9 of 32 f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, keyboards, drives, memory cards, cables, batteries, etc. h. Services: i. Services means such as, consulting, technical support, trade-ins, repair, design, analysis, configuration, implementation, installation, training, and maintenance, etc. In addition, services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. as described generally in this Agreement and as more particularly described in a Statement of Work or SOW (meaning a document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services. ii. Cloud Computing means third party cloud computing and storage services, where Contractor acts as a rebiller only and has no control over the delivery of the cloud computing and storage services. City acknowledges that the cloud service provider, and not Contractor, will be responsible for performance of the Cloud Services. Also, before Contractor can sell cloud computing and/or storage services from a third party to the City, City must execute an agreement governing said cloud computing and/or storage services with the third-party cloud services provider. i. Comprehensive Product Offering: Contractor’s catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered. j. Financing: Options available such as lease programs and conditional sales contracts. 4. LICENSES. The City may be required to sign a separate agreement, rider or End User Licensing Agreement (“EULA”), or such other terms as required by manufacturers, software publisher, or cloud service provider. 5. DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor. The cost of transportation, re-shipping or other like expenses shall be paid by the Contractor and in the case of certain, special orders, other reasonable charges may be paid by the Contractor as defined in the order or as otherwise agreed to by the Parties. All replacement Products must be received by the City within seven (7) days of initial notification, when such products are in Contractor stock; if replacement Product is not in Contractor’s stock, Contractor will use commercially reasonable efforts to order the product within one (1) business day of the initial notification from the City and will ensure product is received within seven (7) days after Contractor’s receipt of the product. EXHIBIT B PRICING Page 10 of 32 Item # Product Product / Group Discount Manufacturer Name 1) Group 1 - Systems 1) Desktops 2.10% All 2) Notebooks 2.10% All 3) Tablets 2.25% All 4) Servers (1 Processor, 2 Processor, 4+ Processor, Blade, Tower, Unix, Handhelds, etc.) 4.00% All 2) Group 2 - Input Devices 5) Keyboards 6.75% All 6) Mice 6.75% All 7) Imaging Scanners 3.00% All 8) POS Scanners 3.00% All 9) Pointing Devices 3.50% All 10) Bar Code Readers 4.25% All 11) Audio Input 15.00% All 12) Input Adapters 5.00% All 13) PC and Network Cameras 5.50% All 14) Input Cables 15.00% All 15) Input Accessories 6.75% All 3) Group 3 - Output Devices 16) Displays 3.50% All 17) Printers 3.00% All 18) Inkjet Printers 3.00% All 19) Inkjet Photo Printers 3.00% All 20) Laser Printers 3.00% All 21) Label Printers 4.25% All 22) Dot Matrix Printers 3.00% All 23) Multi-Function Printers 3.00% All 24) Wide Format Printers 3.00% All 25) Multi-Function Inkjet Printers 3.00% All 26) Wide Format Printers 3.00% All 27) Fax Machine Printers 3.00% All 28) Printer Accessories 3.00% All 29) Projectors 3.50% All 30) Projector Accessories 3.50% All 31) Audio Input 15.00% All 32) Video Cards 3.50% All EXHIBIT B PRICING Page 11 of 32 33) Sound Cards 3.50% All 34) Output Accessories 6.75% All 35) Printer Consumables 3.00% All 4) Group 4 - Memory 36) Desktop 13.00% All 37) Flash 5.50% All 38) Networking 13.00% All 39) Notebook 13.00% All 40) Printer / Fax 13.00% All 41) Server 13.00% All 5) Group 5 - Storage Devices 42) Adapters Fiber Channel 5.50% All 43) Adapters FireWire / USB 5.50% All 44) Adapters IDE/ATA/SATA 5.50% All 45) Adapters RAID 5.50% All 46) Adapters SCSI 5.50% All 47) Bridges & Routers 5.50% All 48) Disk Arrays 5.50% All 49) Disk Arrays JBOD 5.50% All 50) Drives Magneto-Optical 5.50% All 51) Drives Removable Disks 5.50% All 52) Fiber Channel Switches 5.50% All 53) Hard Disks - External 5.50% All 54) Hard Disks - Fiber Channel 5.50% All 55) Hard Disks - IDE/ATA/S 5.50% All 56) Hard Disks - Notebook 5.50% All 57) Hard Disks - SCSI 5.50% All 58) Networking Accessories 5.50% All 59) Optical Drives - CD-ROM 5.50% All 60) Optical Drives - CD-RW 5.50% All 61) Optical Drives - DVD-CD 5.50% All 62) Optical Drives - DVD-RW 5.50% All 63) Storage Accessories 5.00% All 64) Storage - NAS 5.00% All 65) Storage - SAN 5.00% All 66) Tape Autoloaders -AIT 5.00% All 67) Tape Autoloaders - DAT 5.00% All 68) Tape Autoloaders - DLT 5.00% All 69) Tape Autoloaders - LTO 5.00% All 70) Tape Drives - 4mm 5.00% All EXHIBIT B PRICING Page 12 of 32 71) Tape Drives - 8mm/VXA 5.00% All 72) Tape Drives - AIT 5.00% All 73) Tape Drives - DAT 5.00% All 74) Tape Drives - DLT 5.00% All 75) Tape Drives - LTO/Ultrium 5.00% All 76) Tape Drives SDLT 5.00% All 77) Tape Drives - Travan 5.00% All 6) Group 6 - Network Equipment 78) 10/100 Hubs & Switches 5.50% All 79) Bridges & Routers 5.50% All 80) Gigabit Hubs & Switches 5.50% All 81) Concentrators & Multiplexers 5.50% All 82) Hardware Firewalls 5.50% All 83) Intrusion Detection 5.50% All 84) KVM 4.00% All 85) Modems 5.50% All 86) Network Test Equipment 5.50% All 87) Network Adapters 5.50% All 88) Network Cables 15.00% All 89) Network Accessories 5.50% All 90) Repeaters & Transceivers 5.50% All 91) Wireless LAN Accessories 5.50% All 92) Token Authentication 5.50% All 93) 10G Fiber Optic Transceivers 5.50% All 94) 1G Fiber Optic Transceivers 5.50% All 7) Group 7 - Software 95) Licensing Packages (e.g. Microsoft) 4.00% All 96) Licensing Backup 4.00% All 97) Licensing Barcode/OC 4.00% All 98) Licensing Business Application 4.00% All 99) Licensing CAD/CAM 4.00% All 100) Licensing - Cloning 4.00% All 101) Licensing - Computer Services 4.00% All 102) Licensee - Database 4.00% All 103) Licensing - Development 4.00% All 104) Licensing - Entertainment 4.00% All 105) Licensing - Financial 4.00% All 106) Licensing - Flow Chart 4.00% All 107) Licensing - Graphic Design 4.00% All 108) Licensing - Handheld 4.00% All EXHIBIT B PRICING Page 13 of 32 109) Licensing - Network OS 4.00% All 110) Licensing - OS 4.00% All 111) Licensing - Personal Organization 4.00% All 112) Licensing - Presentation 4.00% All 113) Licensing - Reference 4.00% All 114) Licensing - Report Analysis 4.00% All 115) Licensing - Spreadsheet 4.00% All 116) Licensing - Utilities 4.00% All 117) Licensing - Warranties 4.00% All 118) Licensing - Web Development 4.00% All 119) Licensing - Word Processing 4.00% All 120) Software - Backup 4.00% All 121) Software - Barcode / OCR 4.00% All 122) Software - Business Application 4.00% All 123) Software - CAD/CAM 4.00% All 124) Software - Cloning 4.00% All 125) Software - Computer Services 4.00% All 126) Software - Database 4.00% All 127) Software - Development 4.00% All 128) Software - Entertainment 4.00% All 129) Software - Financial 4.00% All 130) Software - Flow Chart 4.00% All 131) Software - Graphic Design 4.00% All 132) Software - Handheld 4.00% All 133) Software - OS 4.00% All 134) Software - Personal Organization 4.00% All 135) Software - Presentation 4.00% All 136) Software - Reference 4.00% All 137) Software - Report Analysis 4.00% All 138) Software - Spreadsheet 4.00% All 139) Software - Utilities 4.00% All 140) Software - Warranties 4.00% All 141) Software - Web Development 4.00% All 142) Software - Word Processing 4.00% All 8) Group 8 - Media Supplies 143) Media - 4mm tape 5.50% All 144) Media - AIT tape 5.50% All 145) Media - DAT tape 5.50% All 146) Media - DLT tape 5.50% All EXHIBIT B PRICING Page 14 of 32 147) Media LTO / Ultrium tape drive 5.50% All 148) Media - Magneto - Optical 5.50% All 149) Media - Optical 5.50% All 150) Media - SLR tape 5.50% All 151) Media - Travan tape 5.50% All 152) Media - VXA tape 5.50% All 153) Media - zip 5.50% All 9) Group 9 - Collaboration & IP Telephony 154) IP phones 4.25% All 155) Video conferencing products 4.25% All 156) Voice gateways / servers 4.25% All 157) Headsets 4.25% All 158) Audio conferencing products 4.25% All 159) Analog phones 4.25% All 160) Accessories 4.25% All 10) Group 10 - Other 161) Advanced Integration 3.00% All 162) Asset Disposal 3.00% All 163) Asset Management 3.00% All 164) Cables 15.00% All 165) Cables - custom 15.00% All 166) Cables - printer 15.00% All 167) Complex warranties 3.00% All 168) Desktop Accessories 6.75% All 169) Display Accessories 3.50% All 170) Electronic Services 3.00% All 171) Handheld Accessories 6.75% All 172) Imaging Accessories 6.75% All 173) Imaging - Camcorders 3.50% All 174) Imaging - Digital Cameras 3.50% All 175) Internal Lab Service 3.00% All 176) Lab fees 3.00% All 177) Managed Services 3.00% All 178) Miscellaneous solutions 3.00% All 179) Mounting hardware for vehicles 2.50% All 180) Networking Warranties 3.50% All 181) Notebook Accessories 2.50% All 182) Notebook Batteries 5.00% All 183) PC Lab order services 3.00% All 184) POS Accessories 4.25% All EXHIBIT B PRICING Page 15 of 32 185) POS Displays 4.25% All 186) Power Accessories 5.00% All 187) Power Surge Protection 5.00% All 188) Power UPS 5.00% All 189) Server Accessories 4.00% All 190) Service Charge 2.00% All 191) System Components 13.00% All 192) Training Courses 3.00% All 193) Training Reference Manuals 3.00% All 194) Warranties - Electronic 3.00% All 195) iPAD / Tablet Stylus 6.75% All 196) Mouse / Wrist Pads 6.75% All 197) Security Locks and Hardware 6.75% All 198) Tools 6.75% All 199) Document Scanner Accessories 3.00% All 200) Flatbed Scanners 3.00% All 201) Mobile Scanners 3.00% All 202) Network Scanners 3.00% All 203) Sheet fed Scanners 3.00% All 204) Wide Format Scanners 3.00% All 205) Workgroup / Department Scanner 3.00% All 206) Build to Order Desktops 2.10% All 207) Nettop 3.00% All 208) Point of Sale 4.25% All 209) Ultra Small Form Factor 2.10% All 210) Apple / Mac Memory Upgrades 13.00% All 211) Chips / SIMMs/SIPPs / ROMs 13.00% All 212) Computer Cases 13.00% All 213) CPUs / Fans 13.00% All 214) Memory Accessories 13.00% All 215) Motherboards / Chassis 13.00% All 216) 1 - 2 port Serial Boards 13.00% All 217) 3+ port Serial Boards 13.00% All 218) Console Server 4.00% All 219) Device Server 4.00% All 220) Terminal Server 4.00% All 221) Content Management 4.00% All 222) Firewall / VPN Appliances 5.50% All EXHIBIT B PRICING Page 16 of 32 223) Multifunction Security Appliances 5.50% All 224) Network Camera Accessories 5.50% All 225) Network Cameras 5.50% All 226) Physical/Environmental Security 5.50% All 227) Security Appliance Accessories 5.50% All 228) Security Tokens 5.50% All 229) Unified Threat Management 5.50% All 230) 2-way Radios / Walkie Talkies 6.75% All 231) Apple Notebooks 2.50% All 232) Convertible PCs / Slate PCs / iPAD 2.25% All 233) iPAD 2.25% All 234) Slate Tablet Computers 2.25% All 235) GPS / PDA 6.75% All 236) Wireless Communication Devices 2.50% All 237) Batteries 5.00% All 238) Power Supplies / Adapters 5.00% All 239) Rackmountain Equipment 5.00% All 240) Remote Power Management 5.00% All 241) Surge Suppressors 5.00% All 242) UPS / Battery Backup 5.00% All 243) 14" & smaller LCD Display 3.50% All 244) 15-19" LCD Display 3.50% All 245) 15-19" Wide LCD Display 3.50% All 246) 15-19" Wide LED Display 3.50% All 247) 20-30" LCD Display 3.50% All 248) 20-30" Wide LCD Display 3.50% All 249) 20-30" Wide LED Display 3.50% All 250) PCoIP and Zero Client Displays 3.50% All 251) Arm Mounts 3.50% All 252) Ceiling Mounts 3.50% All 253) Combo Mounts 3.50% All 254) Desktop Stands / Risers 3.50% All 255) Flat Wall Mounts 3.50% All 256) Mount Accessories 3.50% All 257) Pole Display 4.25% All 258) Stands / Carts / Feet 3.50% All 259) Tilt Wall Mounts 3.50% All EXHIBIT B PRICING Page 17 of 32 260) C-Cure Products 4.00% All 261) Istar Products 5.50% All 11) Group 11 - Services SERVICE STANDARD HOURLY RATE DISCOUNT FROM STANDARD RATE Design and Analysis Please see CDW•G's Professional Services Offering below for descriptions of CDW•G's Professional Services. Configuration % Implementation % Installation % Training % Maintenance & Support % CDW Configuration Services 5% 12) Group 12 - Additional Products/Services Not Identified Please see CDW•G's Configuration Services Pricelist below for descriptions and pricing of CDW•G's Configuration Services. Apple Products for eligible Government and Educational Entities 0.50% CDW•G has conformed to the National Pricing structure aligning to National IPA's product taxonomy, however, CDW•G will manage the resultant contract according to CDW•G's Product Tree below, which shall govern all purchases and provides more breadth and a more complete representation of the CDW•G Catalog. All discounts will be applied by product category listed below to CDW•G's Nationally Advertised Pricing which is publicly verifiable at www.cdwg.com. CDW•G Product Tree Categories Discount Accessories 6.75% Power, Cooling & Racks 5.00% Desktop Computers 3.00% PC Compatible Desktop Computer 2.10% PC Compatible Workstation 3.00% Blade PCs 3.00% RISC Processor Workstation 3.00% Thin Clients 3.00% Web TV Access Unit 3.00% EXHIBIT B PRICING Page 18 of 32 Windows Based Terminals 3.00% Data Storage / Drives 5.50% Enterprise Storage 5.00% Point of Sale/Data Capture 4.25% Servers & Server Management 4.00% Services (CDW Delivered) 0.00% Notebook/Mobile Devices 2.50% Notebook Computers 2.10% Notebook Accessories 2.50% Wireless Communication Devices 2.50% Convertible PCs/Slate PCs/iPAD 2.25% Chromebooks 0.00% Netcomm Products 5.50% Gigabit Switch 6.00% Modular Switch Chassis 6.00% Modular Switches 5.50% Carts and Furniture 5.00% Printing & Document Scanning 3.00% Services (3rd Party Delivered) 0.00% Warranties-Product Protection 3.50% Software 4.00% Collaboration Hardware 4.25% Memory/System Components 13.00% Video-Projection-Pro Audio 3.50% Cables 15.00% CDW Configuration Services 5.00% Apple Products for Eligible Entities .50% CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs. CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers. As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B. EXHIBIT B PRICING Page 19 of 32 CDW•G Professional Services Offering Major Metro Service Areas Washington, DC Raleigh Madison New York City Metro Houston Wausau Los Angeles Tampa Milwaukee San Francisco Atlanta Appleton San Diego National Grand Rapids Boston Metro Dallas Indianapolis Chicago Cincinnati Cleveland Federal Detroit Philadelphia Minneapolis Seattle St. Louis/KC Denver Nashville Portland Services apply to both CDW•G executed professional services and services which are sub-contracted through a CDW•G authorized third party provider. Hourly or fixed rates will be negotiated based on the customer, geography, scope of the professional service engagement, and level of engineer required to perform the service. CDW•G will create a Statement of Work (SOW) detailing the exact scoping and pricing of the Services to be provided, which will be executed by CDW•G and the National IPA member prior to the start of Services. Sample SOW is included in our proposal. Expenses (T and E) may be an additional consideration depending on project specifics. Solution Domain Discipline Technology Domain Role Datacenter Storage Data Migration Senior Consulting Engineer EMC Senior Consulting Engineer IBM Senior Consulting Engineer VMWare Senior Consulting Engineer NetApp Senior Consulting Engineer Datacenter Networking & Enterprise Networking Infrastructure & Networking Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Mobility Client Management Client Virtualization Endpoint Management Mobile Device Management Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead VDI Citrix Senior Consulting Engineer Security Network Security Network Security Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead EXHIBIT B PRICING Page 20 of 32 Security Information Security Information Security Penetration Testing Gap Analysis (HIPAA gap, PCI Gap, NIST) Collaboration Communication Voice, Video Collaboration Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Engagement Contact Center Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Productivity Information Worker Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Consulting Advisory Services Consulting Advisory Services Consulting Advisory Services CAS_Business_Analyst CAS_Consulting_Services_Architect CAS_Engagement_Manager CAS_Technology_Architect CAS_Business_Architect Project & Program Management Project & Program Management Project & Program Management Project Admin Project Manager Senior Project Manager Program Manager CDW•G Configuration Services Service Group EDC Description Advertised Price Contract Discount Contract Ceiling Price Hardware Configurations and Priority Service Priority 1625768 PRIORITY SERVICE $ 21.99 5% $ 20.89 Hardware 1706188 CDW Hardware Install for Server $ 32.99 5% $ 31.34 Hardware 1706189 CDW Hardware Install for DT-LT $ 17.99 5% $ 17.09 Hardware 1820627 CDW Hardware Install for Netcom $ 22.99 5% $ 21.84 Hardware 3558560 CDW MOBILE DEVICE SIM CARD INSTALL $ 9.99 5% $ 9.49 Hardware 2437037 CDW RACK CONFIG 1 CREDIT $ 82.99 5% $ 78.84 Hardware 3803338 CDW HARDWARE INSTALL FOR PRINTER $ 32.99 5% $ 31.34 Asset Tagging Asset Tags 322170 CDW ASSET TAGS NO INSTALL MAIL ONLY $ 0.98 5% $ 0.93 Asset Tags 338519 CDW ASSET TAG W/O INSTALL $ 9.99 5% $ 9.49 Asset Tags 338521 CUSTOMER ASSET TAG CONFIG SERVICE $ 9.99 5% $ 9.49 Asset Tags 500814 CDW CREATE CUSTOM TAG/LABEL $ 29.99 5% $ 28.49 Asset Tags 500815 BASIC CUSTOM TAG $ 9.99 5% $ 9.49 Asset Tags 500817 INTERMEDIATE CUSTOM TAG $ 17.99 5% $ 17.09 EXHIBIT B PRICING Page 21 of 32 Asset Tags 500818 ADVANCED CUSTOM TAG $ 22.99 5% $ 21.84 Asset Tags 537315 CDW CREATED CUSTOM TAG – MAIL ONLY $ 1.22 5% $ 1.16 Asset Tags 955862 CDWG UID TAG/LABEL $ 9.99 5% $ 9.49 Asset Tags 1095109 CDW RFID TAG $ 61.99 5% $ 58.89 Asset Tags 3465262 BASIC CUSTOM TAG W/BOX DUP TAG $ 10.99 5% $ 10.44 Asset Tags 3465269 CUSTOMER ASSET TAG W/BOX DUP REQ6330 $ 10.99 5% $ 10.44 Asset Tags 4347185 CUSTOMER ASSET TAG W BOX DUP REQ6247 $ 12.99 5% $ 12.34 Asset Tags 3465895 INTERMEDIATE CUSTM TAG W-BOX DUP TAG $ 21.99 5% $ 20.89 Asset Tags 3982815 ADV CUSTOM TAG W/BOX DUP $ 24.99 5% $ 23.74 Configuration Service Bundles Bundle 2342089 CDW HW IMAGE CDW ASSET TAG-REQ1173 $ 45.99 5% $ 43.69 Bundle 2342092 CDW HW IMAGE BASIC CUSTM TAG-REQ1174 $ 52.99 5% $ 50.34 Bundle 2342096 CDW HW IMAG CUSTMR ASSET TAG-REQ1175 $ 52.99 5% $ 50.34 Bundle 2342098 CDW IMAG CSTMR ASSET TAG PRI-REQ1176 $ 46.99 5% $ 44.64 Bundle 2342102 CDW IMAGE CDW ASSET TAG PRI-REQ1177 $ 39.99 5% $ 37.99 Bundle 2342106 CDW HW IMAGE PRIORITY-REQ1178 $ 53.99 5% $ 51.29 Bundle 2423730 CDW HW IMAGE CDW ASSET PRI-REQ1193 $ 53.99 5% $ 51.29 Bundle 2423732 CDW HW IMG BSC CSTM TAG PRI-REQ1194 $ 59.99 5% $ 56.99 Bundle 2423734 CDW HW IMAG CUSTMR ASSET PRI-REQ1195 $ 59.99 5% $ 56.99 Bundle 2426793 CDW IMAGE CUSTMER ASSET TAG-REQ1197 $ 39.99 5% $ 37.99 Bundle 2426795 CDW IMAGE CDW ASSET TAG-REQ1198 $ 32.99 5% $ 31.34 Bundle 2426798 CDW HARDWARE IMAGE DEPLOY-REQ1199 $ 45.99 5% $ 43.69 Bundle 2853723 CDW IMAGE BASIC CUSTOM TAG-REQ1324 $ 39.99 5% $ 37.99 Bundle 2853726 CDW IMAGE BIOS CUSTOMIZATION-REQ1325 $ 39.99 5% $ 37.99 Bundle 3269810 CDW HW IMG INTRM TAG CMPTRAC REQ1901 $ 63.99 5% $ 60.79 Bundle 3327808 CDW LIGHT TOUCH IMAGE DEPLOY W-VPN $ 42.99 5% $ 40.84 Bundle 4008018 LEVEL 1 IOS\ETCH INSERT REQ 5075 $ 39.99 5% $ 37.99 Bundle 4008025 LEVEL 1 IOS\ETCH REQ 5076 $ 33.99 5% $ 32.29 Bundle 4041681 IOS LVL1 & SRVC CUST INSERT REQ5156 $ 28.99 5% $ 27.54 Bundle 4056755 INT CUST TAG&DUP + DATA CAP CONTRACT $ 21.99 5% $ 20.89 Bundle 4086733 CDW LT IMAGE DEPLOY W/VPN&BOX LABEL $ 44.99 5% $ 42.74 Bundle 4171085 COI SPECOPS & PROJECTMANGEMENT R5611 $ 569.99 5% $ 541.49 Diagnostics Diagnostics 214266 CDW BURN IN 12 HOURS $ 21.99 5% $ 20.89 Imaging Imaging 195856 CDW INSTALLING CUSTOM SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 247489 HILL ROM CREATE CUSTOM RESTORE CD $ 49.99 5% $ 47.49 Imaging 266912 CDW APPLE IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 283926 CDW MASTER IMAGE CREATION CREDIT $ 183.99 5% $ 174.79 Imaging 379370 CDW INSTALLING CUSTOM PDA IMAGE $ 17.99 5% $ 17.09 Imaging 534223 CDW STANDARD IMAGE DEPLOYMENT DT/NB $ 32.99 5% $ 31.34 Imaging 763587 FLASH DRIVE IMAGING $ 9.99 5% $ 9.49 Imaging 763593 CDW USB RESTORE UPTO 16GB $ 39.99 5% $ 37.99 Imaging 809048 CDW MAINTAIN CUSTOM PC IMAGE-CREDIT $ 31.99 5% $ 30.39 Imaging 1640342 CDW INSTALLING ALTIRIS SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 1926223 CDW TERMINAL IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2691836 CDW ZERO TOUCH IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2798606 CDW IMAGE MODEL MIGRATION CREDIT $ 113.99 5% $ 108.29 EXHIBIT B PRICING Page 22 of 32 Imaging 2869570 CDW USB RESTORE UPTO 32GB $ 52.99 5% $ 50.34 Imaging 3652393 CDW CREATE CUSTOM RECOVERY PARTITION $ 353.99 5% $ 336.29 Imaging 3765107 SERVER RACKING ADV IMAGING SVC $ 219.99 5% $ 208.99 Imaging 3982809 CDW USB RESTORE SVC UPTO 64GB $ 63.99 5% $ 60.79 Imaging 4008336 CHROME WHITE GLOVE SERVICE TIER1 $ 22.93 5% $ 21.78 Imaging 4008354 CHROME WHITE GLOVE SERVICE TIER2 $ 24.93 5% $ 23.68 Imaging 4419882 CHROME UNMANAGED KIOSK APP INSTALL $ 28.92 5% $ 27.47 Imaging 4086723 CDW IMAGE DEPLOY W BOX LABEL REQ6281 $ 33.99 5% $ 32.29 Imaging 4086738 CDW SCCM SRV-ZERO TOUCH W/BOX LABEL $ 33.99 5% $ 32.29 Laser Etching / Color Branding Laser Etching 1461344 CDW LASER ETCHING-TIER 1 STATIC SML $ 11.00 5% $ 10.45 Laser Etching 2815190 CDW LASER ETCHING-TIER 2 STATIC LRG $ 15.00 5% $ 14.25 Laser Etching 2815191 CDW LASER ETCHING-TIER 3 DYNAMIC $ 22.00 5% $ 20.90 Color Branding 3223260 CDW COLOR BRANDING TEMPLATE $ - 5% $ - Color Branding 4100630 CDW COLOR BRANDING TIER 1 $ 15.00 5% $ 14.25 Color Branding 3223250 CDW COLOR BRANDING TIER 2 $ 22.00 5% $ 20.90 Color Branding 3436605 CDW COLOR BRANDING TIER 3 $ 30.00 5% $ 28.50 Mobile Carts Mobile Carts 4466480 CDW CHROMEBOOK WIRE CART CONFIG $ 120.00 5% $ 114.00 Netcom Netcom 311718 CDW NETWORK & SECURITY DEVICE CONFIG $ 40.00 5% $ 38.00 Netcom 1550455 CDW NETWORK & SEC CHASSIS CONFIG BUN $ 100.00 5% $ 95.00 Netcom 1550460 CDW NETWORK & SEC DEVICE CONFIG BUN $ 65.00 5% $ 61.75 Netcom 2394839 CDW NETWORK & SEC CHASSIS CONFIG $ 70.00 5% $ 66.50 Netcom 2432019 CDW VPN DOMAIN JOIN ONLY $ 8.00 5% $ 7.60 Netcom 3628500 CDW VPN DOMAIN JOIN ONLY-PCA $ 8.00 5% $ 7.60 Netcom 3651585 CDW AP/ENDPOINT PROVISIONING $ 30.00 5% $ 28.50 Netcom 4121801 CDW AP/ENDPOINT FIRMWARE UPDATE $ 16.00 5% $ 15.20 Netcom 4219966 CDW CLIENT VPN CONFIGURATION $ 12.00 5% $ 11.40 Other Other 504311 CDW HP ILO ACTIVATION $ 12.00 5% $ 11.40 Other 872360 CDW SYSTEM BIOS/FIRMWARE UPG $ 16.00 5% $ 15.20 Other 1197175 CDW CUSTOM IP CONFIGURATION $ 12.00 5% $ 11.40 Other 1197180 CDW BIOS CUSTOMIZATION $ 5.00 5% $ 4.75 Other 1369901 CDW SRVC CUSTOM ADDED INSERTS $ 5.00 5% $ 4.75 Other 1369904 CDW DDS / COMPUTRACE ACTIVATION $ 5.00 5% $ 4.75 Other 1369905 CDW DATA CAPTURE & TRACKING SRVC $ 5.00 5% $ 4.75 Other 1713539 CDW SPECIAL CONFIG REQ - 1 CREDIT $ 5.00 5% $ 4.75 Other 1713542 CDW SPECIAL CONFIG REQ - 6 CREDITS $ 30.00 5% $ 28.50 Other 1713544 CDW SPECIAL CONFIG REQ - 12 CREDITS $ 60.00 5% $ 57.00 Other 2366694 CDW APPLE IOS CUSTOMIZATION LVL 1 $ 15.00 5% $ 14.25 Other 2366709 CDW APPLE IOS CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2613286 CDW ANDROID CUSTOMIZATION LVL 1 $15.00 5% $ 14.25 Other 2613287 CDW ANDROID CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2671476 CDW SCREEN OVERLAY INSTALL SERVICE $ 8.00 5% $ 7.60 Other 2696504 CDW Hard Drive Data Encryption DT/NB $ 12.00 5% $ 11.40 Other 2828923 CDW SAS RAID Activation $ 12.00 5% $ 11.40 Other 2858009 CDW KINDLE AD REMOVAL REQ1329 $ 30.00 5% $ 28.50 EXHIBIT B PRICING Page 23 of 32 Other 3553290 CDW APPLE ID CREATION $ 5.00 5% $ 4.75 Other 3899153 CDW VPRO BASIC ACTIVATION REQ4717 $ 5.00 5% $ 4.75 Other 4248044 CDW LENOVO IMM ACTIVATION $ 12.00 5% $ 11.40 Other 4176320 CDW ASSET MGMNT UPDATE SVC REQ 5634 $ 1.25 5% $ 1.19 Software Software 76056 CDW APPLICATION INSTALL DT/NB $ 36.00 5% $ 34.20 Software 76980 CDW NETWORK OPERATING SYSTEM INSTALL $ 200.00 5% $ 190.00 Software 346243 CDW STD WINDOWS CLIENT OS INSTALL $ 90.00 5% $ 85.50 Software 931000 CDW NETWORK APPLICATION INSTALL $ 100.00 5% $ 95.00 Software 1197183 CDW APPLICATION UPDATES AND MAINTENANCE $ 22.00 5% $ 20.90 Software 1278296 CDW OEM MFG OS INSTALLATION $ 90.00 5% $ 85.50 Software 1291101 CDW LINUX INSTALLATION OS-ALL VERS $ 120.00 5% $ 114.00 Software 1550439 SUN SOLARIS INSTALLATION – ALL VERSIONS $ 200.00 5% $ 190.00 Software 1550447 VMWARE INSTALLATION – ALL VERSIONS $ 70.00 5% $ 66.50 Software 3803347 CDW SOFTWARE CONFIG FOR PRINTER $ 24.00 5% $ 22.80 Software 3982800 CDW HDD OS SWAP SVC REQ5012 $ 36.00 5% $ 34.20 Configuration Project Management / COI Proj. Mgmt 3110955 CDW CONFIG PROJECT COORD HRLY CREDIT $ 75.00 5% $ 71.25 Proj. Mgmt 4289890 CDW CONFIG PM 150 HRLY CHARGE $ 150.00 5% $ 142.50 Proj. Mgmt 3536706 CDW COI PROJ COORD /OPS COST $ 5,000.00 5% $ 4,750.00 Proj. Mgmt 3543509 CDW CONFIG PROJECT COORD CREDIT/UNIT $ 5.00 5% $ 4.75 Proj. Mgmt 3752290 CDW PROJ MNGMNT CONFIG AP SVC $ 7.00 5% $ 6.65 Proj. Mgmt 4086747 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 1.00 5% $ 0.95 Proj. Mgmt 4087191 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 0.50 5% $ 0.48 COI 3268855 CDW CONFIG PROJECT COORD COI SVC $ 300.00 5% $ 285.00 COI 3561536 COI OPS PALLET RECEIVING/PROCESSING $ 480.00 5% $ 456.00 COI 4439488 COI OPS PALLET/MONTH REC/PRO $ 40.00 5% $ 38.00 COI 3659769 CDW COI OPERATIONAL EXPENSE WITH SN $ 10.00 5% $ 9.50 COI 3827583 COI TEMP TAG NO INSTALL E-MAIL $ 10.00 5% $ 9.50 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 24 of 32 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 25 of 32 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 the provisions of A.R.S. § 41-4401, 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 and A.R.S. § 23-214(A) (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 and the E-Verify requirements prescribed by A.R.S. § 23-214 (A). 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. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 26 of 32 b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. 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. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. a. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) 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. Notwithstanding the foregoing, any Agreement audits must be pursuant to a signed Confidentiality Agreement agreed to by both parties which will be subject to applicable law, including the Arizona Public Records law. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular business hours at a mutually agreeable time and location, and upon reasonable advanced notice of records to be audited. 14. 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. 15. 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. 16. DEFAULT. a. A party will be in default if that party: EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 27 of 32 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 as set forth in the City Procurement Rules Article 7 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 Article 6 of the City’s Procurement Rules. 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. 17. 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. 18. 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. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 28 of 32 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. 21. 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. 22. 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. 23. 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. 24. 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) misconduct 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 this Agreement. However, notwithstanding the prior sentence, any claim shall not be an indemnified claim if such claim or damage was caused in whole by the actions of the City, its employees, agents, contractors or representatives. 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. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY CONTRACTOR, THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of Exhibit A. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner, as stated below. a. Manufacturer’s Warranty. The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only materials (product) warranties offered are those of the manufacturer, not the Contractor or its affiliates unless the manufacturer is the Contractor or its affiliates. THE CONTRACTOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 29 of 32 RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. b. Services Warranty. City's sole and exclusive remedy with respect to a warranty on the Services provided by Contractor will be, at the sole option of Contractor, to either: (a) use its reasonable commercial efforts to reperform any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance; provided, in each case, City notifies Contractor in writing within five (5) business days after performance of the applicable Services. City shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption during the performance of services and for any necessary reconstruction thereof. c. Third Party Services Warranty. In connection with the products (materials), certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing the services to the City and the City will look to the third party for any loss, claims or damages arising from or related to the provision of such Third- Party Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent. 26. 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. 27. 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. 28. OWNERSHIP. a. Except as it pertains to the Work Product in Subsection (b) below, 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. b. City's rights to Work Product (meaning deliverables to be provided or created individually or jointly in connection with the services, not materials, provided by Contractor, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information, whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights, or discovered in the course of performance of this Agreement that are embodied in such work or materials) will be, upon payment in full, a non-transferable, non-exclusive, royalty-free license to use such Work Product solely for City's internal use. City obtains no ownership or other property rights thereto. City agrees that Contractor may incorporate intellectual property created by third parties into the Work Product and that City’s right to use such Work Product may be subject to the rights of, and limited by agreements with, such third parties EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 30 of 32 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months 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. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of Contractor’s goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. 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. 34. 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. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will 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 (collectively “Claim”) and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any Claim, or pay any settlement of such 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 sole option and 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 based on a five (5) year straight line amortized basis. The forgoing provisions in this Section state the entire liability of Contractor and the sole and exclusive remedy of the City with respect to any Claim. Contractor shall have no liability or obligation to the City to the extent any Claim is based upon: (i) any combination of anything provided by Contractor with other software, hardware or other materials not authorized by Contractor or manufacturer; or (ii) any addition to, or modification of, anything provided by Contractor made after delivery to the City by any person other than Contractor. 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions 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). 37. 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 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 31 of 32 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. 38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona 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. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. 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. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 40. 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 email or 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, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 32 of 32 43. 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. 44. 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. 45. 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. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MHDJ223 8/5/2021 FORTINET FIREWALL 0590071 $32,113.00 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE Fortinet FortiGate rack slide rail kit 1 3550124 $149.00 $149.00 Mfg. Part#: SP-FG3040B-RAIL UNSPSC: 24102001 Contract: National IPA Technology Solutions (2018011-01) Fortinet - SFP+ transceiver module - 10 GigE 6 6114049 $75.00 $450.00 Mfg. Part#: FN-TRAN-SFP+SR Contract: National IPA Technology Solutions (2018011-01) FortiAuthenticator-VM - upgrade license - 100 users 3 3181571 $575.00 $1,725.00 Mfg. Part#: FAC-VM-100-UG UNSPSC: 43232901 Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011-01) FortiAuthenticator-VM - upgrade license - 1000 users 1 2971112 $1,699.00 $1,699.00 Mfg. Part#: FAC-VM-1000-UG UNSPSC: 43232907 Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011-01) Fortinet FortiCare 24X7 Comprehensive Support - technical support (renewal)2 3064707 $420.00 $840.00 Mfg. Part#: FC2-10-0ACVM-248-02-12 UNSPSC: 86101601 Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011-01) Fortinet FortiGate 1100E Security Appliance with 1 Yr 24x7 FC & FG UTM 1 5713731 $27,250.00 $27,250.00 Mfg. Part#: FG-1100E-BDL-950-12 UNSPSC: 43222501 Contract: National IPA Technology Solutions (2018011-01) PURCHASER BILLING INFO SUBTOTAL $32,113.00 Billing Address:CITY OF CLEARWATERFINANCE DEPT PO BOX 4748CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $32,113.00 Page 2 of 2 DELIVER TO Please remit payments to: Shipping Address:CITY OF CLEARWATERSHERI BOWERS100S MYRTLE AVECLEARWATER, FL 33756 Shipping Method: DROP SHIP-GROUND CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $32,113.00 $868.66/Month $32,113.00 $1,000.96/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry datafrom numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2021 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9600 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $164,220 for the period October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing; and authorize the appropriate officials to execute same. (consent) SUMMARY: The DMS SUNCOM services are telecommunications infrastructure and services used for all city alarm systems (~180 lines) and every location that is not connected to the City’s main PBX (Private Branch Exchange) system (~250). There are 430 individual phone lines used by the City at a rate of approximately $20/line/month, which is an approximate 50% discount from commercial service provider by our local carrier options. Many of these service lines are enhanced with long-distance service, local exchange connections, “800” services and conference calling capability. Department of Management Services Total - $164,220 - Long Distance $658 per month x 12 = $7,896 - Local $124 per month x 12 = $1,488 - Centranet lines $12,900 per month x 12 = $154,800 - 800 # $3.00 per month x 12 = $36.00 APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559865-542100. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9134 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Stolze Door Company d/b/a Overhead Door of Clearwater of Clearwater, Fl, for maintenance, repair, and replacement of overhead/security doors, in the not-to-exceed amount of $625,000 from May 23, 2021 through March 11, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY The Building & Maintenance division plans to establish a contract for overhead/security door maintenance, repair, and replacement at multiple facilities throughout the City. On January 21, 2021, Pinellas County Purchasing Division issued an Invitation to Bid (ITB) 21-0052-B(DG) for Overhead/Security Doors Maintenance, Repair, and Replacement. The City of Clearwater, City of Indian Rocks Beach, Town of Indian Shores, City of Oldsmar, and City of Tarpon Springs were cooperative bidders in this solicitation. Two bids were received with Stolze Door Company d/b/a Overhead Door of Clearwater as the lowest responsive, responsible bidder. The Cooperative Contract has one additional two-year renewal at the City’s discretion. Breakout is as follows for services annually $13,000 Preventative Maintenance $112,000 Repairs & Replacements The repairs and replacement of doors shall include but not limited to, Fire Station doors, Wastewater Treatment plant facilities, Parks and Recreation facilities, Police, Municipal Services, and other facilities throughout the city. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-530300 GSBM180008 - R&M - MTRLS Page 1 City of Clearwater Printed on 8/27/2021 Merry Celeste, CPPB Division Director Purchasing and Risk Management PLEASE ADDRESS REPLY TO: 400 South Ft. Harrison, Sixth Floor Clearwater, Florida 33756 Phone: (727) 464-3311 FAX: (727) 464-3925 Website: www.pinellascounty.org/purchase 02/10/2021 TO: ALL INTERESTED BIDDERS INVITATION TO BID: Overhead/Security Doors Maintenance, Repair and Replacement BID NUMBER: 21-0052-B(DG) BID SUBMITTAL IS DUE: February 18, 2021 @ 3:00 P.M. ADDENDUM NO. 1 Following is additional information, clarifications, questions and responses relative to referenced Bid (ITB): CHANGE(S): Addendum No. 1 Section F- Bid Submittal and Summary is attached, use this revised spreadsheet to submit with your bid submittal. Cell C4 has been unlocked on the “City of Indian Rocks Beach” sheet. QUESTION(S)/RESPONSE(S): 1. Question: we can’t find a breakdown of the types of doors. I know it mentions Overhead and Securitybut are they all only those types – or are there any manual or automatic doors ADA doors as well? Response: Manual and automatic ADA doors are not included All other specifications, terms and conditions remain the same. Please remember to acknowledge receipt of this Addendum in Section G Page 29 under Addendum No.1 and return with completed bid package. Sincerely, Merry Celeste, CPPB Division Director Purchasing and Risk Management PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SEALED BID • DO NOT OPEN SEALED BID NO.: 21-0052-B(DG) BID TITLE: Overhead/Security Doors- Maintenance, Repair and Replacement: A Tampa Bay Area Purchasing Cooperative Contract (CO-OP) DUE DATE/TIME: SUBMIT BY: February 18, 2021 @ 3:00 p.m. ___________________________ (Name of Company) Please Note: From time to time, addenda may be issued to this bid. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase, from which you obtained this bid. Before submitting your bid/proposal you should check our Web site to download any addenda that may have been issued. Please remember to sign and return Addenda Acknowledgement Form with completed bid package if applicable. 21-0052-BB (DG)Page 1 of 30 PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS 400 S. FT. HARRISON AVENUE ANNEX BUILDING – 6TH FLOOR CLEARWATER, FL 33756 INVITATION TO BID ISSUE DATE: BID SUBMITTALS RECEIVED AFTER SUBMITTAL DATE & TIME WILL NOT BE CONSIDERED TITLE: Overhead/Security Doors- Maintenance, Repair and Replacement: A Tampa Bay Area Purchasing Cooperative Contract (CO-OP) BID NUMBER: 21-0052-B(DG) SUBMITTAL DUE: February 18, 2021 @ 3:00 P.M. AND MAY NOT BE WITHDRAWN FOR 60 DAYS FROM DATE LISTED ABOVE. PRE-BID DATE & LOCATION: NOT APPLICABLE DEADLINE FOR WRITTEN QUESTIONS: February 9. 2021 BY 3:00 P.M. SUBMIT QUESTIONS TO: Dustin Guinta AT dguinta@pinellascounty.org Phone: 727-464-3149 THE MISSION OF PINELLAS COUNTY Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow.MERRY CELESTE, CPPB Division Director Purchasing and Risk Management BIDDER MUST COMPLETE THE FOLLOWING BIDDERS ARE CAUTIONED THAT THE POLICY OF THE BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, IS TO ACCEPT THE LOWEST RESPONSIBLE BID RECEIVED MEETING SPECIFICATIONS. NO CHANGES REQUESTED BY A BIDDER DUE TO AN ERROR IN PRICING WILL BE CONSIDERED AFTER THE BID OPENING DATE AS ADVERTISED. BY SIGNING THIS PROPOSAL FORM BIDDERS ARE ATTESTING TO THEIR AWARENESS OF THIS POLICY AND ARE AGREEING TO ALL OTHER BID TERMS AND CONDITIONS, INCLUDING ALL INSURANCE REQUIREMENTS. PAYMENT TERMS: ____% ___DAYS, NET 45 (PER F.S. 218.73) *BID DEPOSIT, IF REQUIRED, IS ATTACHED IN THE AMOUNT OF $ _________ BIDDER (COMPANY NAME): __________________________________ D/B/A _____________________________________ MAILING ADDRESS: ______________________________________ CITY / STATE / ZIP ___________________________ COMPANY EMAIL ADDRESS: ______________________________ PHN: (__)__________ FAX: (__)__________ CONTACT NAME: _______________________ *REMIT TO NAME: ________________________________________ (As Shown On Company Invoice) _________________________________FEIN#__________________ Proper Corporate Identity is needed when you submit your bid, especially how your firm is registered with the Florida Division of Corporations. Please visit www.sunbiz.org for this information. It is essential to return a copy of your W-9 with your bid. Thank you. PRINT NAME: _______________________________ EMAIL ADDRESS: ___________________________ I HEREBY AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID, INCLUDING INSURANCE REQUIREMENTS & CERTIFY I AM AUTHORIZED TO SIGN THIS BID FOR THE BIDDER. AUTHORIZED SIGNATURE: ____________________________ PRINT NAME/TITLE: ________________________________________ FORMS CHECKLIST COPY OF COMPANY INVOICE W-9 (TAXPAYER ID) SEE SECTION F FOR BID PRICING SUMMARY THIS FORM MUST BE RETURNED WITH YOUR RESPONSE 21-0052-B(DG)Page 2 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 1.PREPARATION OF BID: Bid will be prepared in accordance with the following: (a)Our enclosed Bid Summary is to be used in submitting your bid. (b)All information required by the Bid Summary shall be furnished. The bidder should print or type his name and manually sign the schedule and each continuation sheet on which an entry is made. (c)Unit prices shall be shown and where there is an error in extension of price, the unit price shall govern. (d)Alternate bids will not be considered unless authorized by the Invitation to Bid. (e)Proposed delivery time must be shown and shall include Sundays and holidays. (f)The County is exempt from all state and federal sales, use, transportation and excise taxes. Taxes of any kind and character, payable on account of the work performed and materials furnished under the award, shall be paid by the bidder and deemed to have been included in the bid. The Laws of the State of Florida provide that sales and use taxes are payable by the bidder upon the tangible personal property incorporated in the work and such taxes shall be paid by the bidder and be deemed to have been included in the bid. (g)Bidders shall thoroughly examine the drawings, specifications, schedule, instructions and all other contract documents. (h)Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. Plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the County or the compensation to the vendor. (i)Bidders are advised that all County Contracts are subject to all legal requirements provided for in the Purchasing Ordinance and/or State and Federal Statutes. 2.DESCRIPTION OF SUPPLIES: (a)Any manufacturer's names, trade names, brand name, or catalog numbers used in specifications are for the purpose of describing and establishing general quality levels. SUCH REFERENCES ARE NOT INTENDED TO BE RESTRICTIVE. Bids will be considered for all brands which meet the quality of the specifications listed for any items. (b)Bidders are required to state exactly what they intend to furnish, otherwise they shall be required to furnish the items as specified. (c)Bidders will submit, with their proposal, data necessary to evaluate and determine the quality of the item(s) they are bidding. 3.ALTERNATES: Unless otherwise provided in an Invitation to Bid or Request for Proposals, ALTERNATIVES may be included in the plans, specifications, and/or proposals. When included, the Bidder or Offerer shall indicate on the proposal the cost of said alternate and sum to be deducted or added to the Base Bid. Such alternates may or may not be accepted by the County. If approved, it is at the County’s discretion to accept said alternate(s) in any sequence or combination therein. 4.SUBMISSION OF BID: (a)Bids or proposals shall be submitted utilizing Pinellas ePro e-procurement website. Failure to comply could result in the bid or proposal being rejected. (b)Bid must be submitted on the forms furnished. Emails and facsimile bids will not be considered. The County reserves the right to modify the Bid Proposal by emails and facsimile notice. 21-0052-B(DG)Page 3 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 5.REJECTION OF BID: (a)The County may reject a bid if: 1.The bidder misstates or conceals any material fact in the bid. 2.The bid does not strictly conform to the law or requirements of bid, including insurance requirements. 3.The bid is conditional, except that the bidder may qualify his bid for acceptance by the County on an "all or none" basis, or a "low item" basis. An "all or none" basis bid must include all items upon which the bid was invited. (b)The respective constitutional officer, county administrator on behalf of the board of county commissioners or within his/her delegated financial approval authority, or director of purchasing, within his/her delegated financial approval authority shall have the authority when the public interest will be served thereby to reject all bids or parts of bids at any stage of the procurement process through the award of a contract. (c)The County reserves the right to waive minor informalities or irregularities in any bid. 6.WITHDRAWAL OF BID: (a)Bid may not be withdrawn after the time set for the bid submittal for a period of time as specified. (b)Bid may be withdrawn prior to the time set for the bid submittal. Such request must be in writing. 7.LATE BID OR MODIFICATIONS: (a)Bid and modifications received after the time set for the bid submittal will not be considered. This upholds the integrity of the bidding process. (b)Modifications in writing received prior to the time set for the bid submittal will be accepted. 8.PUBLIC REVIEW AT BID OPENING: Pursuant to Florida Statute, Section 119.071(1)(b)2, all bids submitted shall be subject to review as public records after 30 days from opening, or earlier if an intended decision is reached before the thirty day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims shall be dispositively determined by a court of law prior to trade secret protection being granted. 9.BID TABULATION INQUIRIES: Inquiries relating to the results of this bid, prior to the official bid award by the Pinellas County Board of County Commissioners may be made by visiting Pinellas ePro or calling the Purchasing Office. Tabulations will be posted on the Purchasing Website (www.pinellascounty.org/purchase/Current_Bids1.htm ) after 30 days to comply with Florida Statute, Section 119.071(1)(b)2. 10.AWARD OF CONTRACT: (a)The contract will be awarded to the lowest responsive, responsible bidder whose bid, conforming to the Invitation to Bid, is most advantageous to Pinellas County, price and other factors considered. For Invitation to Bid for Sale of Real or Surplus Property, award will be made to the highest and most advantageous bid including price and other factors considered. (b)The County reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the bidder qualifies his bid by specified limitations. See Rejection of Bids. (c)If two or more bids received are for the same total amount or unit price, or in the case of proposals, the qualifications, quality and service are equal, the contract shall be awarded to the local bidder/proposer. A local firm is defined as a firm with headquarters in geographical Pinellas County. Headquarters shall mean the office location that serves as the administrative center and principal place of business. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality and service are equal and no f m s are deemed local, then the contract shall be awarded by drawing lots in public. (d)Prices quoted must be FOB Pinellas County with all transportation charges prepaid unless otherwise specified in the Invitation to Bid. (e)A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful bidder, shall result in a binding contract without further action by either party. 21-0052-B(DG)Page 4 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 11.BIDS FROM RELATED PARTIES OR MULTIPLE BIDS RECEIVED FROM ONE VENDOR: Where two (2) or more related parties each submit a bid or proposal or multiple bids are received from one (1) vendor, for any contract, such bids or proposals shall be judged non-responsive. Related parties mean bidders or proposers or the principles thereof, which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principles thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. 12.LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Florida apply to any purchase made under this Invitation to bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSHA as applicable to this contract. 13.PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 14.COLLUSION: The bidder, by affixing his signature to this proposal, agrees to the following: "Bidder certifies that his bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action". 15.CONTRACTOR LICENSE REQUIREMENT: All contractors performing construction and related work in Pinellas County must comply with our regulatory legislation, Chapter 75-489, Laws of Florida, as amended. Failure to have a competency license in a regulated trade will be cause for rejection of any bid and/or contract award. 16.MATERIAL SAFETY DATA SHEETS REQUIREMENTS: If any chemicals, materials, or products containing toxic substances, in accordance with OSHA Hazardous Communications Standards, are contained in the products purchased by the County as a result of this bid, the successful bidder shall provide a Material Safety Data Sheet at the time of each delivery. 17.RIGHT TO AUDIT: Pinellas County reserves the privilege of auditing a vendor's records as such records relate to purchases between Pinellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Code §2- 176(j). Records should be maintained for five (5) years from the date of final payment. 18.PUBLIC ENTITY CRIME AND SCRUTINIZED COMPANIES: Contractor is directed to the Florida Public Entity Crime Act, Fla. Stat. 287.133, and Fla. Stat. 287.135 regarding Scrutinized Companies, and Contractor agrees that its bid and, if awarded, its performance of the agreement will comply with all applicable laws including those referenced herein. Contractor represents and certifies that Contractor is and will at all times remain eligible to bid for and perform the services subject to the requirements of these, and other applicable, laws. Contractor agrees that any contract awarded to Contractor will be subject to termination by the County if Contractor fails to comply or to maintain such compliance. 21-0052-B(DG)Page 5 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 19.COUNTY INDEMNIFICATION: a)The first ten dollars ($10) of compensation received by the contractor pursuant to this contract represents specific consideration for the following indemnification: contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said contractor; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said contractor; or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. b)Unless specifically prohibited by Florida Law, the successful bidder(s) agrees to indemnify the County and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the County. c)The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the CONSULTANT. The CONSULTANT’S obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 20.VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in Section A apply to this contract except as specifically stated in the subsequent sections of the document, which take precedence over Section A, and should be fully understood by bidders prior to submitting a bid on this requirement. 21.ADA REQUIREMENT FOR PUBLIC NOTICES: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727/464-4062 (voice/tdd) fax 727/464-4157, not later than seven days prior to the proceeding. 22."OR EQUAL" DETERMINATION: Where bidding other than specified, the determination of equivalency will be at the sole discretion of Pinellas County and its specialized person. 23.INSURANCE: Notice: The Contractor/Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below (Section C). Failure to provide the required insurance within a ten (10) day period following the determination or recommendation of lowest responsive, responsible bidder may result in the County to vacate the original determination or recommendation and proceed with recommendation to the second lowest, responsive, responsible bidder. 21-0052-B(DG) Page 6 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 24. PROCUREMENT POLICY FOR RECYCLED MATERIALS: Pinellas County wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the County and that such a policy will serve as a model for other public entities and private sector companies. When awarding a purchase of $5,000 or less, or recommending a purchase in excess of $5,000 for products, materials, or services, the Director of Purchasing may allow a preference to a responsive bidder who certifies that their product or material contains the greatest percentage of postconsumer material. If they are bidding on paper products they must certify that their materials and/or products contain at least the content recommended by the EPA guidelines. On all bids over fifty thousand dollars ($50,000)) and formal quotes under fifty thousand dollars ($50,000), or as required by law, the Director of Purchasing shall require vendors to specify which products have recycled materials, what percentage or amount is postconsumer material, and to provide certification of the percentages of recycled materials used in the manufacture of goods and commodities procured by the County. Price preference is not the preferred practice the County wishes to employ in meeting the goals of this resolution. If a price preference is deemed to serve the best interest of the County and further supports the purchase of recycled materials, the Director of Purchasing will make a recommendation that a price preference be allowed up to an amount not to exceed 10% above the lowest complying bid received. DEFINITIONS: Recovered Materials: Materials that have recycling potential, can be recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse, by separation, collection, or processing. Recycled Materials: Materials that contain recovered materials. This term may include internally generated scrap that is commonly used in industrial or manufacturing processes, waste or scrap purchased from another manufacturer and used in the same or a closely related product. Postconsumer Materials: Materials which have been used by a business or a consumer and have served their intended end use, and have been separated or diverted from the solid waste stream for the purpose of recycling, such as; newspaper, aluminum, glass containers, plastic containers, office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing process. 25. ASBESTOS MATERIALS: The contractor shall perform all work in compliance with Federal, State and local laws, statutes, rules, regulations and ordinances, including but not limited to the Department of Environmental Protection (DEP)'s asbestos requirements, 40 CFR Part 61, Subpart M, and OSHA Section 29 CFR 1926.58. Additionally, the contractor shall be properly licensed and/or certified for asbestos removal as required under Federal, State and local laws, statutes, rules, regulations and ordinances. The County shall be responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful contractor. The County will furnish a copy of the asbestos survey to the successful bidder. The contractor must keep this copy on site at all times during the actual demolition. 21-0052-B(DG) Page 7 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 26. PAYMENT/INVOICES: SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department: Finance Division Accounts Payable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 Each invoice shall include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown in below. The County may dispute any payments invoiced by SUPPLIER in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process. INVOICE INFORMATION: Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO Remit To Billing address to which you are requesting payment be sent Invoice Date Creation date of the invoice Invoice Number Company tracking number Shipping Address Address where goods and/or services were delivered Ordering Department Name of ordering department, including name and phone number of contact person PO Number Standard purchase order number Ship Date Date the goods/services were sent/provided Quantity Quantity of goods or services billed Description Description of services or goods delivered Unit Price Unit price for the quantity of goods/services delivered Line Total Amount due by line item Invoice Total Sum of all of the line totals for the invoice Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas County purchasing website at www.pinellascounty.org/purchase. 27. TAXES: Payments to Pinellas County are subject to Florida taxes. 21-0052-B(DG) Page 8 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 28. TERMINATION: (a) Pinellas County reserves the right to terminate this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to terminate or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. (b) Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of Pinellas County. (c) In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the County. (d) In addition to all other legal remedies available to Pinellas County, Pinellas County reserves the right to terminate and obtain from another source, any items/services which have not been delivered within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by Pinellas County. 29. BIDDER CAPABILITY/REFERENCES: Prior to contract award, any bidder may be required to show that the company has the necessary facilities, equipment, ability and financial resources to perform the work specified in a satisfactory manner and within the time specified. In addition, the company must have experience in work of the same or similar nature, and can provide references which will satisfy the County. Bidders must furnish a reference list of at least four (4) customers for whom they have performed similar services (SEE SECTION D) 30. DELIVERY/CLAIMS: Prices quoted shall be F.O.B. Destination, FREIGHT INCLUDED and unloaded to location(s) within Pinellas County. Actual delivery address(es) shall be identified at time of order. Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items 31. MATERIAL QUALITY: All materials purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours of notice to the Contractor at no charge to the County. 32. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid/proposal must be sent in writing (electronically) to the Purchasing Department and received by the date specified in the ITB. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the bid/proposal. All such addenda shall become part of the contract documents. The County will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. The Purchasing Department will be unable to respond to questions received after the specified time frame. 33. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. If a bidder intends to subcontract a portion of this work, the bidder must disclose that intent in the bid. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the County within thirty (30) business days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the ITB, without exception shall constitute approval for purposes of this Agreement. The Contractor must inform the County in writing within forty-five (45) business days if the Contractor’s business entity’s name changes. The Contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the Contractor for a business entity name change that the County was not made aware of as reflected herein. 21-0052-B(DG) Page 9 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 34. EXCEPTIONS: Contractor is advised that if it wishes to take exception to any of the terms contained in this Bid or the attached service agreement it must identify the term and the exception in its response to the Bid. Failure to do so may lead County to declare any such term non-negotiable. Contractor’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. 35. NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term contracts, this provision shall apply separately to each term. 36. PUBLIC RECORDS/TRADE SECRETS: Pinellas County Government is subject to the Florida Public Records law (Chapter 119, Florida Statutes), and all documents, materials, and data submitted to any solicitation as part of the response are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida Statutes. Except for materials that are “trade secrets” or “confidential” as defined by applicable Florida law, ownership of all documents, materials, and data submitted in response to the solicitation shall belong exclusively to the County. To the extent that Proposer/Bidder/Quoter desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be identified by some distinct method that the materials that constitute a trade secret, and Proposer/Bidder/Quoter shall provide an additional copy of the proposal/bid/quote that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the Proposer/Bidder/Quoter Signature Page, Proposer/Bidder/Quoter acknowledges and agrees: (i) that after notice from the County that a public records request has been made for the materials designated as a trade secret, the Proposer/Bidder/Quoter shall be solely responsible for defending its determination that submitted material is a trade secret that is not subject to disclosure at its sole cost, which action shall be taken immediately, but no later than 10 calendar days from the date of notification or Proposer /Bidder/Quoter will be deemed to have waived the trade secret designation of the materials; (ii) that to the extent that the proposal/bid/quote with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating contract terms, approving any contract based on the proposal/bid/quote, or engaging in any other activity relating to the competitive selection process are hereby granted full rights to access, view, consider, and discuss the materials designated as trade secrets through the final contract award. (iii) to indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the Proposer/Bidder/Quoter, including actions or claims arising from the County’s non-disclosure of the trade secret materials. (iv) that information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statues and Pinellas County public record policies. Proposer/Bidder/Quoter agrees prior to providing goods/services it will implement policies and procedures to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and County Policies, which are subject to approval by the County, including but limited to the Section 119.0701, Florida Statues. Notwithstanding any other provision in the solicitation, the classification as trade secret of the entire proposal/bid/quote document, line item and/or total proposal/bid/quote prices, the work, services, project, goods, and/or products to be provided by Proposer/Bidder/Quoter, or any information, data, or materials that may be part of or incorporated into a contract between the County and the Proposer/Bidder/Quoter is not acceptable to the County and will result in a determination that the proposal/bid/quote is nonresponsive; the classification as trade secret of any other portion of a proposal/bid/quote document may result in a determination that the proposal/bid/quote is nonresponsive. 21-0052-B(DG) Page 10 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 37. LOBBYING: Lobbying shall be prohibited on all County competitive selection processes and purchasing contract awards pursuant to this division, including, but not limited to, requests for proposals, requests for quotations, requests for qualifications, bids or the award of purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, or the competitive selection process is otherwise concluded. However, nothing herein shall prohibit a prospective bidder/proposer/protestor from contacting the Purchasing Department or the county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. Lobbying of evaluation committee members, County government employees, elected/appointed officials, or advisory board members regarding requests for proposals, requests for quotations, requests for qualifications, bids, or purchasing contracts, by the bidder/proposer, any member of the bidder's/proposer's staff, any agent or representative of the bidder/proposer, or any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor, is strictly prohibited from the date of the advertisement, or on a date otherwise established by the Board, until either an award is final, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this section by or on behalf of a bidder/proposer shall result in the disqualification or rejection of the proposal, quotation, statement of qualification, bid or contract. For purposes of this provision, "lobbying" shall mean influencing or attempting to influence action or non-action, and/or attempting to obtain the goodwill of persons specified herein relating to the selection, ranking, or contract award in connection with any request for proposal, request for quotation, request for qualification, bid or purchasing contract through direct or indirect oral or written communication. The final award of a purchasing contract shall be the effective date of the purchasing contract. Any evaluation committee member, County government employee, elected/appointed official, or advisory board member who has been lobbied shall immediately report the lobbying activity to the Director. 38. ADDITIONAL REQUIREMENTS: The County reserves the right to request additional goods or services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary. 39. ADD/DELETE LOCATIONS SERVICES: The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County. In such case, the contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 40. INTEGRITY OF BID DOCUMENTS Bidders shall use the original Bid Form(s) provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations a bidder wishes to propose must be clearly stated in the bidder’s proposal response and presented in the form of an addendum to the original bid documents. 41. PUBLIC EMERGENCIES: It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God that Pinellas County shall require a “First Priority” for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the County. Vendor/contractor agrees to rent/sell/lease all goods and services to the County or governmental entities on a “first priority” basis. The County expects to pay a fair and reasonable price for all products and services rendered or contracted in the event of a disaster, emergency, hurricane, tornado or other acts of God. 21-0052-B(DG) Page 11 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 42. JOINT VENTURES: All Bidders intending to submit a bid as a Joint Venture are required to have filed proper documents with the Florida Department of State, the Division of Professions, Construction Industry Licensing Board and any other state or local licensing Agency prior to submitting the bid (see Section 489.119 Florida Statutes). Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal joint venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project. 43. CONFLICT OF INTEREST: a) The Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Bidder further represents that no person having any such interest shall be employed by him/her during the agreement term and any extensions. In addition, the Bidder shall not offer gifts or gratuities to County Employees as County Employees are not permitted to accept gifts or gratuities. By signing this bid document, the Bidder acknowledges that no gifts or gratuities have been offered to County Employees or anyone else involved in this competitive invitation to bid process. b) The Bidder shall promptly notify the County’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Bidder. The County agrees to notify the Bidder of its opinion, by certified mail, within thirty days of receipt of notification by the Bidder. c) It is essential to government procurement that the process be open, equitable and ethical. To this end, if potential unethical practices including but not limited to collusion, receipt or solicitation of gifts and conflicts of interest (direct/indirect) etc. are observed or perceived, please report such activity to: Pinellas County Clerk of Circuit Court – Division of Inspector General Phone – (727) 45FRAUD (453-7283) Fax – 727-464-8386 21-0052-B(DG) Page 12 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 44. PROTEST PROCEDURE: As per Section 2-162 of County Code (a) Right to Protest. A Vendor who is aggrieved by the contents of the bid or proposal package, or a Vendor who is aggrieved in connection with the recommended award on a bid or proposal solicitation, may file a written protest to the Director, as provided herein. This right to protest is strictly limited to those procurements of goods and/or services solicited through invitations to bid or requests for proposals, including solicitations pursuant to F.S. § 287.055, the "Consultants' Competitive Negotiation Act." No other actions or recommendations in connection with a solicitation can be protested, including: (i) requests for quotations, negotiations, qualifications or letters of interest; (ii) rejection of some, all or parts of bids or proposals; (iii) disqualification of bidders or proposers as non- responsive or non-responsible; or (iv) recommended awards less than the mandatory bid or proposal amount. Protests failing to comply with the provisions of this section shall not be reviewed. (b) Posting. The Purchasing Department shall post the recommended award on or through the departmental website. (c) Requirements to Protest. (1) If the protest relates to the content of the bid or proposal package, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after issuance of the bid or proposal package. (2) If the protest relates to the recommended award of a bid or proposal, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after posting of the award recommendation. (3) The formal written protest shall identify the protesting party and the solicitation involved; include a statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds. (4) A formal written protest is considered filed with the County when the Purchasing Department receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above by the Purchasing Department. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder or proposer. (d) Sole Remedy. These procedures shall be the sole remedy for challenging the content of the bid or proposal package or the recommended award. (e) Lobbying. Protestors and anyone acting on their behalf, are prohibited from attempts to influence, persuade, or promote a bid or proposal protest through any other channels or means, and contacting any County official, employee, advisory board member, or representative to discuss any matter relating in any way to the solicitation being protested, other than the Purchasing Department's or county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. The prohibitions provided for herein shall begin with the filing of the protest and end upon the final disposition of the protest; provided, however, at all times protestors shall be subject to the procurement lobbying prohibitions in section 2-189 of this Code. Failure to adhere to the prohibitions herein shall result in the rejection of the protest without further consideration. (f) Time Limits. The time limits in which protests must be filed as specified herein may be altered by specific provisions in the bid or proposal. (g) Authority to Resolve. The Director shall resolve the protest in accordance with the documentation and applicable legal authorities and shall issue a written decision to the protestor no later than 5:00 p.m. EST on the tenth full Business Day after the filing thereof. (h) Review of Director's Decision. (1) The protesting party may request a review of the Director's decision to the county administrator by delivering written request for review of the decision to the Director by 5:00 p.m. EST on the fifth full Business Day after the date of the written decision. The written notice shall include any materials, statements, and arguments which the bidder or proposer deems relevant to the issues raised in the request to review the decision of the Director. 21-0052-B(DG) Page 13 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 (2) The county administrator shall issue a decision in writing stating the reason for the action with a copy furnished to the protesting party no later than 5:00 p.m. EST on the seventh full Business Day after receipt of the request for review. The decision shall be final and conclusive as to the County unless a party commences action in a court of competent jurisdiction. (i) Stay of Procurement During Protests. There shall be no stay of procurement during protests. 45. DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF INVOICE PAYMENTS: Payment of invoices for work performed for Pinellas County Board of County Commissioners (County) is made, by standard, in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act. If a dispute should arise as a result of non-payment of a payment request or invoice the following Dispute Resolution process shall apply: A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what steps the vendor should undertake to correct the invoice and resubmit a proper invoice to the County. The steps taken by the vendor shall be that of initially contacting the requesting department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in keeping with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a “Corrected Invoice” to the requesting department which will initiate the payment timeline. 1 Requesting department for this purpose is defined as the County department for whom the work is performed. 2 Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Pinellas County. B. Should a dispute result between the vendor and the County about payment of a payment request or an invoice then the vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall assign a representative who shall act as a “Dispute Manager” to resolve the issue at departmental level. C. The Dispute Manager shall first initiate procedures to investigate the dispute and document the steps taken to resolve the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Pinellas County, and shall not extend beyond sixty (60) days after the date on which the payment request or invoice was received by Pinellas County. D. The Dispute Manager should investigate and ascertain that the work, for which the payment request or invoice has been submitted, was performed to Pinellas County’s satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Pinellas County representative who is designated as the approving authority for the work performed in the contractual document. The Dispute Manager shall perform the required investigation and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispute, per section 218.76, Florida Statutes. The County Administrator or his or her designee shall be the final arbiter in resolving the issue before it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing. E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute. F. Should the dispute be resolved in the County’s favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor’s favor the County shall pay interest as of the original date the payment was due. 21-0052-B(DG) Page 14 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 G. For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party If it is found that the non-prevailing party held back any payment that was the reason for the dispute without having any reasonable lawful basis or fact to dispute the prevailing party’s claim to those amounts. 46. PUBLIC RECORDS – CONTRACTOR’S DUTY 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 Pinellas County Board of County Commissioners, Purchasing Department, Operations Manager custodian of public records at 727-464-3311, purchase@pinellascounty.org, Pinellas County Government, Purchasing Department, Operations Manager, 400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756. 21-0052-B(DG)Page 15 of 30 SECTION B – SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) 1.INTENT - COOPERATIVE BID: This is a cooperative bid for the purpose of establishing a contract for Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) to order on an as needed basis by, but not limited to, the following participants: City of Clearwater City of Indian Rocks Beach Town of Indian Shores City of Oldsmar City of Tarpon Springs Pinellas County Board of County Commissioners Award shall be consistent among all of the above agency participants, but each entity shall make their own award. Each participating agency may execute its own contract with the successful bidder in accordance with its respective purchasing policies and procedures. Each participating agency will be responsible for issuing its own purchase order(s), and for order placement. 2.QUANTITIES: Quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous use and/or anticipated needs. 3.PRICING/PERIOD OF CONTRACT: Duration of the contract shall be for a period of sixty (60) months with unit prices adjustable (increase/decrease) starting at thirty-six (36) month period beyond the primary contract period. Price adjustments (Decrease/Increase) in an amount not to exceed the average of the Consumer Price Index (CPI) for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior. The extension shall be exercised only if all terms and conditions remain the same and the County Administrator or Director of Purchasing grants approval. 4.TERM EXTENSION(S) OF CONTRACT: The contract may be extended subject to written notice of agreement from the County and the successful bidder(s) for an additional 24 month period beyond the primary contract period. Term extensions will allow for price adjustments (Decrease/Increase) in an amount not to exceed the average of the Consumer Price Index (CPI) for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior to extension. The extension shall be exercised only if all terms and conditions remain the same and the County Administrator or Director of Purchasing grants approval. It is the vendor’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised extension period, the vendor’s request for adjustment should be submitted at time of the extension request from the County. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume the vendor has agreed that the extension term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new extension period may not be considered 5.PURCHASES AT LOWER PRICING: If an item is found during the course of the contract, at a lower price than that awarded by the bid, then the bidder shall extend the lower pricing to the County or the County may purchase that item for the lower price from another provider. The County will provide proof that the lower price is offered by another provider. If the successful contractor(s) lowers their pricing during the term of the contract, the successful contractor(s) shall automatically furnish the lower price to the County without prompting. 21-0052-B(DG)Page 16 of 30 SECTION B – SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 7.PRE-COMMENCEMENT MEETING: Upon award of bid, the County will coordinate a pre-commencement meeting with the successful Contractor. The meeting will require Contractor and the County Representative to review specific contract details and deliverable documents at this meeting to ensure the scope of work and work areas are understood. 8.SUBMISSION OF BIDS: The preferred method is PDF conversion from your source files (to minimize file size and maximize quality and accessibility) rather than scanning. Instructions for Providing Files in PDF Format to Pinellas County Government A.How do I convert my files to PDF format? Answer- If you have a program such as Adobe Acrobat, creating a PDF of any file is a simple print function. Rather than printing to a traditional printer, the file converts to a PDF format copy of your original. Any program (such as Word, PowerPoint, Excel, etc.) can be converted this way by simply selecting the print command and choosing PDF as the printer. B.Should I scan everything and save as PDF? Answer- Not unless you are scanning with OCR (optical character recognition). Scanning will create unnecessarily large files because a scan is just a picture of a page rather than actual page text. Furthermore, the result of scanning is that your pages will not look nearly as “clean” or professional as simply using the print to PDF method from the program from which the file originates. Additionally, since scan pages are pictures of text, not really text, they may not be considered accessible* under Federal ADA guidelines (*unless the scans are OCR.) 21-0052-B(DG) Page 17 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 The recommended vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to award of contract. Failure to provide the required insurance within the requested timeframe may result in your bid submittal deemed non-responsive. The Contracted vendor shall obtain and maintain, and require any sub-contractors to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better. a) Bid submittals should include, the Bidder’s current Certificate(s) of Insurance in accordance with the insurance requirements listed below. If Bidder does not currently meet insurance requirements, bidder shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. b) Bidder shall email certificate that is compliant with the insurance requirements to Dustin Guinta at dguinta@pinellascounty.org. If certificate received with bid was a compliant certificate no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). A copy of the endorsement(s) referenced in paragraph d) for Additional Insured shall be attached to the certificate(s) referenced in this paragraph. The certificate must name Pinellas County, a Political Subdivision of the State of Florida 400 S fort Harrison Avenue Clearwater, FL 33756, as certificate holder. Certificate marked “Sample”, or blank certificate holder information are not compliant. c) Approval by the County of any Certificate(s) of Insurance does not constitute verification by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Bid and/or contract period. d) All policies providing liability coverage(s), other than professional liability and workers compensation policies, obtained by the Bidder and any subcontractors to meet the requirements of the Agreement shall be endorsed to include Pinellas County a Political subdivision of the State of Florida as an Additional Insured. e) If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work, you will be notified by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s) of Insurance and endorsement(s) shall be furnished to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi Data at PinellasSupport@ididata.com by the Bidder or their agent prior to the expiration date. (1) Bidder shall also notify County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Bidder from its insurer. Notice shall be given by email to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org. Nothing contained herein shall absolve Bidder of this requirement to provide notice. (2) Should the Bidder, at any time, not maintain the insurance coverages required herein, the County may terminate the Agreement, or at its sole discretion may purchase such coverages necessary for the protection of the County and charge the Bidder for such purchase or offset the cost against amounts due to bidder for services completed. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance shall in no way be construed to be a waiver of any of its rights under the Agreement. f) The County reserves the right, but not the duty, to review and request a copy of the Contractor’s most recent annual report or audited financial statement when a self-insured retention (SIR) or deductible exceeds $50,000. 21-0052-B(DG) Page 18 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 g) If subcontracting is allowed under this Bid, the Prime Bidder shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below. (1) All subcontracts between Bidder and its subcontractors shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall (1) require each subcontractor to be bound to Bidder to the same extent Bidder is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor; (2) provide for the assignment of the subcontracts from Bidder to the County at the election of Owner upon termination of the Contract; (3) provide that County will be an additional indemnified party of the subcontract; (4) provide that the County will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability; (5) provide waiver of subrogation in favor of the County and other insurance terms and/or conditions as outlined below; (6) assign all warranties directly to the County; and (7) identify the County as an intended third- party beneficiary of the subcontract. Bidder shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. h) Each insurance policy and/or certificate shall include the following terms and/or conditions: (1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the County. If Bidder is a Joint Venture per Section A. titled Joint Venture of this Bid, Certificate of Insurance and Named Insured must show Joint Venture Legal Entity name and the Joint Venture must comply with the requirements of Section C with regard to limits, terms and conditions, including completed operations coverage. (2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County or any such future coverage, or to County's Self-Insured Retentions of whatever nature. (5) All policies shall be written on a primary, non-contributory basis. (6) Any Certificate(s) of Insurance evidencing coverage provided by a leasing company for either workers compensation or commercial general liability shall have a list of covered employees certified by the leasing company attached to the Certificate(s) of Insurance. The County shall have the right, but not the obligation to determine that the Bidder is only using employees named on such list to perform work for the County. Should employees not named be utilized by Bidder, the County, at its option may stop work without penalty to the County until proof of coverage or removal of the employee by the contractor occurs, or alternatively find the Bidder to be in default and take such other protective measures as necessary. Insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of Pinellas County from both the Bidder and subcontractor(s). 21-0052-B(DG) Page 19 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 i) The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed Operations exposure, are as follows: (1) Workers’ Compensation Insurance Limit Florida Statutory Employers’ Liability Limits Per Employee Per Employee Disease Policy Limit Disease $ 500,000 $ 500,000 $ 500,000 (2) Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury. Limits Combined Single Limit Per Occurrence Products/Completed Operations Aggregate Personal Injury and Advertising Injury General Aggregate $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 (3) Excess or Umbrella Liability Insurance excess of the primary coverage required, in paragraphs (1), (2), and (3) above: Limits Each Occurrence General Aggregate $ 1,000,000 $ 1,000,000 (4) Property Insurance Bidder will be responsible for all damage to its own property, equipment and/or materials. 21-0052-B(DG) Page 20 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 THE FOLLOWING INFORMATION IS REQUIRED IN ORDER THAT YOUR BID MAY BE REVIEWED AND PROPERLY EVALUATED. COMPANY NAME: ____________________________________________________________________________ LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS: _____________________________________________ BUSINESS ADDRESS: _________________________________________________________________________ HOW LONG IN PRESENT LOCATION: ____________________________________________________________ TELEPHONE NUMBER: ____________________________ FAX NUMBER: ______________________________ TOTAL NUMBER OF CURRENT EMPLOYEES: ________ FULL TIME _________ PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: __________ All references will be contacted by a County Designee via email, fax or phone call to obtain answers to questions, as applicable before an evaluation decision is made. LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR: 1. 2. COMPANY: ______________________________________ COMPANY: ______________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL:________________________________ CONTACT EMAIL:________________________________ 3. 4. COMPANY: _____________________________________ COMPANY: _____________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL:________________________________ CONTACT EMAIL:________________________________ 21-0052-B(DG) Page 21 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead Security Doors Maintenance, Repair and Replacement A. OBJECTIVE: This cooperative seeks to secure a contract to provide preventive maintenance, installation and repair services for manual and powered overhead doors as well as the purchase and installation of overhead/security doors to be provided on an as needed basis. B. SCOPE OF WORK: Work shall include all labor, tools, materials, equipment, permits, and facilities necessary to provide routine maintenance, new installation, repair and replacement of overhead doors, manual doors, and openers, at multiple facilities. Additional required services shall include scheduled preventive maintenance and inspection of manual and powered overhead/security doors at the locations specified. Pinellas County locations require preventive maintenance and inspection of manual and powered overhead/security semi- annually (every six months). Cooperative locations require preventive maintenance and inspection of manual and powered overhead/security at various frequencies (defer to Section F- Bid Summary attachment). Due the nature of some locations, certain doors will only require repair services (refer to the Section F- Bid Submittal and Summary attachment for list of doors with description, size and quantity along with locations). Installation, maintenance and repairs shall meet or exceed industry standards. 1. Preventive Maintenance Service: The Contractor shall perform each of the applicable tasks below and all other operations as recommended by the door and/or manufacturer. Maintenance and inspections include but are not limited to the following: a. Inspect all doors for proper working condition. b. Clean, lubricate and adjust all rollers, springs, and controls, as needed. c. Adjust and test all door safeties, as needed. d. Adjust and align all rails, tracks, drive motors, tensioners, sheaves, belts and chains, as needed. e. Inspect general arrangement of door and mechanism mountings, guides, wind locks, anchor bolts, counterbalances, weather stripping, etc. Clean, tighten, and adjust as required. f. Operate with power from stop to stop and at intermediate positions. g. Observe performance of various components such as brake, limit switches, motor, gear box, etc. clean and adjust as needed. h. Check operation of electric eye, treadle, or other operating devices. Clean and make adjustments. i. Check manual operations. Note brake releases, motor disengagement, functioning or hand pulls, chains sprockets, clutch, etc. j. Examine motor, starter, push button, etc.; blow out or vacuum, if needed. k. Inspect gear box, change or add oil as required. l. Perform required lubrication. Remove old or excess lubricant. m. Clean unit and mechanism thoroughly. Touch up paint where required. n. Clean up and remove all debris. 21-0052-B(DG) Page 22 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 2. Inspection Reporting: The contractor’s technicians shall document in writing the finding of each inspection and the preventive maintenance actions performed for each motorized door, motorized sliding door, sally port, fire door, and sign the report as certification of service provided. The contractor’s technicians shall sign in and out of the County’s facilities. Reports are to be provided to the appropriate County site contact/facility manager no later than 3 (three) business days after inspection. Failure to do so may result in a non-payment of the invoice for the provided service. Major deficiencies are defined as any condition affecting the safety of County personnel or public, inability of an overhead door to function reliably, inability of an overhead door to be shut and secured, as well as cracked, broken or missing window glass. 3. Repair Service Calls: The contractor shall be required to respond (on site) within twenty-four (24) hours of notification to perform normal repairs or adjustments. Work shall be completed during standard working hours unless authorized by the site’s facility manager. Failure to respond to a service call, within the designated time, may be considered valid cause for termination of this contract. In the event the contractor does not comply with this requirement, Pinellas County reserves the right to contact an alternate contractor for services. The contractor shall submit a cost proposal for all issued repair service calls based on bid submittal labor rates and parts discount off MSRP. The cost proposal must be submitted within two (2) days after the contractor visits the site and scopes the work and must include the original state and condition found. The contractor shall notify the County if it is determined to be less expensive to install a new door rather than refurbish the old door. A cost proposal for the new door including labor shall be submitted to the County. The City of Clearwater requires the contractor to be available 24/7 including holidays with a response time of two (2) hours. 4. New Installation And Replacement Service: The County reserves the right to seek competitive pricing on all work under this section at its own discretion, for any new installations or replacement that is deemed necessary to modernize, upgrade and bring the equipment up to the manufacturer's operating standards. All work is to be performed during standard hours of operation. 5. Material Requirements: Contractor is to furnish all consumable materials and replacement parts for this contract. 6. Tools And Equipment Requirements: Contractor is required to own and/or lease its vehicles and all related tools required to complete all tasks that pertain to the scope of the contract. Service vehicle shall be readily stocked to respond to after hours and emergency service calls. 21-0052-B(DG) Page 23 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 All rental equipment such as 2 man-lift or oversized forklift, and additional materials must be pre- approved and must be the result of extenuating circumstances. This documentation (copy of rental receipt verifying price and quantity), along with site sign in/out verification sheet and a draft invoice clearly marked draft will be delivered to the county representative for review and approval. Contractor actual cost for such expenses, with no-mark-up, as a separate line item on the final invoice(s) submitted upon completion of the project. 7. Warranty: The contractor and/or manufacturer shall fully warrant all equipment furnished under the conditions of this contract against defect in material and/or workmanship for a period of one year from the date of delivery/acceptance by the county representative. All material and/or equipment shall be warranted for one year or manufacturer's warranty, which is greater. Should defects in material or workmanship, except normal wear and tear, appear during the above stated warranty period, the contractor shall repair or replace at no cost to the County, immediately upon written notice from the county representative. The contractor shall be responsible for either repairing the equipment on site or transport the equipment to its repair facility at no cost to the county and shall provide temporary equipment replacement if repairs exceed 5 (five) days. The contractor shall provide a twelve (12) month extended warranty on new doors and operations longer than one year for no additional cost. 8. Unspecified: Unspecified work is defined as services that may be required due to unexpected conditions or events similar to the scope of work. Unspecified work is not guaranteed and must be properly authorized by the County before performed and ordered solely at the discretion of the County. Unspecified funds stated are an estimate only and no guarantee is given or implied as to the amount that will be used during the contract period. Unspecified includes the following, but not limited to: adding or deleting locations. 9. Invoices: The amount for repairs, new installation and replacement of doors to be reimbursed to the Contractor, are based on the total of actual receipts and invoices documenting a percent discount from manufacturer’s list price for parts and replacement doors identified in the bid submittal. Documentation of costs in the form of the manufacturer’s published list price shall accompany all invoices that show the discount off calculations. C. REQUIREMENTS 1. STANDARD HOURS OF OPERATION: All work is to be performed during standard working hours. County standard working hours are Monday through Friday, 7:00 AM to 5:00 PM. Non-standard working hours are Monday through Friday, 5:01 PM to 6:59 AM, weekends, and Pinellas County holidays. The contractor must provide a 24-hour point of contact for non-standard working hours. 21-0052-B(DG) Page 24 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 All County work must be scheduled with the County site representative (listed on the Section F- Bid Submittal and Summary spreadsheet). 2. AVAILABILITY AND RESPONSE TIMES: Contractor must respond to emergency calls within two (2) hours and routine repair request within twenty-four (24) hours. New installations must begin within thirty (30) days of authorization by the Pinellas County representative. If anticipated response time on new installation is expected to exceed thirty (30) days, facility manager approval must be obtained. If the awarded contractor cannot provide repairs within the timeframes specified by the terms of this contract, the County reserves the right to utilize another contractor. 3. SECURITY AND IDENTIFICATION REQUIREMENTS: All contractor employees are required to submit to a background check. The background check process shall be completed at least ten (10) days prior to the start of service. The contractor shall be responsible for all costs associated with the background checks. A valid driver license and Social Security card are required for completing the background check and obtaining security clearance. These security requirements are for Pinellas County only. The cooperative participants will provide any additional requirements for their own locations. Step One – The contractor shall obtain a Level One Criminal History Records Check (FDLE Records Check) through the Florida Department of Law Enforcement (FDLE) for each assigned employee. Step Two – The contractor shall submit the FDLE Records Check along with a copy of the driver’s license, Social Security card and completed Sheriff’s Office Security Clearance Application, for each employee, to the Facility Manager. The Pinellas County Sheriff’s Office shall have and exercise full and complete control over granting, denying, withholding, withdrawing, or terminating security clearances for contractor employees. Step Three – The Facility Manager will communicate the results of the Sheriff’s Office review to the contractor. A list of all assigned personnel, showing the employee’s full name, address, telephone number, date and place of birth, and driver license number shall be submitted to the Facility Manager. This list is to be kept current by the contractor and promptly submitted to the Facility Manager at the beginning of each month The contractor shall provide an updated FDLE Records Check for all personnel on an annual basis. The annual updates are to be sent to the respective Facility Manager for review by the Sheriff’s Office. Background check updates shall remain on file at the contractor’s location for three (3) years from the date of the last invoice. All contractor employees are required to wear picture identification (ID) badges, to be furnished by Pinellas County for the various facility locations. The contractor shall make the employees available for photographs on a schedule to be worked out with the Facility Manager. Access to sites not managed by the Real Estate Management Department needs to be coordinated with the county site representative for the specific department. The badges shall be made by the County before an 21-0052-B(DG)Page 25 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 individual may begin work and only after a favorable security clearance has been received. Contractor employees shall sign each badge at the time of receipt. The contractor will notify the respective Facility Manager when an employee badge is lost. It shall be the responsibility of the contractor to pay for replacement badges at the rate of $10.00 per badge. No employee shall be allowed to work without a current badge. Any contract employee who does not have proper identification shall be cause for the County to require removal of that employee from the property. D. SPECIAL REQUIREMENTS: 1. STANDARD SERVICES AGREEMENT:A. The awarded contractor will be required to execute a standard services agreement. No exceptions to the standard services agreement will be allowed. 21-0052-B(DG) Page 26 of 30 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) See Section F – Bid Submittal and Summary (Microsoft Excel) attachment DELIVERY _________ DAYS AFTER RECEIPT OF ORDER An award may not be issued without proof that your firm is registered with the Florida Division of Corporations, as per Florida Statute §607.1501 (http://www.flsenate.gov/Laws/Statutes/2011/607.1501). A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit www.sunbiz.org for this information on how to become registered. 21-0052-B(DG) Page 27 of 30 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) Electronic Payment (ePayables) The Board of County Commissioners (County) is offering faster payments. The County would prefer to make payment using credit card through the ePayables system. See Section A, number 27. Would your company accept to participate in the ePayables credit card program? Yes No For more information about ePayables credit card program please visit Purchasing Department website www.pinellascounty.org/purchase. Company Name Signature Printed Signature Phone Number 21-0052-B(DG)Page 28 of 30 W-9 REQUEST FOR TAXPAYER ID NUMBER AND CERTIFICATION PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 21-0052-B(DG) Page 29 of 30 SECTION G - ADDENDA ACKNOWLEDGMENT FORM PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead Security Doors Maintenance, Repair and Replacement (CO-OP) PLEASE ACKNOWLEDGE RECEIPT OF ADDENDA FOR THIS ITB/RFP BY SIGNING AND DATING BELOW: ADDENDA NO. SIGNATURE/PRINTED NAME DATE RECEIVED Note: Prior to submitting the response to this solicitation, it is the responsibility of the firm submitting a response to confirm if any addenda have been issued. If such document(s) have been issued, acknowledge receipt by signing and date in section above. Failure to do so may result in response being considered non-responsive or result in lowering the rating of a firm’s Bid. Information regarding Addenda issued is available on the Purchasing Department section of the County’s website at, www.pinellascounty.org/purchase/Current_Bids1.htm , listed under category, ‘Current Bids.’ 21-0052-B(DG Page 30 of 30 SECTION H – STATEMENT OF NO BID PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 NOTE: If you do not intend to bid on this requirement, please complete this form. Thank you. We, the undersigned have declined to submit a bid for No. 21-0052-B(DG) for OverheadSecurity Doors Maintenance, Repair and Replacement (CO-OP) Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet specifications. Unable to meet Bond requirement. Specifications unclear (explain below). Unable to Meet Insurance Requirements. Remove Us from Your "Notification List" Altogether Other (specify below). REMARKS: We understand that if the "No Bid" letter is not executed and returned our name may be deleted from the Bidders List of Pinellas County. COMPANY NAME: DATE: SIGNATURE: TYPED NAME OF ABOVE: TELEPHONE: FAX: EMAIL: Page 1 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 SERVICES AGREEMENT THIS SERVICES AGREEMENT (“Agreement”) is made as of this day of , 201 (“Effective Date”), by and between Pinellas County, a political subdivision of the State of Florida (“County”), and Stolze Door Company DBA Overhead Door of Clearwater (“Contractor”) (individually, “Party,” collectively, “Parties”). W I T N E S S E T H: WHEREAS, the County requested proposals pursuant to 21-0052-B(DG) (“ITB”) Overhead/Security Doors- Maintenance, Repair and Replacement services; and WHEREAS, based upon the County's assessment of Contractor's proposal, the County selected the Contractor to provide the Services as defined herein; and WHEREAS, Contractor represents that it has the experience and expertise to perform the Services as set forth in this Agreement. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements, terms and conditions herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. Definitions. A. “Agreement” means this Agreement, including all Exhibits, which are expressly incorporated herein by reference, and any amendments thereto. B. “County Confidential Information” means any County information deemed confidential and/or exempt from Section 119.07, Florida Statutes, and Section 24(a), Article 1 of the Florida Constitution, or other applicable lawand any other information designated in writing by the County as County Confidential Information. C. “Contractor Confidential Information” means any Contractor information that is designated as confidential and/or exempt by Florida’s public records law, including information that constitutes a trade secret pursuant to Chapter 688, Florida Statutes, and is designated in this Agreement or in writing as a trade secret by Contractor (unless otherwise determined to be a public record by applicable Florida law). Notwithstanding the foregoing, Contractor Confidential Information does not include information that: (i) becomes public other than as a result of a disclosure by the County in breach of the Agreement; (ii) becomes available to the County on a non-confidential basis from a source other than Contractor, which is not prohibited from disclosing such information by obligation to Contractor; (iii) is known by the County prior to its receipt from Contractor without any obligation or confidentiality with respect thereto; or (iv) is developed by the County independently of any disclosures made by Contractor. D. “Contractor Personnel” means all employees of Contractor, and all employees of subcontractors of Contractor, including, but not limited to temporary and/or leased employees, who are providing the Services at any time during the project term. E. “Services” means the work, duties and obligations to be carried out and performed safely by Contractor under this Agreement, as described throughout this Agreement and as specifically described in Exhibit A (“Statement of Work”) attached hereto and incorporated herein by reference. As used in this Agreement, Services shall include any component task, subtask, service, or function inherent, necessary, or a customary part of the Services, but not specifically described in this Agreement, and shall include the provision of all standard day-to- day administrative, overhead, and internal expenses, including costs of bonds and insurance as required herein, labor, materials, equipment, safety equipment, products, office supplies, consumables, tools, postage, computer hardware/software, telephone charges, copier usage, fax charges, travel, lodging, and per diem and all other costs required to perform Services except as otherwise specifically provided in this Agreement. Page 2 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 2. Conditions Precedent. This Agreement, and the Parties’ rights and obligations herein, are contingent upon and subject to the Contractor securing and/or providing the performance security, if required in Section 3, and the insurance coverage(s) required in Section 13, within ten (10) days of the Effective Date. No Services shall be performed by the Contractor and the County shall not incur any obligations of any type until Contractor satisfies these conditions. Unless waived in writing by the County, in the event the Contractor fails to satisfy the conditions precedent within the time required herein, the Agreement shall be deemed not to have been entered into and shall be null and void. 3. Services. A. Services. The County retains Contractor, and Contractor agrees to provide the Services. All Services shall be performed to the satisfaction of the County, and shall be subject to the provisions and terms contained herein and the Exhibits attached hereto. B. Services Requiring Prior Approval. Contractor shall not commence work on any Services requiring prior written authorization in the Statement of Work without approval from Contract Administration Coordinator or County Designee. C. Additional Services. From the Effective Date and for the duration of the project, the County may elect to have Contractor perform Services that are not specifically described in the Statement of Work attached hereto but are related to the Services (“Additional Services”), in which event Contractor shall perform such Additional Services for the compensation specified in the Statement of Work attached hereto. Contractor shall commence performing the applicable Additional Services promptly upon receipt of written approval as provided herein. D. De-scoping of Services. The County reserves the right, in its sole discretion, to de-scope Services upon written notification to the Contractor by the County. Upon issuance and receipt of the notification, the Contractor and the County shall enter into a written amendment reducing the appropriate Services Fee for the impacted Services by a sum equal to the amount associated with the de-scoped Services as defined in the payment schedule in this Agreement, if applicable, or as determined by mutual written consent of both Parties based upon the scope of work performed prior to issuance of notification. E. Independent Contractor Status and Compliance with the Immigration Reform and Control Act. Contractor is and shall remain an independent contractor and is neither agent, employee, partner, nor joint venturer of County. Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et seq, and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement. F. Non-Exclusive Services. This is a non-exclusive Agreement. During the term of this Agreement, and any extensions thereof, the County reserves the right to contract for another provider for similar services as it determines necessary in its sole discretion. G. Project Monitoring. During the term of the Agreement, Contractor shall cooperate with the County, either directly or through its representatives, in monitoring Contractor’s progress and performance of this Agreement. 4. Term of Agreement. A. Initial Term. The term of this Agreement shall commence on the Effective Date and shall remain in full force and for sixty (60) months, or until termination of the Agreement, whichever occurs first. Page 3 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 B. Term Extension. The Parties may extend the term of this Agreement for an additional twenty-four (24) month period(s) pursuant to the same terms, conditions, and pricing set forth in the Agreement by mutually executing an amendment to this Agreement, as provided herein. 5. Compensation and Method of Payment. A. Services Fee. As total compensation for the Services, the County shall pay the Contractor the sums as provided in this Section 5 (“Services Fee”), pursuant to the terms and conditions as provided in this Agreement. It is acknowledged and agreed by Contractor that this compensation constitutes a limitation upon County's obligation to compensate Contractor for such Services required by this Agreement, but does not constitute a limitation upon Contractor's obligation to perform all of the Services required by this Agreement. In no event will the Services Fee paid exceed the not-to-exceed sums set out in subsections 5.B. and C., unless the Parties agree to increase this sum by written amendment as authorized in Section 21 of the Agreement. B. The County agrees to pay the Contractor the not-to-exceed sum of $630,100.00 in the estimated average annual amount of $126,020.00, for Services completed and accepted as provided in Section 15 herein if applicable, payable on a fixed-fee basis for the deliverables as set out in Exhibit C, payable upon submittal of an invoice as required herein. The following municipalities are cooperative participants of this Tampa Bay Area Purchasing Cooperative (Cooperative) contract: City of Clearwater, City of Indian Rocks Beach, Town of Indian Shores, City of Oldsmar, City of Tarpon Springs. The Cooperative participants are responsible for the issuance of their own awards and funding in the not-to-exceed sum of $76,620.00 for the sixty-month term. Services shall be completed and accepted for the Cooperative locations as provided in Exhibit A herein, payable on a fixed- fee basis for the deliverables as set out in Exhibit C. The combined County and Cooperative not-to-exceed expenditure for the sixty-month term is $706,720.00, C. Travel Expenses. The Services Fee includes all travel, lodging and per diem expenses incurred by Contractor in performing the Services. D. Taxes. Contractor acknowledges that the County is not subject to any state or federal sales, use, transportation and certain excise taxes. Page 4 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 E. Payments. Contractor shall submit invoices for payments due as provided herein and authorized reimbursable expenses incurred with such documentation as required by County. Invoices shall be submitted to as provided in Exhibit D attached hereto. For time and materials Services, all Contractor Personnel shall maintain logs of time worked, and each invoice shall state the date and number of hours worked for Services authorized to be billed on a time and materials basis. All payments shall be made in accordance with the requirements of Section 218.70 et seq., Florida Statutes, “The Local Government Prompt Payment Act.” The County may dispute any payments invoiced by Contractor in accordance with the County’s Invoice Payments Dispute Resolution Process established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process. 6. Personnel. A. Qualified Personnel. Contractor agrees that each person performing Services in connection with this Agreement shall have the qualifications and shall fulfill the requirements set forth in this Agreement. B. Approval and Replacement of Personnel. The County shall have the right to approve all Contractor Personnel assigned to provide the Services, which approval shall not be unreasonably withheld. Prior to commencing the Services, the Contractor shall provide at least ten (10) days written notice of the names and qualifications of the Contractor Personnel assigned to perform Services pursuant to the Agreement. Thereafter, during the term of this Agreement, the Contractor shall promptly and as required by the County provide written notice of the names and qualifications of any additional Contractor Personnel assigned to perform Services. The County, on a reasonable basis, shall have the right to require the removal and replacement of any of the Contractor Personnel performing Services, at any time during the term of the Agreement. The County will notify Contractor in writing in the event the County requires such action. Contractor shall accomplish any such removal within forty-eight (48) hours after receipt of notice from the County and shall promptly replace such person with another person, acceptable to the County, with sufficient knowledge and expertise to perform the Services assigned to such individual in accordance with this Agreement. In situations where individual Contractor Personnel are prohibited by applicable law from providing Services, removal and replacement of such Contractor Personnel shall be immediate and not subject to such forty-eight (48) hour replacement timeframe and the provisions of Section 7. A.1. shall apply if minimum required staffing is not maintained. 7. Termination. A. Contractor Default Provisions and Remedies of County. 1. Events of Default. Any of the following shall constitute a “Contractor Event of Default” hereunder: (i) Contractor fails to maintain the staffing necessary to perform the Services as required in the Agreement, fails to perform the Services as specified in the Agreement, or fails to complete the Services within the completion dates as specified in the Agreement; (ii) Contractor breaches Section 9 (Confidential Information); (iii) Contractor fails to gain acceptance of a deliverable per Section 15, if applicable, for two (2) consecutive iterations; or (iv) Contractor fails to perform or observe any of the other material provisions of this Agreement. 2. Cure Provisions. Upon the occurrence of a Contractor Event of Default as set out above, the County shall provide written notice of such Contractor Event of Default to Contractor (“Notice to Cure”), and Contractor shall have thirty (30) calendar days after the date of a Notice to Cure to correct, cure, and/or remedy the Contractor Event of Default described in the written notice. Page 5 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 3. Termination for Cause by the County. In the event that Contractor fails to cure a Contractor Event of Default as authorized herein, or upon the occurrence of a Contractor Event of Default as specified in Section 7.A.1.(iii), the County may terminate this Agreement in whole or in part, effective upon receipt by Contractor of written notice of termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the County. B. County Default Provisions and Remedies of Contractor. 1. Events of Default. Any of the following shall constitute a “County Event of Default” hereunder: (i) the County fails to make timely undisputed payments as described in this Agreement; (ii) the County breaches Section 9 (Confidential Information); or (iii) the County fails to perform any of the other material provisions of this Agreement. 2. Cure Provisions. Upon the occurrence of a County Event of Default as set out above, Contractor shall provide written notice of such County Event of Default to the County (“Notice to Cure”), and the County shall have thirty (30) calendar days after the date of a Notice to Cure to correct, cure, and/or remedy the County Event of Default described in the written notice. 3. Termination for Cause by Contractor. In the event the County fails to cure a County Event of Default as authorized herein, Contractor may terminate this Agreement in whole or in part effective on receipt by the County of written notice of termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the Contractor. C. Termination for Convenience. Notwithstanding any other provision herein, the County may terminate this Agreement, without cause, by giving thirty (30) days advance written notice to the Contractor of its election to terminate this Agreement pursuant to this provision. 8. Time is of the Essence. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance, including the Services as described in Exhibits attached hereto; provided, however, that the foregoing shall not be construed to limit a Party’s cure period allowed in the Agreement. 9. Confidential Information and Public Records. A. County Confidential Information. Contractor shall not disclose to any third party County Confidential Information that Contractor, through its Contractor Personnel, has access to or has received from the County pursuant to its performance of Services pursuant to the Agreement, unless approved in writing by the County Contract Manager. All such County Confidential Information will be held in trust and confidence from the date of disclosure by the County, and discussions involving such County Confidential Information shall be limited to Contractor Personnel as is necessary to complete the Services. B. Contractor Confidential Information. All Contractor Confidential Information received by the County from Contractor will be held in trust and confidence from the date of disclosure by Contractor and discussions involving such Contractor Confidential Information shall be limited to the members of the County’s staff and the County’s subcontractors who require such information in the performance of this Agreement. The County acknowledges and agrees to respect the copyrights, registrations, trade secrets and other proprietary rights of Contractor in the Contractor Confidential Information during and after the term of the Agreement and shall at all times maintain the confidentiality of the Contractor Confidential Information provided to the County, subject to federal law and the laws of the State of Florida related to public records disclosure. Contractor shall be solely responsible for taking any and all action it deems necessary to protect its Contractor Confidential Information except as provided herein. Contractor acknowledges that the County is subject to public records legislation, including but not limited to Chapter 119, Florida Statutes, and the Florida Rules of Judicial Administration, and that any of the County’s obligations under this Section may be superseded by its obligations under any requirements of said laws. Page 6 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 C. Public Records. Contractor acknowledges that information and data it manages as part of the services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County public records policies. Contractor agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws, regulations, and County policies, including but not limited to the Section 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the Contractor agrees to charge the County, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes, and County policy for locating and producing public records during the term of this Agreement. 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 Pinellas County Board of County Commissioners, Purchasing and Risk Management Department, Operations Manager custodian of public records at 727-464-3311, purchase@pinellascounty.org, Pinellas County Government, Purchasing and Risk Management Department, Operations Manager, 400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756. 10. Audit. Contractor shall retain all records relating to this Agreement for a period of at least five (5) years after final payment is made. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, County reserves the right to examine and/or audit such records. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state, county and local laws, ordinances, rules and regulations in the performance of its obligations under this Agreement, including the procurement of permits and certificates where required, and including but not limited to laws related to Workers Compensation, Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Minority Business Enterprise (MBE), occupational safety and health and the environment, equal employment opportunity, privacy of medical records and information, as applicable. Failure to comply with any of the above provisions shall be considered a material breach of the Agreement. 12. Public Entities Crimes Contractor is directed to the Florida Public Entities Crime Act, Section 287.133, Florida Statutes, as well as Florida Statute 287.135 regarding Scrutinized Companies, and represents to County that Contractor is qualified to transact business with public entities in Florida, and to enter into and fully perform this Agreement subject to the provisions state therein. Failure to comply with any of the above provisions shall be considered a material breach of the Agreement. 13. Liability and Insurance. A. Insurance. Contractor shall comply with the insurance requirements set out in Exhibit B, attached hereto and incorporated herein by reference. B. Indemnification. Contractor agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of Contractor; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; except only such injury or damage as shall have been occasioned by the sole negligence of the County. Page 7 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 C. Liability. Neither the County nor Contractor shall make any express or implied agreements, guaranties or representations, or incur any debt, in the name of or on behalf of the other Party. Neither the County nor Contractor shall be obligated by or have any liability under any agreements or representations made by the other that are not expressly authorized hereunder. The County shall have no liability or obligation for any damages to any person or property directly or indirectly arising out of the operation by Contractor of its business, whether caused by Contractor’s negligence or willful action or failure to act. D. Contractor’s Taxes. The County will have no liability for any sales, service, value added, use, excise, gross receipts, property, workers’ compensation, unemployment compensation, withholding or other taxes, whether levied upon Contractor or Contractor’s assets, or upon the County in connection with Services performed or business conducted by Contractor. Payment of all such taxes and liabilities shall be the responsibility of Contractor. 14. County’s Funding. The Agreement is not a general obligation of the County. It is understood that neither this Agreement nor any representation by any County employee or officer creates any obligation to appropriate or make monies available for the purpose of the Agreement beyond the fiscal year in which this Agreement is executed. No liability shall be incurred by the County, or any department, beyond the monies budgeted and available for this purpose. If funds are not appropriated by the County for any or all of this Agreement, the County shall not be obligated to pay any sums provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify Contractor in writing of such failure of appropriation, and upon receipt of such notice, this Agreement, and all rights and obligations contained herein, shall terminate without liability or penalty to the County. 15. Acceptance of Services. For all Services deliverables that require County acceptance as provided in the Statement of Work, the County, through Holly Connor, Contract Administration Coordinator or designee, will have ten (10) calendar days to review the deliverable(s) after receipt or completion of same by Contractor, and either accept or reject the deliverable(s) by written notice to Stolze Door Company DBA Overhead Door of Clearwater. If a deliverable is rejected, the written notice from the County will specify any required changes, deficiencies, and/or additions necessary. Contractor shall then have seven (7) calendar days to revise the deliverable(s) to resubmit and/or complete the deliverable(s) for review and approval by the County, who will then have seven (7) calendar days to review and approve, or reject the deliverable(s); provided however, that Contractor shall not be responsible for any delays in the overall project schedule that result from the County’s failure to timely approve or reject deliverable(s) as provided herein. Upon final acceptance of the deliverable(s), the County will accept the deliverable(s) in writing. 16. Subcontracting/Assignment. A. Subcontracting. Contractor is fully responsible for completion of the Services required by this Agreement and for completion of all subcontractor work, if authorized as provided herein. Contractor shall not subcontract any work under this Agreement to any subcontractor other than the subcontractors specified in the proposal and previously approved by the County, without the prior written consent of the County, which shall be determined by the County in its sole discretion. B. Assignment. This Agreement, and all rights or obligations hereunder, shall not be assigned, transferred, or delegated in whole or in part, including by acquisition of assets, merger, consolidation, dissolution, operation of law, change in effective control of the Contractor, or any other assignment, transfer, or delegation of rights or obligations, without the prior written consent of the County. The Contractor shall provide written notice to the County within fifteen (15) calendar days of any action or occurrence assigning the Agreement or any rights or obligations hereunder as described in this section. In the event the County does not consent to the assignment, as determined in its sole discretion, the purported assignment in violation of this section shall be null and void, and the County may elect to terminate this Agreement by providing written notice of its election to terminate pursuant to this provision upon fifteen (15) days notice to Contractor. Page 8 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 17. Survival. The following provisions shall survive the expiration or termination of the Term of this Agreement: 7, 9, 10, 13 20, 23, and any other which by their nature would survive termination. 18. Notices. All notices, authorizations, and requests in connection with this Agreement shall be deemed given on the day they are: (1) deposited in the U.S. mail, postage prepaid, certified or registered, return receipt requested; or (2) sent by air express courier (e.g., Federal Express, Airborne, etc.), charges prepaid, return receipt requested; or (iii) sent via email and addressed as set forth below, which designated person(s) may be amended by either Party by giving written notice to the other Party: For County: For Contractor: Attn: Holly Connor Contract Administration Coordinator Dpeartment of Administrative Services, Facilities and Real property Division, Pinellas County 509 East Avenue South Clearwater, FL 33756 Attn: Stolze Door Company DBA Overhead Door of Clearwater Matt Bigelow 12855 A Daniels Dr, Clearwater FL 33762 727-561-9090 matt@overheadclw.com with a copy to: Purchasing Director Pinellas County Purchasing Department 400 South Fort Harrison Avenue Clearwater, FL 33756 19. Conflict of Interest. A. The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the Services required hereunder, and that no person having any such interest shall be employed by Contractor during the agreement term and any extensions B. The Contractor shall promptly notify the County in writing of any business association, interest, or other circumstance which constitutes a conflict of interest as provided herein. If the Contractor is in doubt as to whether a prospective business association, interest, or other circumstance constitutes a conflict of interest, the Contract may identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion as to whether the business association, interest or circumstance constitutes a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion within (10) calendar days of receipt of notification by the Contractor, which shall be binding on the Contractor. 20. Right to Ownership. All work created, originated and/or prepared by Contractor in performing Services pursuant to the Agreement, including reports and other documentation or improvements related thereto, to the extent that such work, products, documentation, materials or information are described in or required by the Services (collectively, the “Work Product”) shall be County’s property when completed and accepted, if acceptance is required in this Agreement, and the County has made payment of the sums due therefore. The ideas, concepts, know-how or techniques developed during the course of this Agreement by the Contractor or jointly by Contractor and the County may be used by the County without obligation of notice or accounting to the Contractor. Any data, information or other materials furnished by the County for use by Contractor under this Agreement shall remain the sole property of the County. 21. Amendment. This Agreement may be amended by mutual written agreement of the Parties hereto. Page 9 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 22. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement impossible to perform. 23. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (without regard to principles of conflicts of laws). The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a Party elects to file an action in federal court) courts located in or for Pinellas County, Florida. This choice of venue is intended by the Parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the Parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each Party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. 24. Waiver. No waiver by either Party of any breach or violation of any covenant, term, condition, or provision of this Agreement or of the provisions of any ordinance or law, shall be construed to waive any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same. 25. Due Authority. Each Party to this Agreement represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the Party is authorized to do so; (iii) this Agreement constitutes a valid and legally binding obligation of the Party, enforceable in accordance with its terms. 26. No Third Party Beneficiary. The Parties hereto acknowledge and agree that there are no third party beneficiaries to this Agreement. Persons or entities not a party to this Agreement may not claim any benefit from this Agreement or as third party beneficiaries hereto. 27. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations or agreements either oral or written. (Signature Page Follows) Page 10 of 17 Pinellas County Purchasing and Risk Management Standard Services Agreement 07-2017 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written. PINELLAS COUNTY, FLORIDA By and through its Stolze Door Company DBA Overhead Door of Clearwater County Administrator By: By Signature Print Name Title Approved as to Form By: Office of the County Attorney Barry Burton 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT A STATEMENT OF WORK PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 A. OBJECTIVE: This cooperative seeks to secure a contract to provide preventive maintenance, installation and repair services for manual and powered overhead doors as well as the purchase and installation of overhead/security doors to be provided on an as needed basis. B. SCOPE OF WORK: Work shall include all labor, tools, materials, equipment, permits, and facilities necessary to provide routine maintenance, new installation, repair and replacement of overhead doors, manual doors, and openers, at multiple facilities. Additional required services shall include scheduled preventive maintenance and inspection of manual and powered overhead/security doors at the locations specified. Pinellas County locations require preventive maintenance and inspection of manual and powered overhead/security semi- annually (every six months). Cooperative locations require preventive maintenance and inspection of manual and powered overhead/security at various frequencies (defer to Section F- Bid Summary attachment). Due the nature of some locations, certain doors will only require repair services (refer to the Section F- Bid Submittal and Summary attachment for list of doors with description, size and quantity along with locations). Installation, maintenance and repairs shall meet or exceed industry standards. 1. Preventive Maintenance Service: The Contractor shall perform each of the applicable tasks below and all other operations as recommended by the door and/or manufacturer. Maintenance and inspections include but are not limited to the following: a. Inspect all doors for proper working condition. b. Clean, lubricate and adjust all rollers, springs, and controls, as needed. c. Adjust and test all door safeties, as needed. d. Adjust and align all rails, tracks, drive motors, tensioners, sheaves, belts and chains, as needed. e. Inspect general arrangement of door and mechanism mountings, guides, wind locks, anchor bolts, counterbalances, weather stripping, etc. Clean, tighten, andadjust as required. f. Operate with power from stop to stop and at intermediate positions. g. Observe performance of various components such as brake, limit switches, motor, gearbox, etc. clean and adjust as needed. h. Check operation of electric eye, treadle, or other operating devices. Clean and make adjustments. i. Check manual operations. Note brake releases, motor disengagement, functioning orhand pulls, chains sprockets, clutch, etc. j. Examine motor, starter, push button, etc.; blow out or vacuum, if needed. k. Inspect gear box, change or add oil as required. l. Perform required lubrication. Remove old or excess lubricant. m. Clean unit and mechanism thoroughly. Touch up paint where required. n. Clean up and remove all debris. 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT A STATEMENT OF WORK PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 2. Inspection Reporting: The contractor’s technicians shall document in writing the finding of each inspection and the preventive maintenance actions performed for each motorized door, motorized sliding door, sally port, fire door, and sign the report as certification of service provided. The contractor’s technicians shall sign in and out of the County’s facilities. Reports are to be provided to the appropriate County site contact/facility manager no later than 3 (three) business days after inspection. Failure to do so may result in a non-payment of the invoice for the provided service. Major deficiencies are defined as any condition affecting the safety of County personnel or public, inability of an overhead door to function reliably, inability of an overhead door to be shut and secured, as well as cracked, broken or missing window glass. 3. Repair Service Calls: The contractor shall be required to respond (on site) within twenty-four (24) hours of notification to perform normal repairs or adjustments. Work shall be completed during standard working hours unless authorized by the site’s facility manager. Failure to respond to a service call, within the designated time, may be considered valid cause for termination of this contract. In the event the contractor does not comply with this requirement, Pinellas County reserves the right to contact an alternate contractor for services. The contractor shall submit a cost proposal for all issued repair service calls based on bid submittal labor rates and parts discount off MSRP. The cost proposal must be submitted within two (2) days after the contractor visits the site and scopes the work and must include the original state and condition found. The contractor shall notify the County if it is determined to be less expensive to install a new door rather than refurbish the old door. A cost proposal for the new door including labor shall be submitted to the County. The City of Clearwater requires the contractor to be available 24/7 including holidays with a response time of two (2) hours. 4. New Installation And Replacement Service: The County reserves the right to seek competitive pricing on all work under this section at its own discretion, for any new installations or replacement that is deemed necessary to modernize, upgrade and bring the equipment up to the manufacturer's operating standards. All work is to be performed during standard hours of operation. 5. Material Requirements: Contractor is to furnish all consumable materials and replacement parts for this contract. 6. Tools And Equipment Requirements: Contractor is required to ownand/or lease its vehicles andall related tools required to complete all tasks that pertain to the scope of the contract. Service vehicle shall be readily stocked to respond to after hours and emergency service calls. 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT A STATEMENT OF WORK PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 All rental equipment such as 2 man-lift or oversized forklift, and additional materials must be pre- approved and must be the result of extenuating circumstances. This documentation (copy of rental receipt verifying price and quantity), along with site sign in/out verification sheet and a draft invoice clearly marked draft will be delivered to the county representative for review and approval. Contractor actual cost for such expenses, with no-mark-up, as a separate line item on the final invoice(s) submitted upon completion of the project. 7. Warranty: The contractor and/or manufacturer shall fully warrant all equipment furnished under the conditions of this contract against defect in material and/or workmanship for a period of one year from the date of delivery/acceptance by the county representative. All material and/or equipment shall be warranted for one year or manufacturer's warranty, which is greater. Should defects in material or workmanship, except normal wear and tear, appear during the above stated warranty period, the contractor shall repair or replace at no cost to the County, immediately upon written notice from the county representative. The contractor shall be responsible for either repairing the equipment on site or transport the equipment to its repair facility at no cost to the county and shall provide temporary equipment replacement if repairs exceed 5 (five) days. The contractor shall provide a twelve (12) month extended warranty on new doors and operations longer than one year for no additional cost. 8. Unspecified: Unspecified work is defined as services that may be required due to unexpected conditions or events similar to the scope of work. Unspecified work is not guaranteed and must be properly authorized by the County before performed and ordered solely at the discretion of the County. Unspecified funds stated are an estimate only and no guarantee is given or implied as to the amount that will be used during the contract period. Unspecified includes the following, but not limited to: adding or deleting locations. 9. Invoices: The amount for repairs, new installation and replacement of doors to be reimbursed to the Contractor, are based on the total of actual receipts and invoices documenting a percent discount from manufacturer’s list price for parts and replacement doors identified in the bid submittal. Documentation of costs in the form of the manufacturer’s published list price shall accompany all invoices that show the discount off calculations. C. REQUIREMENTS 1. STANDARD HOURS OF OPERATION: All work is to be performed during standard working hours. County standard working hours are Monday through Friday, 7:00 AM to 5:00 PM. Non-standard working hours are Monday through Friday, 5:01 PM to 6:59 AM,weekends, and Pinellas County holidays. The contractor must provide a 24-hour point of contact for non-standard working hours. SERVICES AGREEMENT EXHIBIT A STATEMENT OF WORK All County work must be scheduled with the County site representative (listed on the Section F- BidSubmittal and Summary spreadsheet). 2.AVAILABILITY AND RESPONSE TIMES: Contractor must respond and provide quote for emergency calls within two (2) hours and routine repair request withintwenty-four (24) hours. New installations must begin within thirty (30) days of authorization by the Pinellas County representative. If anticipated response time on new installation is expected to exceed thirty (30) days, facilitymanager approval must be obtained. If the awarded contractor cannot provide repairs within the timeframes specified by the terms ofthis contract, the County reserves the right to utilize another contractor. 3.SECURITY AND IDENTIFICATION REQUIREMENTS: All contractor employees are required to submit to a background check. The background check process shall be completed at least ten (10) days prior to the start of service. The contractor shall be responsible for all costs associated with the background checks. A valid driver license and SocialSecurity card are required for completing the background check and obtaining security clearance. These security requirements are for Pinellas County only. The cooperative participants will provideany additional requirements for their own locations. Step One – The contractor shall obtain a Level One Criminal History Records Check (FDLE Records Check) through the Florida Department of Law Enforcement (FDLE) for each assignedemployee. Step Two – The contractor shall submit the FDLE Records Check along with a copy of the driver’s license, Social Security card and completed Sheriff’s Office Security Clearance Application, for each employee, to the Facility Manager. The Pinellas County Sheriff’s Office shall have and exercise full and complete control over granting, denying, withholding, withdrawing, or terminating security clearances for contractor employees. Step Three – The Facility Manager will communicate the results of the Sheriff’s Office review to the contractor. A list of all assigned personnel, showing the employee’s full name, address, telephone number, date and place of birth, and driver license number shall be submitted to the Facility Manager. Thislist is to be kept current by the contractor and promptly submitted to the Facility Manager at the beginning of each month The contractor shall provide an updated FDLE Records Check for all personnel on an annual basis.The annual updates are to be sent to the respective Facility Manager for review by the Sheriff’s Office. Background check updates shall remain on file at the contractor’s location for three (3) yearsfrom the date of the last invoice. All contractor employees are required to wear picture identification (ID) badges, to be furnished by 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT A PAYMENT SCHEDULE Pinellas County for the various facility locations. The contractor shall make the employees availablefor photographs on a schedule to be worked out with the Facility Manager. Access to sites not managed by the Real Estate Management Department needs to be coordinated with the county site representative for the specific department. PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT B INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 The recommended vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to award of contract. Failure to provide the required insurance within the requested timeframemay result in your bid submittal deemed non-responsive. The Contracted vendor shall obtain and maintain, and require any sub-contractors to obtain and maintain, at all times duringits performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Floridaand have an AM Best rating of A- VIII or better. a) Bid submittals should include, the Bidder’s current Certificate(s) of Insurance in accordance with the insurance requirements listed below. If Bidder does not currently meet insurance requirements, bidder shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. b) Bidder shall email certificate that is compliant with the insurance requirements to Dustin Guinta at dguinta@pinellascounty.org. If certificate received with bid was a compliant certificate no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). A copy of the endorsement(s) referenced in paragraph d) for Additional Insured shall be attached to the certificate(s) referenced in this paragraph. The certificate must name Pinellas County, a Political Subdivision of the State of Florida 400 S fort Harrison Avenue Clearwater, FL 33756, as certificate holder. Certificate marked “Sample”, or blank certificate holder information are not compliant. c) Approval by the County of any Certificate(s) of Insurance does not constitute verification by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Bid and/or contract period. d) All policies providing liability coverage(s), other than professional liability and workers compensation policies, obtained by the Bidder and any subcontractors to meet the requirements of the Agreement shall be endorsed to include Pinellas County a Political subdivision of the State of Florida as an Additional Insured. e) If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work, you will be notified by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s) of Insurance and endorsement(s) shall be furnished to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi Data at PinellasSupport@ididata.com by the Bidder or their agent prior to the expiration date. (1) Bidder shall also notify County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Bidder from its insurer. Notice shall be given by email to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org. Nothing containedherein shall absolve Bidder of this requirement to provide notice. (2) Should the Bidder, at any time, not maintain the insurance coverages required herein, the County may terminate the Agreement, or at its sole discretion may purchase such coverages necessary for the protection of the County and charge the Bidder for such purchase or offset the cost against amounts due to bidder for services completed. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance shall in no way be construed to be a waiver of any of its rights under the Agreement. f) The County reserves the right, but not the duty, to review and request a copy of the Contractor’s most recent annual report or audited financial statement when a self-insured retention (SIR) or deductible exceeds $50,000. 21-0052-B(DG) SERVICES AGREEMENT EXHIBIT B INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 g) If subcontracting is allowed under this Bid, the Prime Bidder shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below. (1) All subcontracts between Bidder and its subcontractors shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall (1) require each subcontractor to be bound to Bidder to the same extent Bidder is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor; (2) provide for the assignment of the subcontracts from Bidder to the County at the election of Owner upon termination of the Contract; (3) provide that County will be an additional indemnified party of the subcontract; (4) provide that the County will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability; (5) provide waiver of subrogation in favor of the County and other insurance terms and/or conditions as outlined below; (6) assign all warranties directly to the County; and (7) identify the County as an intended third- party beneficiary of the subcontract. Bidder shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. h) Each insurance policy and/or certificate shall include the following terms and/or conditions: (1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the County. If Bidder is a Joint Venture per Section A. titled Joint Venture of this Bid, Certificate of Insurance and Named Insured must show Joint Venture Legal Entity name and the Joint Venture must comply with the requirements of Section C with regard to limits, terms and conditions, including completed operations coverage. (2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County or any such future coverage, or to County's Self-Insured Retentions of whatever nature. (5) All policies shall be written on a primary, non-contributory basis. (6) Any Certificate(s) of Insurance evidencing coverage provided by a leasing company for either workers compensation or commercial general liability shall have a list of covered employees certified by the leasing company attached to the Certificate(s) of Insurance. The County shall have the right, but not the obligation to determine that the Bidder is only using employees named on such list to perform work for the County. Should employees not named be utilized by Bidder, the County, at its option may stop work without penalty to the County until proof of coverage or removal of the employee by the contractor occurs, or alternatively find the Bidder to be in default and take such other protective measures as necessary. Insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of Pinellas Countyfrom both the Bidder and subcontractor(s). SERVICES AGREEMENT EXHIBIT B INSURANCE REQUIREMENTS i) The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed Operations exposure, are as follows: (1) Workers’ Compensation Insurance Lim it Florida Statutory Employers’ Liability Limits Per Employee Per Employee Disease Policy Limit Disease $ 500,000 $ 500,000 $ 500,000 (2) Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual LiabilityPremises/Operations, Products/Completed Operations, and Personal Injury. Limits Combined Single Limit Per Occurrence Products/Completed Operations Aggregate Personal Injury and Advertising Injury General Aggregate $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 (3) Excess or Umbrella Liability Insurance excess of the primary coverage required, in paragraphs (1), (2), and (3)above: Limits Each Occurrence General Aggregate $ 1,000,000 $ 1,000,000 (4) Property Insurance Bidder will be responsible for all damage to its own property, equipment and/or materials. SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE Pinellas County Board of County Commissioners Locations SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 City of Clearwater Locations SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 City of Indian Rocks Beach Locations SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 Town of Indian Shores SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 City of Oldsmar SERVICES AGREEMENT EXHIBIT C PAYMENT SCHEDULE PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 City of Tarpon Springs SERVICES AGREEMENT EXHIBIT D PAYMENT/INVOICES PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 PAYMENT/INVOICES: SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department: Finance Division Accounts Payable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 Each invoice shall include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown in below. The County may dispute any payments invoiced by SUPPLIER in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process. INVOICE INFORMATION: Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO Remit To Billing address to which you are requesting payment be sent Invoice Date Creation date of the invoice Invoice Number Company tracking number Shipping Address Address where goods and/or services were delivered Ordering Department Name of ordering department, including name and phone number of contact person PO Number Standard purchase order number Ship Date Date the goods/services were sent/provided Quantity Quantity of goods or services billed Description Description of services or goods delivered Unit Price Unit price for the quantity of goods/services delivered Line Total Amount due by line item Invoice Total Sum of all of the line totals for the invoice Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas County purchasing website at www.pinellascounty.org/purchase. SERVICES AGREEMENT EXHIBIT E DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF INVOICE PAYMENTS: PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 Payment of invoices for work performed for Pinellas County Board of County Commissioners (County) is made, by standard, in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act. If a dispute should arise as a result of non-payment of a payment request or invoice the following Dispute Resolution process shall apply: A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what steps the vendor should undertake to correct the invoice and resubmit a proper invoice to the County. The steps taken by the vendor shall be that of initially contacting the requesting department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in keeping with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a “Corrected Invoice” to the requesting department which will initiate the payment timeline. 1.) Requesting department for this purpose is defined as the County department for whom the work is performed. 2.) Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Pinellas County. B. Should a dispute result between the vendor and the County about payment of a payment request or an invoice then the vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall assign a representative who shall act as a “Dispute Manager” to resolve the issue at departmental level. C. The Dispute Manager shall first initiate procedures to investigate the dispute and document the steps taken to resolve the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Pinellas County, and shall not extend beyond sixty (60) days after the date on which the payment request or invoice was received by Pinellas County. D. The Dispute Manager should investigate and ascertain that the work, for which the payment request or invoice has been submitted, was performed to Pinellas County’s satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Pinellas County representative who is designated as the approving authority for the work performed in the contractual document. The Dispute Manager shall perform the required investigation and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispute, per section 218.76, Florida Statutes. The County Administrator or his or her designee shall be the final arbiter in resolving the issue before it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing. E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute. SERVICES AGREEMENT EXHIBIT E DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF INVOICE PAYMENTS: PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 F. Should the dispute be resolved in the County’s favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor’s favor the County shall pay interest as of the original date the payment was due. G. For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party If it is found that the non-prevailing party held back any payment that was the reason for the dispute without having any reasonable lawful basis or fact to dispute the prevailing party’s claim to those amounts. PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 SEALED BID • DO NOT OPEN SEALED BID NO.: 21-0052-B(DG) BID TITLE: Overhead/Security Doors- Maintenance, Repair and Replacement: A Tampa Bay Area Purchasing Cooperative Contract (CO-OP) DUE DATE/TIME: SUBMIT BY: February 18, 2021 @ 3:00 p.m. ___________________________ (Name of Company) Please Note: From time to time, addenda may be issued to this bid. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase, from which you obtained this bid. Before submitting your bid/proposal you should check our Web site to download any addenda that may have been issued. Please remember to sign and return Addenda Acknowledgement Form with completed bid package if applicable. 21-0052-BB (DG)Page 1 of 30 PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS 400 S. FT. HARRISON AVENUE ANNEX BUILDING – 6TH FLOOR CLEARWATER, FL 33756 INVITATION TO BID ISSUE DATE: BID SUBMITTALS RECEIVED AFTER SUBMITTAL DATE & TIME WILL NOT BE CONSIDERED TITLE: Overhead/Security Doors- Maintenance, Repair and Replacement: A Tampa Bay Area Purchasing Cooperative Contract (CO-OP) BID NUMBER: 21-0052-B(DG) SUBMITTAL DUE: February 18, 2021 @ 3:00 P.M. AND MAY NOT BE WITHDRAWN FOR 60 DAYS FROM DATE LISTED ABOVE. PRE-BID DATE & LOCATION: NOT APPLICABLE DEADLINE FOR WRITTEN QUESTIONS: February 9. 2021 BY 3:00 P.M. SUBMIT QUESTIONS TO: Dustin Guinta AT dguinta@pinellascounty.org Phone: 727-464-3149 THE MISSION OF PINELLAS COUNTY Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow.MERRY CELESTE, CPPB Division Director Purchasing and Risk Management BIDDER MUST COMPLETE THE FOLLOWING BIDDERS ARE CAUTIONED THAT THE POLICY OF THE BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, IS TO ACCEPT THE LOWEST RESPONSIBLE BID RECEIVED MEETING SPECIFICATIONS. NO CHANGES REQUESTED BY A BIDDER DUE TO AN ERROR IN PRICING WILL BE CONSIDERED AFTER THE BID OPENING DATE AS ADVERTISED. BY SIGNING THIS PROPOSAL FORM BIDDERS ARE ATTESTING TO THEIR AWARENESS OF THIS POLICY AND ARE AGREEING TO ALL OTHER BID TERMS AND CONDITIONS, INCLUDING ALL INSURANCE REQUIREMENTS. PAYMENT TERMS: ____% ___DAYS, NET 45 (PER F.S. 218.73) *BID DEPOSIT, IF REQUIRED, IS ATTACHED IN THE AMOUNT OF $ _________ BIDDER (COMPANY NAME): __________________________________ D/B/A _____________________________________ MAILING ADDRESS: ______________________________________ CITY / STATE / ZIP ___________________________ COMPANY EMAIL ADDRESS: ______________________________ PHN: (__)__________ FAX: (__)__________ CONTACT NAME: _______________________ *REMIT TO NAME: ________________________________________ (As Shown On Company Invoice) _________________________________FEIN#__________________ Proper Corporate Identity is needed when you submit your bid, especially how your firm is registered with the Florida Division of Corporations. Please visit www.sunbiz.org for this information. It is essential to return a copy of your W-9 with your bid. Thank you. PRINT NAME: _______________________________ EMAIL ADDRESS: ___________________________ I HEREBY AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID, INCLUDING INSURANCE REQUIREMENTS & CERTIFY I AM AUTHORIZED TO SIGN THIS BID FOR THE BIDDER. AUTHORIZED SIGNATURE: ____________________________ PRINT NAME/TITLE: ________________________________________ FORMS CHECKLIST COPY OF COMPANY INVOICE W-9 (TAXPAYER ID) SEE SECTION F FOR BID PRICING SUMMARY THIS FORM MUST BE RETURNED WITH YOUR RESPONSE 21-0052-B(DG)Page 2 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 1.PREPARATION OF BID: Bid will be prepared in accordance with the following: (a)Our enclosed Bid Summary is to be used in submitting your bid. (b)All information required by the Bid Summary shall be furnished. The bidder should print or type his name and manually sign the schedule and each continuation sheet on which an entry is made. (c)Unit prices shall be shown and where there is an error in extension of price, the unit price shall govern. (d)Alternate bids will not be considered unless authorized by the Invitation to Bid. (e)Proposed delivery time must be shown and shall include Sundays and holidays. (f)The County is exempt from all state and federal sales, use, transportation and excise taxes. Taxes of any kind and character, payable on account of the work performed and materials furnished under the award, shall be paid by the bidder and deemed to have been included in the bid. The Laws of the State of Florida provide that sales and use taxes are payable by the bidder upon the tangible personal property incorporated in the work and such taxes shall be paid by the bidder and be deemed to have been included in the bid. (g)Bidders shall thoroughly examine the drawings, specifications, schedule, instructions and all other contract documents. (h)Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. Plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the County or the compensation to the vendor. (i)Bidders are advised that all County Contracts are subject to all legal requirements provided for in the Purchasing Ordinance and/or State and Federal Statutes. 2.DESCRIPTION OF SUPPLIES: (a)Any manufacturer's names, trade names, brand name, or catalog numbers used in specifications are for the purpose of describing and establishing general quality levels. SUCH REFERENCES ARE NOT INTENDED TO BE RESTRICTIVE. Bids will be considered for all brands which meet the quality of the specifications listed for any items. (b)Bidders are required to state exactly what they intend to furnish, otherwise they shall be required to furnish the items as specified. (c)Bidders will submit, with their proposal, data necessary to evaluate and determine the quality of the item(s) they are bidding. 3.ALTERNATES: Unless otherwise provided in an Invitation to Bid or Request for Proposals, ALTERNATIVES may be included in the plans, specifications, and/or proposals. When included, the Bidder or Offerer shall indicate on the proposal the cost of said alternate and sum to be deducted or added to the Base Bid. Such alternates may or may not be accepted by the County. If approved, it is at the County’s discretion to accept said alternate(s) in any sequence or combination therein. 4.SUBMISSION OF BID: (a)Bids or proposals shall be submitted utilizing Pinellas ePro e-procurement website. Failure to comply could result in the bid or proposal being rejected. (b)Bid must be submitted on the forms furnished. Emails and facsimile bids will not be considered. The County reserves the right to modify the Bid Proposal by emails and facsimile notice. 21-0052-B(DG)Page 3 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 5.REJECTION OF BID: (a)The County may reject a bid if: 1.The bidder misstates or conceals any material fact in the bid. 2.The bid does not strictly conform to the law or requirements of bid, including insurance requirements. 3.The bid is conditional, except that the bidder may qualify his bid for acceptance by the County on an "all or none" basis, or a "low item" basis. An "all or none" basis bid must include all items upon which the bid was invited. (b)The respective constitutional officer, county administrator on behalf of the board of county commissioners or within his/her delegated financial approval authority, or director of purchasing, within his/her delegated financial approval authority shall have the authority when the public interest will be served thereby to reject all bids or parts of bids at any stage of the procurement process through the award of a contract. (c)The County reserves the right to waive minor informalities or irregularities in any bid. 6.WITHDRAWAL OF BID: (a)Bid may not be withdrawn after the time set for the bid submittal for a period of time as specified. (b)Bid may be withdrawn prior to the time set for the bid submittal. Such request must be in writing. 7.LATE BID OR MODIFICATIONS: (a)Bid and modifications received after the time set for the bid submittal will not be considered. This upholds the integrity of the bidding process. (b)Modifications in writing received prior to the time set for the bid submittal will be accepted. 8.PUBLIC REVIEW AT BID OPENING: Pursuant to Florida Statute, Section 119.071(1)(b)2, all bids submitted shall be subject to review as public records after 30 days from opening, or earlier if an intended decision is reached before the thirty day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims shall be dispositively determined by a court of law prior to trade secret protection being granted. 9.BID TABULATION INQUIRIES: Inquiries relating to the results of this bid, prior to the official bid award by the Pinellas County Board of County Commissioners may be made by visiting Pinellas ePro or calling the Purchasing Office. Tabulations will be posted on the Purchasing Website (www.pinellascounty.org/purchase/Current_Bids1.htm ) after 30 days to comply with Florida Statute, Section 119.071(1)(b)2. 10.AWARD OF CONTRACT: (a)The contract will be awarded to the lowest responsive, responsible bidder whose bid, conforming to the Invitation to Bid, is most advantageous to Pinellas County, price and other factors considered. For Invitation to Bid for Sale of Real or Surplus Property, award will be made to the highest and most advantageous bid including price and other factors considered. (b)The County reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the bidder qualifies his bid by specified limitations. See Rejection of Bids. (c)If two or more bids received are for the same total amount or unit price, or in the case of proposals, the qualifications, quality and service are equal, the contract shall be awarded to the local bidder/proposer. A local firm is defined as a firm with headquarters in geographical Pinellas County. Headquarters shall mean the office location that serves as the administrative center and principal place of business. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality and service are equal and no f m s are deemed local, then the contract shall be awarded by drawing lots in public. (d)Prices quoted must be FOB Pinellas County with all transportation charges prepaid unless otherwise specified in the Invitation to Bid. (e)A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful bidder, shall result in a binding contract without further action by either party. 21-0052-B(DG)Page 4 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 11.BIDS FROM RELATED PARTIES OR MULTIPLE BIDS RECEIVED FROM ONE VENDOR: Where two (2) or more related parties each submit a bid or proposal or multiple bids are received from one (1) vendor, for any contract, such bids or proposals shall be judged non-responsive. Related parties mean bidders or proposers or the principles thereof, which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principles thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. 12.LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Florida apply to any purchase made under this Invitation to bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSHA as applicable to this contract. 13.PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 14.COLLUSION: The bidder, by affixing his signature to this proposal, agrees to the following: "Bidder certifies that his bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action". 15.CONTRACTOR LICENSE REQUIREMENT: All contractors performing construction and related work in Pinellas County must comply with our regulatory legislation, Chapter 75-489, Laws of Florida, as amended. Failure to have a competency license in a regulated trade will be cause for rejection of any bid and/or contract award. 16.MATERIAL SAFETY DATA SHEETS REQUIREMENTS: If any chemicals, materials, or products containing toxic substances, in accordance with OSHA Hazardous Communications Standards, are contained in the products purchased by the County as a result of this bid, the successful bidder shall provide a Material Safety Data Sheet at the time of each delivery. 17.RIGHT TO AUDIT: Pinellas County reserves the privilege of auditing a vendor's records as such records relate to purchases between Pinellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Code §2- 176(j). Records should be maintained for five (5) years from the date of final payment. 18.PUBLIC ENTITY CRIME AND SCRUTINIZED COMPANIES: Contractor is directed to the Florida Public Entity Crime Act, Fla. Stat. 287.133, and Fla. Stat. 287.135 regarding Scrutinized Companies, and Contractor agrees that its bid and, if awarded, its performance of the agreement will comply with all applicable laws including those referenced herein. Contractor represents and certifies that Contractor is and will at all times remain eligible to bid for and perform the services subject to the requirements of these, and other applicable, laws. Contractor agrees that any contract awarded to Contractor will be subject to termination by the County if Contractor fails to comply or to maintain such compliance. 21-0052-B(DG)Page 5 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 19.COUNTY INDEMNIFICATION: a)The first ten dollars ($10) of compensation received by the contractor pursuant to this contract represents specific consideration for the following indemnification: contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said contractor; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said contractor; or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. b)Unless specifically prohibited by Florida Law, the successful bidder(s) agrees to indemnify the County and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the County. c)The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the CONSULTANT. The CONSULTANT’S obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 20.VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in Section A apply to this contract except as specifically stated in the subsequent sections of the document, which take precedence over Section A, and should be fully understood by bidders prior to submitting a bid on this requirement. 21.ADA REQUIREMENT FOR PUBLIC NOTICES: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727/464-4062 (voice/tdd) fax 727/464-4157, not later than seven days prior to the proceeding. 22."OR EQUAL" DETERMINATION: Where bidding other than specified, the determination of equivalency will be at the sole discretion of Pinellas County and its specialized person. 23.INSURANCE: Notice: The Contractor/Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below (Section C). Failure to provide the required insurance within a ten (10) day period following the determination or recommendation of lowest responsive, responsible bidder may result in the County to vacate the original determination or recommendation and proceed with recommendation to the second lowest, responsive, responsible bidder. 21-0052-B(DG) Page 6 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 24. PROCUREMENT POLICY FOR RECYCLED MATERIALS: Pinellas County wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the County and that such a policy will serve as a model for other public entities and private sector companies. When awarding a purchase of $5,000 or less, or recommending a purchase in excess of $5,000 for products, materials, or services, the Director of Purchasing may allow a preference to a responsive bidder who certifies that their product or material contains the greatest percentage of postconsumer material. If they are bidding on paper products they must certify that their materials and/or products contain at least the content recommended by the EPA guidelines. On all bids over fifty thousand dollars ($50,000)) and formal quotes under fifty thousand dollars ($50,000), or as required by law, the Director of Purchasing shall require vendors to specify which products have recycled materials, what percentage or amount is postconsumer material, and to provide certification of the percentages of recycled materials used in the manufacture of goods and commodities procured by the County. Price preference is not the preferred practice the County wishes to employ in meeting the goals of this resolution. If a price preference is deemed to serve the best interest of the County and further supports the purchase of recycled materials, the Director of Purchasing will make a recommendation that a price preference be allowed up to an amount not to exceed 10% above the lowest complying bid received. DEFINITIONS: Recovered Materials: Materials that have recycling potential, can be recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse, by separation, collection, or processing. Recycled Materials: Materials that contain recovered materials. This term may include internally generated scrap that is commonly used in industrial or manufacturing processes, waste or scrap purchased from another manufacturer and used in the same or a closely related product. Postconsumer Materials: Materials which have been used by a business or a consumer and have served their intended end use, and have been separated or diverted from the solid waste stream for the purpose of recycling, such as; newspaper, aluminum, glass containers, plastic containers, office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing process. 25. ASBESTOS MATERIALS: The contractor shall perform all work in compliance with Federal, State and local laws, statutes, rules, regulations and ordinances, including but not limited to the Department of Environmental Protection (DEP)'s asbestos requirements, 40 CFR Part 61, Subpart M, and OSHA Section 29 CFR 1926.58. Additionally, the contractor shall be properly licensed and/or certified for asbestos removal as required under Federal, State and local laws, statutes, rules, regulations and ordinances. The County shall be responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful contractor. The County will furnish a copy of the asbestos survey to the successful bidder. The contractor must keep this copy on site at all times during the actual demolition. 21-0052-B(DG) Page 7 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 26. PAYMENT/INVOICES: SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department: Finance Division Accounts Payable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 Each invoice shall include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown in below. The County may dispute any payments invoiced by SUPPLIER in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process. INVOICE INFORMATION: Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO Remit To Billing address to which you are requesting payment be sent Invoice Date Creation date of the invoice Invoice Number Company tracking number Shipping Address Address where goods and/or services were delivered Ordering Department Name of ordering department, including name and phone number of contact person PO Number Standard purchase order number Ship Date Date the goods/services were sent/provided Quantity Quantity of goods or services billed Description Description of services or goods delivered Unit Price Unit price for the quantity of goods/services delivered Line Total Amount due by line item Invoice Total Sum of all of the line totals for the invoice Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas County purchasing website at www.pinellascounty.org/purchase. 27. TAXES: Payments to Pinellas County are subject to Florida taxes. 21-0052-B(DG) Page 8 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 28. TERMINATION: (a) Pinellas County reserves the right to terminate this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to terminate or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. (b) Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of Pinellas County. (c) In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the County. (d) In addition to all other legal remedies available to Pinellas County, Pinellas County reserves the right to terminate and obtain from another source, any items/services which have not been delivered within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by Pinellas County. 29. BIDDER CAPABILITY/REFERENCES: Prior to contract award, any bidder may be required to show that the company has the necessary facilities, equipment, ability and financial resources to perform the work specified in a satisfactory manner and within the time specified. In addition, the company must have experience in work of the same or similar nature, and can provide references which will satisfy the County. Bidders must furnish a reference list of at least four (4) customers for whom they have performed similar services (SEE SECTION D) 30. DELIVERY/CLAIMS: Prices quoted shall be F.O.B. Destination, FREIGHT INCLUDED and unloaded to location(s) within Pinellas County. Actual delivery address(es) shall be identified at time of order. Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items 31. MATERIAL QUALITY: All materials purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours of notice to the Contractor at no charge to the County. 32. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid/proposal must be sent in writing (electronically) to the Purchasing Department and received by the date specified in the ITB. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the bid/proposal. All such addenda shall become part of the contract documents. The County will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. The Purchasing Department will be unable to respond to questions received after the specified time frame. 33. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. If a bidder intends to subcontract a portion of this work, the bidder must disclose that intent in the bid. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the County within thirty (30) business days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the ITB, without exception shall constitute approval for purposes of this Agreement. The Contractor must inform the County in writing within forty-five (45) business days if the Contractor’s business entity’s name changes. The Contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the Contractor for a business entity name change that the County was not made aware of as reflected herein. 21-0052-B(DG) Page 9 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 34. EXCEPTIONS: Contractor is advised that if it wishes to take exception to any of the terms contained in this Bid or the attached service agreement it must identify the term and the exception in its response to the Bid. Failure to do so may lead County to declare any such term non-negotiable. Contractor’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. 35. NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term contracts, this provision shall apply separately to each term. 36. PUBLIC RECORDS/TRADE SECRETS: Pinellas County Government is subject to the Florida Public Records law (Chapter 119, Florida Statutes), and all documents, materials, and data submitted to any solicitation as part of the response are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida Statutes. Except for materials that are “trade secrets” or “confidential” as defined by applicable Florida law, ownership of all documents, materials, and data submitted in response to the solicitation shall belong exclusively to the County. To the extent that Proposer/Bidder/Quoter desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be identified by some distinct method that the materials that constitute a trade secret, and Proposer/Bidder/Quoter shall provide an additional copy of the proposal/bid/quote that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the Proposer/Bidder/Quoter Signature Page, Proposer/Bidder/Quoter acknowledges and agrees: (i) that after notice from the County that a public records request has been made for the materials designated as a trade secret, the Proposer/Bidder/Quoter shall be solely responsible for defending its determination that submitted material is a trade secret that is not subject to disclosure at its sole cost, which action shall be taken immediately, but no later than 10 calendar days from the date of notification or Proposer /Bidder/Quoter will be deemed to have waived the trade secret designation of the materials; (ii) that to the extent that the proposal/bid/quote with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating contract terms, approving any contract based on the proposal/bid/quote, or engaging in any other activity relating to the competitive selection process are hereby granted full rights to access, view, consider, and discuss the materials designated as trade secrets through the final contract award. (iii) to indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the Proposer/Bidder/Quoter, including actions or claims arising from the County’s non-disclosure of the trade secret materials. (iv) that information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statues and Pinellas County public record policies. Proposer/Bidder/Quoter agrees prior to providing goods/services it will implement policies and procedures to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and County Policies, which are subject to approval by the County, including but limited to the Section 119.0701, Florida Statues. Notwithstanding any other provision in the solicitation, the classification as trade secret of the entire proposal/bid/quote document, line item and/or total proposal/bid/quote prices, the work, services, project, goods, and/or products to be provided by Proposer/Bidder/Quoter, or any information, data, or materials that may be part of or incorporated into a contract between the County and the Proposer/Bidder/Quoter is not acceptable to the County and will result in a determination that the proposal/bid/quote is nonresponsive; the classification as trade secret of any other portion of a proposal/bid/quote document may result in a determination that the proposal/bid/quote is nonresponsive. 21-0052-B(DG) Page 10 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 37. LOBBYING: Lobbying shall be prohibited on all County competitive selection processes and purchasing contract awards pursuant to this division, including, but not limited to, requests for proposals, requests for quotations, requests for qualifications, bids or the award of purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, or the competitive selection process is otherwise concluded. However, nothing herein shall prohibit a prospective bidder/proposer/protestor from contacting the Purchasing Department or the county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. Lobbying of evaluation committee members, County government employees, elected/appointed officials, or advisory board members regarding requests for proposals, requests for quotations, requests for qualifications, bids, or purchasing contracts, by the bidder/proposer, any member of the bidder's/proposer's staff, any agent or representative of the bidder/proposer, or any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor, is strictly prohibited from the date of the advertisement, or on a date otherwise established by the Board, until either an award is final, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this section by or on behalf of a bidder/proposer shall result in the disqualification or rejection of the proposal, quotation, statement of qualification, bid or contract. For purposes of this provision, "lobbying" shall mean influencing or attempting to influence action or non-action, and/or attempting to obtain the goodwill of persons specified herein relating to the selection, ranking, or contract award in connection with any request for proposal, request for quotation, request for qualification, bid or purchasing contract through direct or indirect oral or written communication. The final award of a purchasing contract shall be the effective date of the purchasing contract. Any evaluation committee member, County government employee, elected/appointed official, or advisory board member who has been lobbied shall immediately report the lobbying activity to the Director. 38. ADDITIONAL REQUIREMENTS: The County reserves the right to request additional goods or services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary. 39. ADD/DELETE LOCATIONS SERVICES: The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County. In such case, the contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 40. INTEGRITY OF BID DOCUMENTS Bidders shall use the original Bid Form(s) provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations a bidder wishes to propose must be clearly stated in the bidder’s proposal response and presented in the form of an addendum to the original bid documents. 41. PUBLIC EMERGENCIES: It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God that Pinellas County shall require a “First Priority” for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the County. Vendor/contractor agrees to rent/sell/lease all goods and services to the County or governmental entities on a “first priority” basis. The County expects to pay a fair and reasonable price for all products and services rendered or contracted in the event of a disaster, emergency, hurricane, tornado or other acts of God. 21-0052-B(DG) Page 11 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 42. JOINT VENTURES: All Bidders intending to submit a bid as a Joint Venture are required to have filed proper documents with the Florida Department of State, the Division of Professions, Construction Industry Licensing Board and any other state or local licensing Agency prior to submitting the bid (see Section 489.119 Florida Statutes). Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal joint venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project. 43. CONFLICT OF INTEREST: a) The Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Bidder further represents that no person having any such interest shall be employed by him/her during the agreement term and any extensions. In addition, the Bidder shall not offer gifts or gratuities to County Employees as County Employees are not permitted to accept gifts or gratuities. By signing this bid document, the Bidder acknowledges that no gifts or gratuities have been offered to County Employees or anyone else involved in this competitive invitation to bid process. b) The Bidder shall promptly notify the County’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Bidder. The County agrees to notify the Bidder of its opinion, by certified mail, within thirty days of receipt of notification by the Bidder. c) It is essential to government procurement that the process be open, equitable and ethical. To this end, if potential unethical practices including but not limited to collusion, receipt or solicitation of gifts and conflicts of interest (direct/indirect) etc. are observed or perceived, please report such activity to: Pinellas County Clerk of Circuit Court – Division of Inspector General Phone – (727) 45FRAUD (453-7283) Fax – 727-464-8386 21-0052-B(DG) Page 12 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 44. PROTEST PROCEDURE: As per Section 2-162 of County Code (a) Right to Protest. A Vendor who is aggrieved by the contents of the bid or proposal package, or a Vendor who is aggrieved in connection with the recommended award on a bid or proposal solicitation, may file a written protest to the Director, as provided herein. This right to protest is strictly limited to those procurements of goods and/or services solicited through invitations to bid or requests for proposals, including solicitations pursuant to F.S. § 287.055, the "Consultants' Competitive Negotiation Act." No other actions or recommendations in connection with a solicitation can be protested, including: (i) requests for quotations, negotiations, qualifications or letters of interest; (ii) rejection of some, all or parts of bids or proposals; (iii) disqualification of bidders or proposers as non- responsive or non-responsible; or (iv) recommended awards less than the mandatory bid or proposal amount. Protests failing to comply with the provisions of this section shall not be reviewed. (b) Posting. The Purchasing Department shall post the recommended award on or through the departmental website. (c) Requirements to Protest. (1) If the protest relates to the content of the bid or proposal package, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after issuance of the bid or proposal package. (2) If the protest relates to the recommended award of a bid or proposal, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after posting of the award recommendation. (3) The formal written protest shall identify the protesting party and the solicitation involved; include a statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds. (4) A formal written protest is considered filed with the County when the Purchasing Department receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above by the Purchasing Department. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder or proposer. (d) Sole Remedy. These procedures shall be the sole remedy for challenging the content of the bid or proposal package or the recommended award. (e) Lobbying. Protestors and anyone acting on their behalf, are prohibited from attempts to influence, persuade, or promote a bid or proposal protest through any other channels or means, and contacting any County official, employee, advisory board member, or representative to discuss any matter relating in any way to the solicitation being protested, other than the Purchasing Department's or county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. The prohibitions provided for herein shall begin with the filing of the protest and end upon the final disposition of the protest; provided, however, at all times protestors shall be subject to the procurement lobbying prohibitions in section 2-189 of this Code. Failure to adhere to the prohibitions herein shall result in the rejection of the protest without further consideration. (f) Time Limits. The time limits in which protests must be filed as specified herein may be altered by specific provisions in the bid or proposal. (g) Authority to Resolve. The Director shall resolve the protest in accordance with the documentation and applicable legal authorities and shall issue a written decision to the protestor no later than 5:00 p.m. EST on the tenth full Business Day after the filing thereof. (h) Review of Director's Decision. (1) The protesting party may request a review of the Director's decision to the county administrator by delivering written request for review of the decision to the Director by 5:00 p.m. EST on the fifth full Business Day after the date of the written decision. The written notice shall include any materials, statements, and arguments which the bidder or proposer deems relevant to the issues raised in the request to review the decision of the Director. 21-0052-B(DG) Page 13 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 (2) The county administrator shall issue a decision in writing stating the reason for the action with a copy furnished to the protesting party no later than 5:00 p.m. EST on the seventh full Business Day after receipt of the request for review. The decision shall be final and conclusive as to the County unless a party commences action in a court of competent jurisdiction. (i) Stay of Procurement During Protests. There shall be no stay of procurement during protests. 45. DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF INVOICE PAYMENTS: Payment of invoices for work performed for Pinellas County Board of County Commissioners (County) is made, by standard, in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act. If a dispute should arise as a result of non-payment of a payment request or invoice the following Dispute Resolution process shall apply: A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what steps the vendor should undertake to correct the invoice and resubmit a proper invoice to the County. The steps taken by the vendor shall be that of initially contacting the requesting department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in keeping with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a “Corrected Invoice” to the requesting department which will initiate the payment timeline. 1 Requesting department for this purpose is defined as the County department for whom the work is performed. 2 Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Pinellas County. B. Should a dispute result between the vendor and the County about payment of a payment request or an invoice then the vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall assign a representative who shall act as a “Dispute Manager” to resolve the issue at departmental level. C. The Dispute Manager shall first initiate procedures to investigate the dispute and document the steps taken to resolve the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Pinellas County, and shall not extend beyond sixty (60) days after the date on which the payment request or invoice was received by Pinellas County. D. The Dispute Manager should investigate and ascertain that the work, for which the payment request or invoice has been submitted, was performed to Pinellas County’s satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Pinellas County representative who is designated as the approving authority for the work performed in the contractual document. The Dispute Manager shall perform the required investigation and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispute, per section 218.76, Florida Statutes. The County Administrator or his or her designee shall be the final arbiter in resolving the issue before it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing. E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute. F. Should the dispute be resolved in the County’s favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor’s favor the County shall pay interest as of the original date the payment was due. 21-0052-B(DG) Page 14 of 30 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 G. For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party If it is found that the non-prevailing party held back any payment that was the reason for the dispute without having any reasonable lawful basis or fact to dispute the prevailing party’s claim to those amounts. 46. PUBLIC RECORDS – CONTRACTOR’S DUTY 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 Pinellas County Board of County Commissioners, Purchasing Department, Operations Manager custodian of public records at 727-464-3311, purchase@pinellascounty.org, Pinellas County Government, Purchasing Department, Operations Manager, 400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756. 21-0052-B(DG)Page 15 of 30 SECTION B – SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) 1.INTENT - COOPERATIVE BID: This is a cooperative bid for the purpose of establishing a contract for Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) to order on an as needed basis by, but not limited to, the following participants: City of Clearwater City of Indian Rocks Beach Town of Indian Shores City of Oldsmar City of Tarpon Springs Pinellas County Board of County Commissioners Award shall be consistent among all of the above agency participants, but each entity shall make their own award. Each participating agency may execute its own contract with the successful bidder in accordance with its respective purchasing policies and procedures. Each participating agency will be responsible for issuing its own purchase order(s), and for order placement. 2.QUANTITIES: Quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous use and/or anticipated needs. 3.PRICING/PERIOD OF CONTRACT: Duration of the contract shall be for a period of sixty (60) months with unit prices adjustable (increase/decrease) starting at thirty-six (36) month period beyond the primary contract period. Price adjustments (Decrease/Increase) in an amount not to exceed the average of the Consumer Price Index (CPI) for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior. The extension shall be exercised only if all terms and conditions remain the same and the County Administrator or Director of Purchasing grants approval. 4.TERM EXTENSION(S) OF CONTRACT: The contract may be extended subject to written notice of agreement from the County and the successful bidder(s) for an additional 24 month period beyond the primary contract period. Term extensions will allow for price adjustments (Decrease/Increase) in an amount not to exceed the average of the Consumer Price Index (CPI) for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior to extension. The extension shall be exercised only if all terms and conditions remain the same and the County Administrator or Director of Purchasing grants approval. It is the vendor’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised extension period, the vendor’s request for adjustment should be submitted at time of the extension request from the County. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume the vendor has agreed that the extension term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new extension period may not be considered 5.PURCHASES AT LOWER PRICING: If an item is found during the course of the contract, at a lower price than that awarded by the bid, then the bidder shall extend the lower pricing to the County or the County may purchase that item for the lower price from another provider. The County will provide proof that the lower price is offered by another provider. If the successful contractor(s) lowers their pricing during the term of the contract, the successful contractor(s) shall automatically furnish the lower price to the County without prompting. 21-0052-B(DG)Page 16 of 30 SECTION B – SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 7.PRE-COMMENCEMENT MEETING: Upon award of bid, the County will coordinate a pre-commencement meeting with the successful Contractor. The meeting will require Contractor and the County Representative to review specific contract details and deliverable documents at this meeting to ensure the scope of work and work areas are understood. 8.SUBMISSION OF BIDS: The preferred method is PDF conversion from your source files (to minimize file size and maximize quality and accessibility) rather than scanning. Instructions for Providing Files in PDF Format to Pinellas County Government A.How do I convert my files to PDF format? Answer- If you have a program such as Adobe Acrobat, creating a PDF of any file is a simple print function. Rather than printing to a traditional printer, the file converts to a PDF format copy of your original. Any program (such as Word, PowerPoint, Excel, etc.) can be converted this way by simply selecting the print command and choosing PDF as the printer. B.Should I scan everything and save as PDF? Answer- Not unless you are scanning with OCR (optical character recognition). Scanning will create unnecessarily large files because a scan is just a picture of a page rather than actual page text. Furthermore, the result of scanning is that your pages will not look nearly as “clean” or professional as simply using the print to PDF method from the program from which the file originates. Additionally, since scan pages are pictures of text, not really text, they may not be considered accessible* under Federal ADA guidelines (*unless the scans are OCR.) 21-0052-B(DG) Page 17 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 The recommended vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to award of contract. Failure to provide the required insurance within the requested timeframe may result in your bid submittal deemed non-responsive. The Contracted vendor shall obtain and maintain, and require any sub-contractors to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better. a) Bid submittals should include, the Bidder’s current Certificate(s) of Insurance in accordance with the insurance requirements listed below. If Bidder does not currently meet insurance requirements, bidder shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. b) Bidder shall email certificate that is compliant with the insurance requirements to Dustin Guinta at dguinta@pinellascounty.org. If certificate received with bid was a compliant certificate no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). A copy of the endorsement(s) referenced in paragraph d) for Additional Insured shall be attached to the certificate(s) referenced in this paragraph. The certificate must name Pinellas County, a Political Subdivision of the State of Florida 400 S fort Harrison Avenue Clearwater, FL 33756, as certificate holder. Certificate marked “Sample”, or blank certificate holder information are not compliant. c) Approval by the County of any Certificate(s) of Insurance does not constitute verification by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Bid and/or contract period. d) All policies providing liability coverage(s), other than professional liability and workers compensation policies, obtained by the Bidder and any subcontractors to meet the requirements of the Agreement shall be endorsed to include Pinellas County a Political subdivision of the State of Florida as an Additional Insured. e) If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work, you will be notified by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s) of Insurance and endorsement(s) shall be furnished to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi Data at PinellasSupport@ididata.com by the Bidder or their agent prior to the expiration date. (1) Bidder shall also notify County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Bidder from its insurer. Notice shall be given by email to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org. Nothing contained herein shall absolve Bidder of this requirement to provide notice. (2) Should the Bidder, at any time, not maintain the insurance coverages required herein, the County may terminate the Agreement, or at its sole discretion may purchase such coverages necessary for the protection of the County and charge the Bidder for such purchase or offset the cost against amounts due to bidder for services completed. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance shall in no way be construed to be a waiver of any of its rights under the Agreement. f) The County reserves the right, but not the duty, to review and request a copy of the Contractor’s most recent annual report or audited financial statement when a self-insured retention (SIR) or deductible exceeds $50,000. 21-0052-B(DG) Page 18 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 g) If subcontracting is allowed under this Bid, the Prime Bidder shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below. (1) All subcontracts between Bidder and its subcontractors shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall (1) require each subcontractor to be bound to Bidder to the same extent Bidder is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor; (2) provide for the assignment of the subcontracts from Bidder to the County at the election of Owner upon termination of the Contract; (3) provide that County will be an additional indemnified party of the subcontract; (4) provide that the County will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability; (5) provide waiver of subrogation in favor of the County and other insurance terms and/or conditions as outlined below; (6) assign all warranties directly to the County; and (7) identify the County as an intended third- party beneficiary of the subcontract. Bidder shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. h) Each insurance policy and/or certificate shall include the following terms and/or conditions: (1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the County. If Bidder is a Joint Venture per Section A. titled Joint Venture of this Bid, Certificate of Insurance and Named Insured must show Joint Venture Legal Entity name and the Joint Venture must comply with the requirements of Section C with regard to limits, terms and conditions, including completed operations coverage. (2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County or any such future coverage, or to County's Self-Insured Retentions of whatever nature. (5) All policies shall be written on a primary, non-contributory basis. (6) Any Certificate(s) of Insurance evidencing coverage provided by a leasing company for either workers compensation or commercial general liability shall have a list of covered employees certified by the leasing company attached to the Certificate(s) of Insurance. The County shall have the right, but not the obligation to determine that the Bidder is only using employees named on such list to perform work for the County. Should employees not named be utilized by Bidder, the County, at its option may stop work without penalty to the County until proof of coverage or removal of the employee by the contractor occurs, or alternatively find the Bidder to be in default and take such other protective measures as necessary. Insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of Pinellas County from both the Bidder and subcontractor(s). 21-0052-B(DG) Page 19 of 30 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 i) The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed Operations exposure, are as follows: (1) Workers’ Compensation Insurance Limit Florida Statutory Employers’ Liability Limits Per Employee Per Employee Disease Policy Limit Disease $ 500,000 $ 500,000 $ 500,000 (2) Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury. Limits Combined Single Limit Per Occurrence Products/Completed Operations Aggregate Personal Injury and Advertising Injury General Aggregate $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 (3) Excess or Umbrella Liability Insurance excess of the primary coverage required, in paragraphs (1), (2), and (3) above: Limits Each Occurrence General Aggregate $ 1,000,000 $ 1,000,000 (4) Property Insurance Bidder will be responsible for all damage to its own property, equipment and/or materials. 21-0052-B(DG) Page 20 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 THE FOLLOWING INFORMATION IS REQUIRED IN ORDER THAT YOUR BID MAY BE REVIEWED AND PROPERLY EVALUATED. COMPANY NAME: ____________________________________________________________________________ LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS: _____________________________________________ BUSINESS ADDRESS: _________________________________________________________________________ HOW LONG IN PRESENT LOCATION: ____________________________________________________________ TELEPHONE NUMBER: ____________________________ FAX NUMBER: ______________________________ TOTAL NUMBER OF CURRENT EMPLOYEES: ________ FULL TIME _________ PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: __________ All references will be contacted by a County Designee via email, fax or phone call to obtain answers to questions, as applicable before an evaluation decision is made. LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR: 1. 2. COMPANY: ______________________________________ COMPANY: ______________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL:________________________________ CONTACT EMAIL:________________________________ 3. 4. COMPANY: _____________________________________ COMPANY: _____________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL:________________________________ CONTACT EMAIL:________________________________ 21-0052-B(DG) Page 21 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead Security Doors Maintenance, Repair and Replacement A. OBJECTIVE: This cooperative seeks to secure a contract to provide preventive maintenance, installation and repair services for manual and powered overhead doors as well as the purchase and installation of overhead/security doors to be provided on an as needed basis. B. SCOPE OF WORK: Work shall include all labor, tools, materials, equipment, permits, and facilities necessary to provide routine maintenance, new installation, repair and replacement of overhead doors, manual doors, and openers, at multiple facilities. Additional required services shall include scheduled preventive maintenance and inspection of manual and powered overhead/security doors at the locations specified. Pinellas County locations require preventive maintenance and inspection of manual and powered overhead/security semi- annually (every six months). Cooperative locations require preventive maintenance and inspection of manual and powered overhead/security at various frequencies (defer to Section F- Bid Summary attachment). Due the nature of some locations, certain doors will only require repair services (refer to the Section F- Bid Submittal and Summary attachment for list of doors with description, size and quantity along with locations). Installation, maintenance and repairs shall meet or exceed industry standards. 1. Preventive Maintenance Service: The Contractor shall perform each of the applicable tasks below and all other operations as recommended by the door and/or manufacturer. Maintenance and inspections include but are not limited to the following: a. Inspect all doors for proper working condition. b. Clean, lubricate and adjust all rollers, springs, and controls, as needed. c. Adjust and test all door safeties, as needed. d. Adjust and align all rails, tracks, drive motors, tensioners, sheaves, belts and chains, as needed. e. Inspect general arrangement of door and mechanism mountings, guides, wind locks, anchor bolts, counterbalances, weather stripping, etc. Clean, tighten, and adjust as required. f. Operate with power from stop to stop and at intermediate positions. g. Observe performance of various components such as brake, limit switches, motor, gear box, etc. clean and adjust as needed. h. Check operation of electric eye, treadle, or other operating devices. Clean and make adjustments. i. Check manual operations. Note brake releases, motor disengagement, functioning or hand pulls, chains sprockets, clutch, etc. j. Examine motor, starter, push button, etc.; blow out or vacuum, if needed. k. Inspect gear box, change or add oil as required. l. Perform required lubrication. Remove old or excess lubricant. m. Clean unit and mechanism thoroughly. Touch up paint where required. n. Clean up and remove all debris. 21-0052-B(DG) Page 22 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 2. Inspection Reporting: The contractor’s technicians shall document in writing the finding of each inspection and the preventive maintenance actions performed for each motorized door, motorized sliding door, sally port, fire door, and sign the report as certification of service provided. The contractor’s technicians shall sign in and out of the County’s facilities. Reports are to be provided to the appropriate County site contact/facility manager no later than 3 (three) business days after inspection. Failure to do so may result in a non-payment of the invoice for the provided service. Major deficiencies are defined as any condition affecting the safety of County personnel or public, inability of an overhead door to function reliably, inability of an overhead door to be shut and secured, as well as cracked, broken or missing window glass. 3. Repair Service Calls: The contractor shall be required to respond (on site) within twenty-four (24) hours of notification to perform normal repairs or adjustments. Work shall be completed during standard working hours unless authorized by the site’s facility manager. Failure to respond to a service call, within the designated time, may be considered valid cause for termination of this contract. In the event the contractor does not comply with this requirement, Pinellas County reserves the right to contact an alternate contractor for services. The contractor shall submit a cost proposal for all issued repair service calls based on bid submittal labor rates and parts discount off MSRP. The cost proposal must be submitted within two (2) days after the contractor visits the site and scopes the work and must include the original state and condition found. The contractor shall notify the County if it is determined to be less expensive to install a new door rather than refurbish the old door. A cost proposal for the new door including labor shall be submitted to the County. The City of Clearwater requires the contractor to be available 24/7 including holidays with a response time of two (2) hours. 4. New Installation And Replacement Service: The County reserves the right to seek competitive pricing on all work under this section at its own discretion, for any new installations or replacement that is deemed necessary to modernize, upgrade and bring the equipment up to the manufacturer's operating standards. All work is to be performed during standard hours of operation. 5. Material Requirements: Contractor is to furnish all consumable materials and replacement parts for this contract. 6. Tools And Equipment Requirements: Contractor is required to own and/or lease its vehicles and all related tools required to complete all tasks that pertain to the scope of the contract. Service vehicle shall be readily stocked to respond to after hours and emergency service calls. 21-0052-B(DG) Page 23 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 All rental equipment such as 2 man-lift or oversized forklift, and additional materials must be pre- approved and must be the result of extenuating circumstances. This documentation (copy of rental receipt verifying price and quantity), along with site sign in/out verification sheet and a draft invoice clearly marked draft will be delivered to the county representative for review and approval. Contractor actual cost for such expenses, with no-mark-up, as a separate line item on the final invoice(s) submitted upon completion of the project. 7. Warranty: The contractor and/or manufacturer shall fully warrant all equipment furnished under the conditions of this contract against defect in material and/or workmanship for a period of one year from the date of delivery/acceptance by the county representative. All material and/or equipment shall be warranted for one year or manufacturer's warranty, which is greater. Should defects in material or workmanship, except normal wear and tear, appear during the above stated warranty period, the contractor shall repair or replace at no cost to the County, immediately upon written notice from the county representative. The contractor shall be responsible for either repairing the equipment on site or transport the equipment to its repair facility at no cost to the county and shall provide temporary equipment replacement if repairs exceed 5 (five) days. The contractor shall provide a twelve (12) month extended warranty on new doors and operations longer than one year for no additional cost. 8. Unspecified: Unspecified work is defined as services that may be required due to unexpected conditions or events similar to the scope of work. Unspecified work is not guaranteed and must be properly authorized by the County before performed and ordered solely at the discretion of the County. Unspecified funds stated are an estimate only and no guarantee is given or implied as to the amount that will be used during the contract period. Unspecified includes the following, but not limited to: adding or deleting locations. 9. Invoices: The amount for repairs, new installation and replacement of doors to be reimbursed to the Contractor, are based on the total of actual receipts and invoices documenting a percent discount from manufacturer’s list price for parts and replacement doors identified in the bid submittal. Documentation of costs in the form of the manufacturer’s published list price shall accompany all invoices that show the discount off calculations. C. REQUIREMENTS 1. STANDARD HOURS OF OPERATION: All work is to be performed during standard working hours. County standard working hours are Monday through Friday, 7:00 AM to 5:00 PM. Non-standard working hours are Monday through Friday, 5:01 PM to 6:59 AM, weekends, and Pinellas County holidays. The contractor must provide a 24-hour point of contact for non-standard working hours. 21-0052-B(DG) Page 24 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 All County work must be scheduled with the County site representative (listed on the Section F- Bid Submittal and Summary spreadsheet). 2. AVAILABILITY AND RESPONSE TIMES: Contractor must respond to emergency calls within two (2) hours and routine repair request within twenty-four (24) hours. New installations must begin within thirty (30) days of authorization by the Pinellas County representative. If anticipated response time on new installation is expected to exceed thirty (30) days, facility manager approval must be obtained. If the awarded contractor cannot provide repairs within the timeframes specified by the terms of this contract, the County reserves the right to utilize another contractor. 3. SECURITY AND IDENTIFICATION REQUIREMENTS: All contractor employees are required to submit to a background check. The background check process shall be completed at least ten (10) days prior to the start of service. The contractor shall be responsible for all costs associated with the background checks. A valid driver license and Social Security card are required for completing the background check and obtaining security clearance. These security requirements are for Pinellas County only. The cooperative participants will provide any additional requirements for their own locations. Step One – The contractor shall obtain a Level One Criminal History Records Check (FDLE Records Check) through the Florida Department of Law Enforcement (FDLE) for each assigned employee. Step Two – The contractor shall submit the FDLE Records Check along with a copy of the driver’s license, Social Security card and completed Sheriff’s Office Security Clearance Application, for each employee, to the Facility Manager. The Pinellas County Sheriff’s Office shall have and exercise full and complete control over granting, denying, withholding, withdrawing, or terminating security clearances for contractor employees. Step Three – The Facility Manager will communicate the results of the Sheriff’s Office review to the contractor. A list of all assigned personnel, showing the employee’s full name, address, telephone number, date and place of birth, and driver license number shall be submitted to the Facility Manager. This list is to be kept current by the contractor and promptly submitted to the Facility Manager at the beginning of each month The contractor shall provide an updated FDLE Records Check for all personnel on an annual basis. The annual updates are to be sent to the respective Facility Manager for review by the Sheriff’s Office. Background check updates shall remain on file at the contractor’s location for three (3) years from the date of the last invoice. All contractor employees are required to wear picture identification (ID) badges, to be furnished by Pinellas County for the various facility locations. The contractor shall make the employees available for photographs on a schedule to be worked out with the Facility Manager. Access to sites not managed by the Real Estate Management Department needs to be coordinated with the county site representative for the specific department. The badges shall be made by the County before an 21-0052-B(DG)Page 25 of 30 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 individual may begin work and only after a favorable security clearance has been received. Contractor employees shall sign each badge at the time of receipt. The contractor will notify the respective Facility Manager when an employee badge is lost. It shall be the responsibility of the contractor to pay for replacement badges at the rate of $10.00 per badge. No employee shall be allowed to work without a current badge. Any contract employee who does not have proper identification shall be cause for the County to require removal of that employee from the property. D. SPECIAL REQUIREMENTS: 1. STANDARD SERVICES AGREEMENT:A. The awarded contractor will be required to execute a standard services agreement. No exceptions to the standard services agreement will be allowed. 21-0052-B(DG) Page 26 of 30 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) See Section F – Bid Submittal and Summary (Microsoft Excel) attachment DELIVERY _________ DAYS AFTER RECEIPT OF ORDER An award may not be issued without proof that your firm is registered with the Florida Division of Corporations, as per Florida Statute §607.1501 (http://www.flsenate.gov/Laws/Statutes/2011/607.1501). A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit www.sunbiz.org for this information on how to become registered. 21-0052-B(DG) Page 27 of 30 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead/Security Doors- Maintenance, Repair and Replacement (CO-OP) Electronic Payment (ePayables) The Board of County Commissioners (County) is offering faster payments. The County would prefer to make payment using credit card through the ePayables system. See Section A, number 27. Would your company accept to participate in the ePayables credit card program? Yes No For more information about ePayables credit card program please visit Purchasing Department website www.pinellascounty.org/purchase. Company Name Signature Printed Signature Phone Number 21-0052-B(DG)Page 28 of 30 W-9 REQUEST FOR TAXPAYER ID NUMBER AND CERTIFICATION PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 2/1/2021 21-0052-B(DG) Page 29 of 30 SECTION G - ADDENDA ACKNOWLEDGMENT FORM PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 BID TITLE: 21-0052-B(DG) BID NUMBER: Overhead Security Doors Maintenance, Repair and Replacement (CO-OP) PLEASE ACKNOWLEDGE RECEIPT OF ADDENDA FOR THIS ITB/RFP BY SIGNING AND DATING BELOW: ADDENDA NO. SIGNATURE/PRINTED NAME DATE RECEIVED Note: Prior to submitting the response to this solicitation, it is the responsibility of the firm submitting a response to confirm if any addenda have been issued. If such document(s) have been issued, acknowledge receipt by signing and date in section above. Failure to do so may result in response being considered non-responsive or result in lowering the rating of a firm’s Bid. Information regarding Addenda issued is available on the Purchasing Department section of the County’s website at, www.pinellascounty.org/purchase/Current_Bids1.htm , listed under category, ‘Current Bids.’ matt bigelow 2/13/21 21-0052-B(DG Page 30 of 30 SECTION H – STATEMENT OF NO BID PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB Co-op REVISED: 09-2020 NOTE: If you do not intend to bid on this requirement, please complete this form. Thank you. We, the undersigned have declined to submit a bid for No. 21-0052-B(DG) for OverheadSecurity Doors Maintenance, Repair and Replacement (CO-OP) Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet specifications. Unable to meet Bond requirement. Specifications unclear (explain below). Unable to Meet Insurance Requirements. Remove Us from Your "Notification List" Altogether Other (specify below). REMARKS: We understand that if the "No Bid" letter is not executed and returned our name may be deleted from the Bidders List of Pinellas County. COMPANY NAME: DATE: SIGNATURE: TYPED NAME OF ABOVE: TELEPHONE: FAX: EMAIL: Item Location #of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years Total Five (5) Years Utilities Admin. Bldg. 14 S. Ft. Harrison, Clearwater Operations- North District 4314 US Hwy 19A, Palm Harbor 440 Court St., Clearwater 315 Court St., Clearwater Swisher Building 509 East Ave. S., Clearwater Warehouse 303 Chestnut St., Clearwater Operations - Central Maintenance 22211 US Hwy 19 N., Clearwater 5,800.00$ SAB 10750 Ulmerton Rd., Largo Cooling Tower Yard Emergency Management System 12490 Ulmerton Rd., Largo Field Services 9837 Ulmerton Rd Fleet Main and Body Shops 9685 Ulmerton Rd., Largo Supervisor of Elections 13001 Starkey Rd., Largo Medical Examiner's Building 10900 Ulmerton Rd., Largo Gulf Coast Museum 12211 Walsingham Rd., Largo 19,200.00$ 3,000.00$ 200.00$ 7,000.00$ 400.00$ 5,800.00$ 1,800.00$ 800.00$ 200.00$ 400.00$ 200.00$ 600.00$ 800.00$ 200.00$ 3,400.00$ 200.00$ 40.00$ 20.00$ 60.00$ 80.00$ 20.00$ 10 10 10 10 10 340.00$ 10 10 2 1 20.00$ 20.00$ 20.00$ 1 15 17 1 4 3 GROUP A SUBTOTAL 5 6 7 8 9 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 1 80.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 10 10 10 10 10 10 300.00$ 20.00$ 700.00$ 35 40.00$ 580.00$ 180.00$ 20.00$ 20.00$ 10 10 10 1 4 9 29 2 14 15 GROUP B SUBTOTAL Group B Real Estate Management Northwest (Mid) 11 12 13 Pinellas County Board of County Commissioners Locations Group A Real Restate Management Northwest (North) BI-ANNUAL PREVENTIVE MAINTENANCE 1 2 3 4 Operations- Mosquito Control 4100 118th Ave. N., St. Petersburg Operations- Southeast District 3755 46th Ave. N., Lealman Operations- Permitted Facilities Man 4550 126th St. N., Clearwater Sub-Fleet 14204 46th St. N., Clearwater Justice Center 14250 49th St. N., Clearwater Sheriff Tech 2 4707 145th Ave. N., Clearwater Sheriff Tech 3 4645 145th Ave. N., Clearwater Sheriff Hangar 15250 Spadco Dr. N., Clearwater Records Retention 14155 49th St N., Clearwater K9/Gun Range 11700 34th St. N., Clearwater Weedon Island 1800 Weedon Blvd., St. Petersburg 3,200.00$ Building B 545 1st Ave. n., St. Petersburg 600.00$ Detention Facilities 14400 49th St. N., Clearwater 8,600.00$ STAR Center- All Buildings 8,800.00$ 8,800.00$ GROUP G SUBTOTAL 400.00$ 400.00$ 20.00$ 860.00$ 10 8,600.00$ GROUP D SUBTOTAL GROUP E SUBTOTAL 10 20.00$ 60.00$ 10 600.00$ 10 20.00$ 2 2 40.00$ 200.00$ 400.00$ 1,200.00$ 600.00$ 10 10 10 10 20.00$ 40.00$ 120.00$ 60.00$ 20.00$ 20.00$ 20.00$ 20.00$ 10 10 10 1020.00$ 20.00$ 20.00$ 20.00$ 2,400.00$ 1,000.00$ 2,400.00$ 1,000.00$ 3,600.00$ 240.00$ 100.00$ 240.00$ 100.00$ 44 43 GROUP F SUBTOTAL 29 30 25 40.00$ Group E- Real Estate Management Detention Group F- Real Estate Management- STAR Center 1 18 5 12 5 20.00$ 880.00$ 10 20 21 16 17 18 19 360.00$ 10 20.00$ 20.00$ 6 Group C- Real Estate Management Southeast (Central) 3 2 3 26 27 28 22 23 12 Group D- Real Estate Management Southeast (South) North District General Maintenance 3900 Dunn Dr., Palm Harbor South District General Maintenance 6730 142nd Ave N., Largo Solid Waste 2929 109th Ave. N., St. Petersburg Keller Water Treatment Plant 3655 Keller Circle, Tarpon Springs Keller Connector Poly Building 3655 Keller Circle, Tarpon Springs Oldsmar RCW 3120 Tampa Rd., Oldsmar North Booster Station 27707 US Hwy 19N., Clearwater Logan Station 1620 Ridge Rd., Largo WE Dunn RCW Facility 4111 Dunn Dr., Palm Harbor South Cross RCW Facility 7401 54th Ave. N., St. Petersburg McKay Creek Pump Station 14800 Hamlin Blvd., Largo 17,000.00$ Main Terminal 14700 Terminal Blvd., Clearwater 13,400.00$ 76,600.00$ Estimated Hours Five (5) Year Period Hourly Rate Extended Price 2000 75 150,000.00$ 550 150 82,500.00$ 232,500.00$ Estimated Five (5) Years Expenditure Total Discount % Off Published MSRP Price List Extended Price to County $170,000.00 10.00%$153,000.00 $120,000.00 10.00%$108,000.00 $261,000.00 GROUP I SUBTOTAL 20.00$ 20.00$ 10 200.00$ 20.00$ 1,340.00$ 10 13,400.00$ GROUP H SUBTOTAL Total Repair Part and Replacement Doors- Five (5) Years Total Repair, Replacement, and Installation Labor- Five (5) Years Description Labor Rate per hour- Emergency, Overtime, After Hours & Holidays 42 43 67 1 10 10 10 10 10 200.00$ 200.00$ 800.00$ 2,000.00$ 10 10 10 20.00$ 20.00$ 20.00$ 3,200.00$ 1,000.00$ 200.00$ 80.00$ 200.00$ 580.00$ 5,800.00$ 10 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 1,200.00$ 2,200.00$ 31 120.00$ 10 Group G- Utilities Group H- St. Petersburg Clearwater International Airport Total Bi-Annual Preventative Maintenance- Five (5) Years 32 33 34 35 4 1 16 11 6 5 20.00$ 20.00$ 220.00$ 320.00$ 100.00$ 37 38 40 41 Repairs, New Installation, and Replacement of Doors (Service/Parts) Labor Rates per Hour for Repairs, Replacement and Installation of Doors Labor rate per hour- Normal work hours are Monday-Friday, 7:00 AM to 5:00 PM Repair Parts Replacement Doors 1 1 29 10 36 LOCATION # of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years Total Five (5) Years AIR PARK - 1000 N HERCULES AVE 1 20.00$ 20.00$ 10 200.00$ ARMORY - N MISSOURI AVE 1 20.00$ 20.00$ 10 200.00$ ARMORY 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION - 332 S GULFVIEW BLVD 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BEACH MARINA - 25 CAUSEWAY BLVD 1 20.00$ 20.00$ 10 200.00$ BEACH MARINA 1 20.00$ 20.00$ 10 200.00$ CARPENTER - 651 COACHMAN 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CITY CEMETARY - 1300 MYRTLE AVE 1 20.00$ 20.00$ 10 200.00$ CLEARWATER BCH P&R SHED - 15 BAY ESPLANADE 1 20.00$ 20.00$ 10 200.00$ CLEARWATER BCH REC CENTER- 69 BAY ESPLANADE 1 20.00$ 20.00$ 10 200.00$ COACHAMN PARK 1 20.00$ 20.00$ 10 200.00$ COACHMAN PARK 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE PD - 2851 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE PD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC - 2640 SABAL SPRINGS 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX - 3060 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ ED WRIGHT PARK -1326 S MLK AVE 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 - 3050 DREW ST 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 - 3050 DREW ST 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ FIRE 44 - 950 GULF BLVD 1 20.00$ 20.00$ 10 200.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 45 - 1140 COURT ST 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 OLD - 610 FRANKLIN ST 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 47 - 1460 LAKEVIEW RD 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ City of Clearwater Locations FIRE 48 - 1700 BELCHER RD N 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 49 - 565 SKY HARBOR DR 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 50 - 2681 COUNTRYSIDE BLVD 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 51 - 1712 OVERBROOK AVE 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FRANK TACK - 1967 N HERCULES 1 20.00$ 20.00$ 20 400.00$ GAS ADMIN - 400 N MYRTLE 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX - 1900 GRAND AVE 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ JACK RUSSELL - 800 PHILLIES DR 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ LONG CENTER - 1501 BELCHER RD 1 20.00$ 20.00$ 10 200.00$ LONG CENTER 1 20.00$ 20.00$ 10 200.00$ MAIN LIBRARY - 100 N OSCEOLA 1 20.00$ 20.00$ 10 200.00$ MAIN PD - 645 PIERCE ST 1 20.00$ 20.00$ 10 200.00$ MAIN PD 1 20.00$ 20.00$ 10 200.00$ MAIN PD 1 20.00$ 20.00$ 10 200.00$ MANDALAY PARKS& REC - 530 MANDALAY 1 20.00$ 20.00$ 10 200.00$ MCMULLEN TENNIS - 1000 EDENVILLE AVE 1 20.00$ 20.00$ 10 200.00$ MORINGSIDE REC - 2400 HARN BLVD 1 20.00$ 20.00$ 10 200.00$ MSB - 100S MYRTLE 1 20.00$ 20.00$ 10 200.00$ NORTH GREENWOOD REC - 900 N MLK AVE 1 20.00$ 20.00$ 10 200.00$ NURSURY - 901 SATURN AVE 1 20.00$ 20.00$ 10 200.00$ PBI EAST - 509 PENNSYLVANIA 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI WEST - 507 VINE ST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PIER 60 CONCESSION - 10 PIER 60 DRIVE 1 20.00$ 20.00$ 10 200.00$ PEIR 60 CONCESSION 1 20.00$ 20.00$ 10 200.00$ PEIR 60 CONCESSION 1 20.00$ 20.00$ 10 200.00$ PHILLIP JONES - 1240 RUSSELL ST 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION - 10 PIER 60 DRIVE 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES - 1650 N ARCTURAS AVE 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC WORKS WATER -901 SATURN AVE 1 20.00$ 20.00$ 10 200.00$ PUBLIC WORKS WATER 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - DEL ORO - 401 N MC MULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - SKYCREST - 901 SATURN AVE N 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - UNION - 2060 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE - 2150 RANGE ROAD 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RO PLANT 1 -900 N SATURN AVE 1 20.00$ 20.00$ 10 200.00$ RO PLANT 1 1 20.00$ 20.00$ 10 200.00$ RO2 - 21133 US 19 N 1 20.00$ 20.00$ 10 200.00$ RO2 1 20.00$ 20.00$ 10 200.00$ RO2 1 20.00$ 20.00$ 10 200.00$ RO3 - 2775 - 588 STATE RD 1 20.00$ 20.00$ 10 200.00$ SID LICKTON 714 N SATURN AVE 1 20.00$ 20.00$ 10 200.00$ SID LICKTON 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE - 1701 N HERCULES AVE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE TRANSFER STATION 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE TRANSFER STATION 1 20.00$ 20.00$ 10 200.00$ SPECTRUM - 601 N COACHMAN RD 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ WOOD VALLEY PD 1 20.00$ 20.00$ 10 200.00$ WPC - EAST PLANT - 3141 GULF TO BAY BLVD 1 20.00$ 20.00$ 10 200.00$ WPC - EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST - 1605 HARBOR DR 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ 64,600.00$ City of Clearwater Total Location #of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years City of Indian Rocks Beach Total City of Indian Rocks Beach Locations 20.00$ 100.00$ Indian Rocks Beach 5 5 Total Five (5) Years 500.00$ 500.00$ Item Location #of Doors Indian Shores Automatic Doors 19305 Gulf Boulevard 2 Indian Shores Manual Doors 19305 Gulf Boulevard 2 Town of Indian Sh Unit Price per PM (per door)Extended Price per PM 5 year Frequency Total Five (5) Years 20.00$ 40.00$ 10 400.00$ 20.00$ 40.00$ 5 200.00$ 600.00$ hores Locations Town of Indian Shores Total Location # of Doors MSC - 300 Commerce Blvd. Oldsmar, FL 12 MSC - 300 Commerce Blvd. Oldsmar, FL 4 Fire Station #54 - 225 Pine Ave N. Oldsmar, FL 6 Fire Station #54 - 225 Pine Ave N. Oldsmar, FL 2 ROWTP - 350 Commerce Blvd. Oldsmar, FL 6 RO Pump House - 350 Commerce Blvd. Oldsmar, FL 1 OSC Shed - 3120 Tampa Rd. Oldsmar, FL 2 OSC Bball Concession - 3120 Tampa Rd. Oldsmar, FL 2 OSC Bball Concession - 3120 Tampa Rd. Oldsmar, FL 1 OSC Bball Storage - 3120 Tampa Rd. Oldsmar, FL 1 OSC Fball Concession - 3120 Tampa Rd. Oldsmar, FL 6 OSC BMX Concession - 3120 Tampa Rd. Oldsmar, FL 3 WRF - 351 Lafayette Blvd. Oldsmar, FL 8 WRF - 351 Lafayette Blvd. Oldsmar, FL 2 City o Unit Price Per PM (per door)Extended Price Per PM Five Year Frequency 20.00$ 240.00$ 10 20.00$ 80.00$ 5 20.00$ 120.00$ 10 20.00$ 40.00$ 5 20.00$ 120.00$ 5 20.00$ 20.00$ 5 20.00$ 40.00$ 5 20.00$ 40.00$ 5 20.00$ 20.00$ 5 20.00$ 20.00$ 5 20.00$ 120.00$ 5 20.00$ 60.00$ 5 20.00$ 160.00$ 5 20.00$ 40.00$ 5 City of Oldsmar Locations of Indian Shores Total Total Five (5) Years 2,400.00$ 400.00$ 1,200.00$ 200.00$ 600.00$ 100.00$ 200.00$ 200.00$ 100.00$ 100.00$ 600.00$ 300.00$ 800.00$ 200.00$ ####### Item Location #of Doors Unit Price per PM (per door) Fire Dept Station 69 444 S. Huey Ave 6 20.00$ Fire Dept Station 70 1025 Gulf Rd 4 20.00$ Fire Dept Station 71 1600 L & R Industrial Blvd 6 20.00$ Extended Price per PM Frequency Five (5) Years Total Five (5) Years 120.00$ 12 1,440.00$ 80.00$ 8 640.00$ 120.00$ 12 1,440.00$ 3,520.00$ City of Tarpon Spings Locations City of Tarpon Springs Total Item Location #of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years Total Five (5) Years Utilities Admin. Bldg. 14 S. Ft. Harrison, Clearwater Operations- North District 4314 US Hwy 19A, Palm Harbor 440 Court St., Clearwater 315 Court St., Clearwater Swisher Building 509 East Ave. S., Clearwater Warehouse 303 Chestnut St., Clearwater Operations - Central Maintenance 22211 US Hwy 19 N., Clearwater 5,800.00$ SAB 10750 Ulmerton Rd., Largo Cooling Tower Yard Emergency Management System 12490 Ulmerton Rd., Largo Field Services 9837 Ulmerton Rd Fleet Main and Body Shops 9685 Ulmerton Rd., Largo Supervisor of Elections 13001 Starkey Rd., Largo Medical Examiner's Building 10900 Ulmerton Rd., Largo Gulf Coast Museum 12211 Walsingham Rd., Largo 19,200.00$ Pinellas County Board of County Commissioners Locations Group A Real Restate Management Northwest (North) BI-ANNUAL PREVENTIVE MAINTENANCE 1 2 3 4 Group B Real Estate Management Northwest (Mid) 11 12 13 14 15 GROUP B SUBTOTAL 10 1 4 9 29 2 1 80.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 10 10 10 10 10 10 300.00$ 20.00$ 700.00$ 35 40.00$ 580.00$ 180.00$ 20.00$ 20.00$ 10 10 2 1 20.00$ 20.00$ 20.00$ 1 15 17 1 4 3 GROUP A SUBTOTAL 5 6 7 8 9 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 400.00$ 200.00$ 600.00$ 800.00$ 200.00$ 3,400.00$ 200.00$ 40.00$ 20.00$ 60.00$ 80.00$ 20.00$ 10 10 10 10 10 340.00$ 10 10 3,000.00$ 200.00$ 7,000.00$ 400.00$ 5,800.00$ 1,800.00$ 800.00$ 200.00$ Operations- Mosquito Control 4100 118th Ave. N., St. Petersburg Operations- Southeast District 3755 46th Ave. N., Lealman Operations- Permitted Facilities Management District 4550 126th St. N., Clearwater Sub-Fleet 14204 46th St. N., Clearwater Justice Center 14250 49th St. N., Clearwater Sheriff Tech 2 4707 145th Ave. N., Clearwater Sheriff Tech 3 4645 145th Ave. N., Clearwater Sheriff Hangar 15250 Spadco Dr. N., Clearwater Records Retention 14155 49th St N., Clearwater K9/Gun Range 11700 34th St. N., Clearwater Weedon Island 1800 Weedon Blvd., St. Petersburg 3,200.00$ Building B 545 1st Ave. n., St. Petersburg 600.00$ Detention Facilities 14400 49th St. N., Clearwater 8,600.00$ STAR Center- All Buildings 8,800.00$ Group D- Real Estate Management Southeast (South) 6 Group C- Real Estate Management Southeast (Central) 3 2 3 26 27 28 22 23 12 20 21 16 17 18 19 360.00$ 10 20.00$ 20.00$ 20.00$ 880.00$ 10 240.00$ 100.00$ 240.00$ 100.00$ 44 43 GROUP F SUBTOTAL 29 30 25 40.00$ Group E- Real Estate Management Detention Group F- Real Estate Management- STAR Center 1 18 5 12 5 2,400.00$ 1,000.00$ 2,400.00$ 1,000.00$ 3,600.00$ 20.00$ 20.00$ 20.00$ 20.00$ 10 10 10 1020.00$ 20.00$ 20.00$ 20.00$ 200.00$ 400.00$ 1,200.00$ 600.00$ 10 10 10 10 20.00$ 40.00$ 120.00$ 60.00$ 8,800.00$ GROUP G SUBTOTAL 400.00$ 400.00$ 20.00$ 860.00$ 10 8,600.00$ GROUP D SUBTOTAL GROUP E SUBTOTAL 10 20.00$ 60.00$ 10 600.00$ 10 20.00$ 2 2 40.00$ North District General Maintenance 3900 Dunn Dr., Palm Harbor South District General Maintenance 6730 142nd Ave N., Largo Solid Waste 2929 109th Ave. N., St. Petersburg Keller Water Treatment Plant 3655 Keller Circle, Tarpon Springs Keller Connector Poly Building 3655 Keller Circle, Tarpon Springs Oldsmar RCW 3120 Tampa Rd., Oldsmar North Booster Station 27707 US Hwy 19N., Clearwater Logan Station 1620 Ridge Rd., Largo WE Dunn RCW Facility 4111 Dunn Dr., Palm Harbor South Cross RCW Facility 7401 54th Ave. N., St. Petersburg McKay Creek Pump Station 14800 Hamlin Blvd., Largo 17,000.00$ Main Terminal 14700 Terminal Blvd., Clearwater 13,400.00$ 76,600.00$ Estimated Hours Five (5) Year Period Hourly Rate Extended Price 2000 75 150,000.00$ 550 150 82,500.00$ 232,500.00$ Estimated Five (5) Years Expenditure Total Discount % Off Published MSRP Price List Extended Price to County $170,000.00 10.00%$153,000.00 $120,000.00 10.00%$108,000.00 $261,000.00 Repair Parts Replacement Doors 1 1 29 10 36 37 38 40 41 Repairs, New Installation, and Replacement of Doors (Service/Parts) Labor Rates per Hour for Repairs, Replacement and Installation of Doors Labor rate per hour- Normal work hours are Monday-Friday, 7:00 AM to 5:00 PM 31 120.00$ 10 Group G- Utilities Group H- St. Petersburg Clearwater International Airport Total Bi-Annual Preventative Maintenance- Five (5) Years 32 33 34 35 4 1 16 11 6 5 20.00$ 20.00$ 220.00$ 320.00$ 100.00$ 20.00$ 20.00$ 1,200.00$ 2,200.00$ 20.00$ 20.00$ 20.00$ 3,200.00$ 1,000.00$ 200.00$ 80.00$ 200.00$ 580.00$ 5,800.00$ 10 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 10 10 10 10 10 200.00$ 200.00$ 800.00$ 2,000.00$ 10 10 10 200.00$ 20.00$ 1,340.00$ 10 13,400.00$ GROUP H SUBTOTAL Total Repair Part and Replacement Doors- Five (5) Years Total Repair, Replacement, and Installation Labor- Five (5) Years Description Labor Rate per hour- Emergency, Overtime, After Hours & Holidays 42 43 67 1 GROUP I SUBTOTAL 20.00$ 20.00$ 10 LOCATION # of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years Total Five (5) Years AIR PARK - 1000 N HERCULES AVE 1 20.00$ 20.00$ 10 200.00$ ARMORY - N MISSOURI AVE 1 20.00$ 20.00$ 10 200.00$ ARMORY 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION - 332 S GULFVIEW BLVD 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BAREFOOT CONCESSION 1 20.00$ 20.00$ 10 200.00$ BEACH MARINA - 25 CAUSEWAY BLVD 1 20.00$ 20.00$ 10 200.00$ BEACH MARINA 1 20.00$ 20.00$ 10 200.00$ CARPENTER - 651 COACHMAN 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CARPENTER 1 20.00$ 20.00$ 10 200.00$ CITY CEMETARY - 1300 MYRTLE AVE 1 20.00$ 20.00$ 10 200.00$ CLEARWATER BCH P&R SHED - 15 BAY ESPLANADE 1 20.00$ 20.00$ 10 200.00$ CLEARWATER BCH REC CENTER- 69 BAY ESPLANADE 1 20.00$ 20.00$ 10 200.00$ COACHAMN PARK 1 20.00$ 20.00$ 10 200.00$ COACHMAN PARK 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE PD - 2851 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE PD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC - 2640 SABAL SPRINGS 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE REC 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX - 3060 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ COUNTRYSIDE SPORTSPLEX 1 20.00$ 20.00$ 10 200.00$ ED WRIGHT PARK -1326 S MLK AVE 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 - 3050 DREW ST 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 1-4 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 - 3050 DREW ST 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ EDDIE C MOORE 5-7 1 20.00$ 20.00$ 10 200.00$ FIRE 44 - 950 GULF BLVD 1 20.00$ 20.00$ 10 200.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 44 1 20.00$ 20.00$ 20 400.00$ FIRE 45 - 1140 COURT ST 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 1 20.00$ 20.00$ 20 400.00$ FIRE 45 OLD - 610 FRANKLIN ST 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 46 1 20.00$ 20.00$ 20 400.00$ FIRE 47 - 1460 LAKEVIEW RD 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ FIRE 47 1 20.00$ 20.00$ 20 400.00$ City of Clearwater Locations FIRE 48 - 1700 BELCHER RD N 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 48 1 20.00$ 20.00$ 20 400.00$ FIRE 49 - 565 SKY HARBOR DR 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 49 1 20.00$ 20.00$ 20 400.00$ FIRE 50 - 2681 COUNTRYSIDE BLVD 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 50 1 20.00$ 20.00$ 20 400.00$ FIRE 51 - 1712 OVERBROOK AVE 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FIRE 51 1 20.00$ 20.00$ 20 400.00$ FRANK TACK - 1967 N HERCULES 1 20.00$ 20.00$ 20 400.00$ GAS ADMIN - 400 N MYRTLE 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GAS ADMIN 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX - 1900 GRAND AVE 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ GENERAL SERVICES COMPLEX 1 20.00$ 20.00$ 10 200.00$ JACK RUSSELL - 800 PHILLIES DR 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ JOE DIMAGGIO 1 20.00$ 20.00$ 10 200.00$ LONG CENTER - 1501 BELCHER RD 1 20.00$ 20.00$ 10 200.00$ LONG CENTER 1 20.00$ 20.00$ 10 200.00$ MAIN LIBRARY - 100 N OSCEOLA 1 20.00$ 20.00$ 10 200.00$ MAIN PD - 645 PIERCE ST 1 20.00$ 20.00$ 10 200.00$ MAIN PD 1 20.00$ 20.00$ 10 200.00$ MAIN PD 1 20.00$ 20.00$ 10 200.00$ MANDALAY PARKS& REC - 530 MANDALAY 1 20.00$ 20.00$ 10 200.00$ MCMULLEN TENNIS - 1000 EDENVILLE AVE 1 20.00$ 20.00$ 10 200.00$ MORINGSIDE REC - 2400 HARN BLVD 1 20.00$ 20.00$ 10 200.00$ MSB - 100S MYRTLE 1 20.00$ 20.00$ 10 200.00$ NORTH GREENWOOD REC - 900 N MLK AVE 1 20.00$ 20.00$ 10 200.00$ NURSURY - 901 SATURN AVE 1 20.00$ 20.00$ 10 200.00$ PBI EAST - 509 PENNSYLVANIA 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI EAST 1 20.00$ 20.00$ 10 200.00$ PBI WEST - 507 VINE ST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PBI WEST 1 20.00$ 20.00$ 10 200.00$ PIER 60 CONCESSION - 10 PIER 60 DRIVE 1 20.00$ 20.00$ 10 200.00$ PEIR 60 CONCESSION 1 20.00$ 20.00$ 10 200.00$ PEIR 60 CONCESSION 1 20.00$ 20.00$ 10 200.00$ PHILLIP JONES - 1240 RUSSELL ST 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION - 10 PIER 60 DRIVE 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION 1 20.00$ 20.00$ 10 200.00$ PIER 60 PAVILLION 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES - 1650 N ARCTURAS AVE 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC UTILITIES 1 20.00$ 20.00$ 10 200.00$ PUBLIC WORKS WATER -901 SATURN AVE 1 20.00$ 20.00$ 10 200.00$ PUBLIC WORKS WATER 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - DEL ORO - 401 N MC MULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - SKYCREST - 901 SATURN AVE N 1 20.00$ 20.00$ 10 200.00$ PUMP STATION - UNION - 2060 MCMULLEN BOOTH RD 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE - 2150 RANGE ROAD 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RANGE ROAD WAREHOUSE 1 20.00$ 20.00$ 10 200.00$ RO PLANT 1 -900 N SATURN AVE 1 20.00$ 20.00$ 10 200.00$ RO PLANT 1 1 20.00$ 20.00$ 10 200.00$ RO2 - 21133 US 19 N 1 20.00$ 20.00$ 10 200.00$ RO2 1 20.00$ 20.00$ 10 200.00$ RO2 1 20.00$ 20.00$ 10 200.00$ RO3 - 2775 - 588 STATE RD 1 20.00$ 20.00$ 10 200.00$ SID LICKTON 714 N SATURN AVE 1 20.00$ 20.00$ 10 200.00$ SID LICKTON 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE - 1701 N HERCULES AVE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE TRANSFER STATION 1 20.00$ 20.00$ 10 200.00$ SOLID WASTE TRANSFER STATION 1 20.00$ 20.00$ 10 200.00$ SPECTRUM - 601 N COACHMAN RD 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ SPECTRUM 1 20.00$ 20.00$ 10 200.00$ WOOD VALLEY PD 1 20.00$ 20.00$ 10 200.00$ WPC - EAST PLANT - 3141 GULF TO BAY BLVD 1 20.00$ 20.00$ 10 200.00$ WPC - EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST - 1605 HARBOR DR 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC MARSHALL ST 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ WPC- NORTH EAST PLANT 1 20.00$ 20.00$ 10 200.00$ 64,600.00$ City of Clearwater Total Location #of Doors Unit Price per PM (per door) Extended Price per PM Frequency Five (5) Years City of Indian Rocks Beach Total City of Indian Rocks Beach Locations 20.00$ 100.00$ Indian Rocks Beach 5 5 Total Five (5) Years 500.00$ 500.00$ Item Location #of Doors Indian Shores Automatic Doors 19305 Gulf Boulevard 2 Indian Shores Manual Doors 19305 Gulf Boulevard 2 Town of Indian Shores Locations Unit Price per PM (per door)Extended Price per PM 5 year Frequency Total Five (5) Years 20.00$ 40.00$ 10 400.00$ 20.00$ 40.00$ 5 200.00$ 600.00$ Town of Indian Shores Locations Town of Indian Shores Total Location # of Doors MSC - 300 Commerce Blvd. Oldsmar, FL 12 MSC - 300 Commerce Blvd. Oldsmar, FL 4 Fire Station #54 - 225 Pine Ave N. Oldsmar, FL 6 Fire Station #54 - 225 Pine Ave N. Oldsmar, FL 2 ROWTP - 350 Commerce Blvd. Oldsmar, FL 6 RO Pump House - 350 Commerce Blvd. Oldsmar, FL 1 OSC Shed - 3120 Tampa Rd. Oldsmar, FL 2 OSC Bball Concession - 3120 Tampa Rd. Oldsmar, FL 2 OSC Bball Concession - 3120 Tampa Rd. Oldsmar, FL 1 OSC Bball Storage - 3120 Tampa Rd. Oldsmar, FL 1 OSC Fball Concession - 3120 Tampa Rd. Oldsmar, FL 6 OSC BMX Concession - 3120 Tampa Rd. Oldsmar, FL 3 WRF - 351 Lafayette Blvd. Oldsmar, FL 8 WRF - 351 Lafayette Blvd. Oldsmar, FL 2 City of Indian Shores Total Unit Price Per PM (per door)Extended Price Per PM Five Year Frequency 20.00$ 240.00$ 10 20.00$ 80.00$ 5 20.00$ 120.00$ 10 20.00$ 40.00$ 5 20.00$ 120.00$ 5 20.00$ 20.00$ 5 20.00$ 40.00$ 5 20.00$ 40.00$ 5 20.00$ 20.00$ 5 20.00$ 20.00$ 5 20.00$ 120.00$ 5 20.00$ 60.00$ 5 20.00$ 160.00$ 5 20.00$ 40.00$ 5 City of Oldsmar Locations City of Indian Shores Total Total Five (5) Years 2,400.00$ 400.00$ 1,200.00$ 200.00$ 600.00$ 100.00$ 200.00$ 200.00$ 100.00$ 100.00$ 600.00$ 300.00$ 800.00$ 200.00$ 7,400.00$ Item Location #of Doors Unit Price per PM (per door) Fire Dept Station 69 444 S. Huey Ave 6 20.00$ Fire Dept Station 70 1025 Gulf Rd 4 20.00$ Fire Dept Station 71 1600 L & R Industrial Blvd 6 20.00$ Extended Price per PM Frequency Five (5) Years Total Five (5) Years 120.00$ 12 1,440.00$ 80.00$ 8 640.00$ 120.00$ 12 1,440.00$ 3,520.00$ City of Tarpon Spings Locations City of Tarpon Springs Total Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9383 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the term October 1, 2021 through September 30, 2022 in a not-to-exceed amount of $4,508,000.00, pursuant to Clearwater Code of Ordinance 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County Solid Waste Management operates the only waste-to-energy plant and landfill in the county. All putrescible solid waste collected by the City is taken to this facility. APPROPRIATION CODE AND AMOUNT: Funding for this contract is included in the proposed fiscal year 2021/22 operating budget of the Solid Waste Fund. The expenditure allocation is as follows: ·424-02082-543500 (Solid Waste - Residential Collection Dump Fees) $1,578,000 ·424-02083-543500 (Solid Waste - Commercial Collection Dump Fees) $1,974,000 ·424-02082-543500 (Solid Waste - Roll-Off Collection Dump Fees) $956,000 Page 1 City of Clearwater Printed on 8/27/2021 August 3, 2020 On March 12, 2019, the Board of County Commissioners (BCC) approved Resolution 19-14 which set the following disposal rate for the disposal of municipal solid waste, commercial waste, and yard waste: The fee for Approved Solid Waste be increased from the current rate of $37.50 per ton to: 1. $39.75 per ton effective October 1, 2019 2. $42.15 per ton effective October 1, 2020 3. $44.70 per ton effective October 1, 2021 Disposal Rate Increase: Effective October 1, 2020, is $42.15 per ton Fee Increases: The following fee increases will take effect October 1, 2020 when the Department of Solid Waste’s budget receives final approval from the BCC on September 22, 2020: 1. Tire Fee increases from $75 to $110 per ton (tire fee is applicable to any load containing five or more waste tires; reweigh is required) 2. Flat fee for cars increases from $3.00 to $4.00 per load 3. Flat fee for pick-ups and vans increases from $10.00 to $11.00 per load 4. Out-of-County Waste Surcharge is applied at $42.15 per ton in addition to the per ton rate of $42.15. No Fee Change: 1. Special Handling Service Fee remains $110 per load in addition to per ton rate 2. Contractor Surcharge Fee remains $100 per load in addition to the per ton rate 3. Christmas Tree Disposal Fee remains $3 per load for up to five Christmas trees City of Clearwater Estimate of Tons for Disposal - Revised 06/23/21 FY 2022 Need Angelo's Rates for FY22 - Current estimate 10% increase PCSW 6/1/20 to 5/31/21 Actual Tons 96,012.81 2082 - Residental Percentage 35.0%33,604.48 2083 - Commerical Percentage 43.8%42,053.61 2089 - RollOff 21.2%20,354.72 Angelo's 6/1/20 to 5/31/21 Actual Tons 26,051.13 2082 - Residental Percentage 67.6%17,610.56 2083 - Commerical Percentage 0.0%- 2089 - RollOff 32.4%8,440.57 eCyclePro's 6/1/20 to 5/31/21 Actual Tons 16.98 2082 - Residental Percentage 100.0%16.98 2083 - Commerical Percentage 0.0%- 2089 - RollOff 0.0%- Estimated FY22 Increase in Tonage (5%)105% Projected Tons to be disposed by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Tons PCSW (mostly putrescible)35,285 44,156 21,372 100,813 Angelo's (non-putrescible)18,491 8,863 27,354 E-waste recycler 18 18 Projected Tons to be Disposed 53,794 44,156 30,235 128,185 Disposal Cost Per Ton by Vendor Residential 2082 Commercial 2083 RollOff 2089 NOTES PCSW disposal cost per ton (a)$44.70 $44.70 $44.70 (a) PCSW $44.70/ton for FY22 Angelo's disposal cost per ton (b)$37.40 $37.40 $37.40 (b) Angelo's price $34/ton x10% increase = $37.40 eCycle Pro's (c) $0.00 $0.00 $0.00 (c) eCycle Pros - No Charge Total Projected Disposal Costs by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Cost PCSW (putrescible)$1,577,240 $1,973,773 $955,328 $4,506,341 Angelo's (non-putrescible)$691,563 $0 $331,476 $1,023,040 E-waste recycler $0 $0 $0 $0 Projected Disposal Costs $2,268,803 $1,973,773 $1,286,805 $5,529,381 41.03%35.70%23.27%100.00% Projected PO amounts Residential 2082 Commercial 2083 RollOff 2089 Total PCSW - Pinellas County Solid Waste $1,578,000 $1,974,000 $956,000 $4,508,000 Angelo's $692,000 $0 $332,000 $1,024,000 E-waste recycling $0 $0 $0 $0 $2,270,000 $1,974,000 $1,288,000 $5,532,000 41.0%35.7%23.3%100.0% Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9548 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize purchase orders to Angelo's Recycled Materials of St. Petersburg, FL and Consolidated Resource Recovery, Inc of Sarasota, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal in a not-to-exceed amount of $3,900,000.00 for the term October 1, 2021 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 27, 2021, the City entered into a cooperative bid with the City of Largo, Bid No. 21-B-727, for Yard Trash, Class III and Construction Demolition Debris Disposal, and two responsive, responsible bidders responded to the solicitation on June 29, 2021. Solid Waste seeks Council’s authorization to award to both Angelo’s Recycled Materials and Consolidated Resource Recovery, Inc., for a three-year term with one, two-year renewal options at the City’s discretion, should the contract be extended. The use of both vendors provides multiple disposal points within or near the city limits for Yard Waste, Class III Waste and Construction Demolition Debris, resulting in efficiency of operations in the Solid Waste Division and reduction in fixed expenses such as disposal costs. A purchase order secures the prices for three years but does not guarantee either vendor a specific quantity. APPROPRIATION CODE AND AMOUNT: Total annual funding budgeted for these services is $1,300,000.00, as outlined below: Funding for this contract is included in the proposed fiscal year 2021/22 operating budget of the Solid Waste Fund. The expenditure allocation is as follows: ·424-02082-543500 (Solid Waste - Residential Collection Dump Fees) $777,000.00 ·424-02082-543500 (Solid Waste - Roll-Off Collection Dump Fees) $373,000.00 Funding for this contract is included in the proposed fiscal year 2021/22 operating budget of the Parks and Recreation Fund. The expenditure allocation is as follows: ·0101874-543500 (Parks and Recreation - Dump Fees)$70,000.00 ·0101877-543500 (Parks and Recreation - Dump Fees)$80,000.00 Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9548 Page 2 City of Clearwater Printed on 8/27/2021 CITY COMMISSION LARGO, FLORIDA INVITATION FOR BID Bid #: 21-B-727 Date: May 27, 2021 Competitive sealed bids will be accepted by the City of Largo Office of Performance and Budget, Largo City Hall, located at 201 Highland Avenue, Largo, FL 33770, until 3:00 p.m., local time JUNE 29, 2021 at which time all bids received shall be publicly opened and read aloud in the Office of Performance and Budget, Largo City Hall, for YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL Bids must conform to the Specifications and Instructions to Bidders. Any deviation from the specifications must be shown. The City reserves the right to reject any or all bids received, to waive any irregularities or informalities. If you are interested in bidding, please complete the Invitation for Bid Form(s) and return to this office by the date indicated. Non-conformance with these instructions is grounds for rejection of bid. Late Bids will be rejected. If submitting the bid electronically through on-line services of DemandStar, all documents and attachments must be uploaded by the date and time indicated. Respondents who are e-bidding for the first time are strongly encouraged to contact DemandStar.com at 800-711-1712 or obtain assistance by e-mailing questions to suppliersservices@onvia.com Solicitation responses uploaded to DemandStar.com after the solicitation response due date and time shall not be considered. It is the sole responsibility of the respondent to ensure that it’s solicitation response is uploaded before such date and time. The City is not responsible for delays caused by power outages or internet failures. No exceptions will be made. Questions concerning this Bid should be directed to Joan Wheaton, Procurement Analyst, Office of Performance and Budget at (727) 587-6727. BY ORDER OF THE CITY COMMISSION LARGO, FLORIDA Joan Wheaton, Procurement Analyst Please indicate BID number Office of Performance and Budget on your response envelope. BID and ADDENDUM DOCUMENTS CAN BE DOWNLOADED FROM www.demandstar.com I N D E X INSTRUCTIONS TO BIDDERS 1.Scope.............................................................................................................................1 2.Definitions......................................................................................................................1 3.Preparation of Bids ........................................................................................................1 4.Submission and Receipt of Bids.....................................................................................2 5.Acceptance of Offer.......................................................................................................2 6.Clarification and Addenda..............................................................................................2 7.Firm Prices ....................................................................................................................3 8.Fiscal Non-Funding Clause............................................................................................3 9.Estimated Quantities......................................................................................................3 10.F.O.B. Largo, Florida......................................................................................................3 11.Discounts.......................................................................................................................3 12.Award.............................................................................................................................3 13.Brand Names.................................................................................................................4 14.Variations of Specifications............................................................................................4 15.Material Quality..............................................................................................................4 16.Acceptance of Material...................................................................................................5 17.Timely Delivery...............................................................................................................5 18.Price Changes Re: Contracts.........................................................................................5 19.City Indemnification Re: Patent & Copyright.................................................................5 20.Conflict of Interest..........................................................................................................5 21.Public Entity Crime ........................................................................................................5 22.Options...........................................................................................................................6 23.Subcontracting...............................................................................................................6 24.Taxes.............................................................................................................................6 25.Failure to Bid..................................................................................................................6 26.Additional Information Required.....................................................................................6 27.Manufacturer's Certification............................................................................................6 28.Default of Contract.........................................................................................................7 29.Modification for Changes................................................................................................7 30.Order or Precedence......................................................................................................7 31.Examination of Records.................................................................................................7 32.Occupational Health and Safety.....................................................................................7 33.Safety Clause.................................................................................................................8 34.Hold Harmless................................................................................................................8 35.Qualifications of Bidders.................................................................................................8 36.Disqualification of Bidders..............................................................................................8 37.Licenses and Permits.....................................................................................................8 38.Vendor Site Inspection and Evaluation...........................................................................9 39.Provisions for Other Agencies........................................................................................9 40.Applicable Law and Venue.............................................................................................9 41.Public Record Responsibilities.......................................................................................9 42.Attorney Fees.................................................................................................................9 43.Request for Information..................................................................................................9 SPECIAL CONDITIONS.........................................................................................................10 SPECIFICATIONS.................................................................................................................12 Bid Forms................................................................................................................................... Reference Information................................................................................................................ Statement of No Bid................................................................................................................... Insurance Requirements............................................................................................................ Debarment Certification Form.................................................................................................... CITY OF LARGO, FLORIDA INSTRUCTIONS TO BIDDERS 1.Scope The instructions to bidders and general conditions described herein apply to transactions on material, supplies or services with an estimated aggregate cost of $50,000 or more. 2.Definitions (as used herein) a.The term "Invitation For Bid" means a solicitation of formal sealed bids. The acronym "IFB" means Invitation For Bid. b.The term "bid" means the offer as a price by the bidder. c.The term "bidder" means the offerer. d.The term "Change Order" means a written order signed by the Assistant City Manager or authorized representative directing the vendor to make changes to a contract or purchase order resulting from the IFB. e.The term "City" means the City of Largo, Florida. f.The term "City Commission" means the governing body of the City of Largo. 3.Preparation of Bids a.Bidders are expected to examine the specifications, drawings, and all special and general conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract document, will be accepted as a basis for varying the requirements of the City or the compensation to the vendor. b.The apparent silence of any supplemental specifications as to any details or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of the specifications shall be made upon the basis of this statement. c.Bids shall be submitted on the Bid Form furnished with the specifications, other forms may be rejected. Unless otherwise stated within the specifications, responses to the IFB should be submitted in DUPLICATE for bid evaluation purposes. d.Each bidder shall furnish the information required by the IFB. The bidder shall sign the IFB and print or type his name, address, and telephone number on the face page and on each continuation sheet thereof on which he makes an entry. e.Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. A total shall be entered in the "Total" column for each item offered. In case of discrepancy between the unit price and extended price, the unit price 1 will be presumed correct. f.The bidders must state a definite time for delivery of supplies or performance of services. g.Additional or alternate bids, unless specifically requested, will not be accepted. Vendors are urged to inspect their product lines and select one item that will meet or exceed the specifications as given and submit only one bid. h.The bidder should retain a copy of all bid documents for future reference. i.All bids must be signed with the firm name and by an officer or employee having authority to bind the firm by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.su nbiz. org) Proof ot corporate signer must be included with the submttal with the proposal. Use Sunbiz screen shot or include a copy of Corporate Resolution. j. Debarment form must be completed and attached to bid submittal. 4.Submission and Receipt of Bids a.Bids must be received at or before the specified time of opening as designated in the IFB. Bidders are welcome to attend bid opening; however, no award of bid will be made at this time. A bid tabulation will be furnished, upon request. b.Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date specified for receipt of bids, the bid number, and the name and address of the bidder. c.The City of Largo is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by the specified time so that a bid can be considered. Late bids will be rejected. d.Email bids will not be considered; however, bids may be modified by email notice, provided such notices are received prior to the hour and date specified on the bid. Bids submitted by email or FAX will not be accepted. e.Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their expense, within thirty (30) days after notification. Failure to remove the samples will result in the samples becoming the property of the City. f.Failure to follow these procedures is cause for rejection of bid. g.Bids having any erasures or corrections must be initialed by the bidder in ink. Bids shall be signed in ink. All bid amounts shall be typewritten or filled in with ink. h.The City reserves the right to reject any or all bids received, to waive any irregularities in the bids received, or to accept the bid which best serves the interest of the City of Largo. I. Overnight and express mail should not be addressed to the PO Box. 2 5.Acceptance of Offer The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual document. 6.Clarification and Addenda Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Bid shall be made through the City of Largo Office of Performance and Budget. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, and additional information can be given. If any addenda are issued to this Bid, the City will attempt to notify all prospective Bidders who have secured same; however, it shall be the responsibility of each Bidder, prior to submitting the Bid, to check www.demandstar.com or contact the City of Largo Office of Performance and Budget at (727) 587- 6727, to determine if addenda were issued and to make such addenda a part of the Invitation to Bid. 7.Firm Prices The bidder warrants that prices, terms and conditions quoted in his bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the IFB. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time. 8.Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 9.Estimated Quantities Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the City that these quantities shall be purchased. The quantities shown are for the bidders' information only, and the City shall be bound only for actual quantities ordered. 10.F.O.B. Largo, Florida Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. Largo, Florida with all delivery costs and charges included in the bid price. Failure to do so may cause rejection of bid. 11.Discounts Cash discounts of two percent (2%) will be considered in determining the award. Unless otherwise specified, discounts offering 10 days or more will be taken by the City's Finance Department, with payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and acceptance of articles, and receipt of correct invoice(s). 3 12.Award The contract or purchase order shall be awarded by appropriate written notice to the qualified, responsible and responsive bidder whose bid best meets the requirements and criteria set forth in the IFB and as follows: a.The ability, capacity and skill of bidder to perform the contract or provide the service required; b.Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c.The character, integrity, reputation, judgment, experience and efficiency of the bidder; d.The quality of performance of previous contracts or services; e.The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; f.The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g.The quality, availability and adaptability of the supplies or contractual services to the particular use required; h.The ability of the bidder to provide future maintenance and service; i.The number and scope of conditions attached to the bid. j.The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request re-bids on the material described in the IFB. k.The City also reserves the right to award the contract on such material as the City deems will best serve its interests. l.The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. m.The City reserves the right to terminate the contract with thirty (30) days written notice of intent. 13.Brand Names If and wherever in the specifications of brand names, make, name of any manufacturer, trade name, or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR EQUAL is added. However, if a product other than the specified is bid, it is the bidder's responsibility to identify such product in his bid and he must prove to the City that said product is equal to or better than the product specified. Unless otherwise specified, evidence in the form of 4 samples may be requested if the brand being bid is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, such samples must be received by the City no later than four days after formal request is made. 14.Variations of Specifications For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/ or conditions, no matter how slight. Any deviation from specifications must be explained in complete detail, including any drawings, engineering explanations and effect upon the costs. If variations are not stated in the bid, it will be assumed that the product or service fully complies with the City's specifications. 15.Material Quality All materials used in the manufacture or construction of supplies, materials or equipment purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours at no charge to the City. 16.Acceptance of Material The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. It must comply with the terms herein, and be fully in accord with specification and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specification, the City reserves the right to cancel the order upon written notice to the bidder and return product to bidder at the bidder's expense. The City reserves the right to request that the bidder(s) provide a demonstration unit and/or presentation prior to award. 17.Timely Delivery Time will be of the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on the bid form. 18.Price Changes Re Contracts If this IFB is for an estimated quantity of supplies, etc., versus purchase of a specific quantity of articles or service, consideration in awarding bid for yearly contracts will be given: First to bidder offering firm prices for full contract period; and, Second to bidder offering firm prices subject to market price reduction. 19.City Indemnification RE: Patent & Copyright The Vendor, in accepting this order, agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based 5 thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment therefor by the City. 20.Conflict of Interest The bidder certifies that, to the best of his knowledge or belief, no elected/appointed official or employee of the City of Largo, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this bid. Financial interest includes ownership of more than five percent of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the bid or of any subcontractor or supplier thereof providing goods or services in excess of ten percent of the total bid amount. Additionally, the bidder, on company letterhead, must divulge at the time of bid submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Largo who has a financial interest, as defined herein, in providing the goods or services specified in the bid. The City, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the bid. Contractors who develop or draft specifications or Statement of Work for Bids/RFP’s are prohibited from competing for that work 21.Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.Options When the City requests bids with options regarding the extent of services to be provided, the City requests that all bidders provide a cost breakdown for each option proposed. Although all options may be purchased, some may not. The City reserves the right to decide, at its discretion, which options shall be purchased. Award will be made group by group or in the aggregate, whichever is in the best interest of the City of Largo. During the evaluation, vendors may be required to furnish price sheets their quotes are based on. The City also reserves the right to engage more than one firm, if it is believed that different firms might best serve the City's interests in performing different segments of a particular job. 23.Subcontracting Where proposers do not have the "in-house" capability to perform work desired, or to provide a product as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can 6 perform the work or provide the product at the desired quality and in a timely manner. Therefore, the name of any intended subcontractor(s) should be identified in the bid. 24.Taxes The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988. Exemption certificates will be provided upon request. 25.Failure to Bid If any vendor does not wish to bid, the Statement of No Bid must be returned. Otherwise, the vendor's name will be removed from the City's mailing list after three "No Bids". 26.Additional Information The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid opening the following documents: Most recent financial statements of the company; A list of equipment owned; A list of references which may be immediately contacted. 27.Manufacturer's Certification The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of contract for which the bidder must bear full liability. 28.Default of Contract In case of default by the bidder or contractor, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 29.Modification for Changes No agreement or understanding to modify this IFB and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Assistant City Manager or authorized representative of the City of Largo. 30.Order or Precedence In the event of an inconsistency between provisions of the IFB, the inconsistency shall be resolved by giving precedence in the following order: a.The schedule; b.Special provisions; c.Instructions to Bidders and General Instructions; 7 d.Other provisions of the contract, whether incorporated by reference or otherwise; and e.The specifications. 31.Examination of Records The bidder shall keep adequate records and supporting documentation applicable to the subject matter of this bid to include, but not be limited to, records of costs, time worked, working papers and/or accumulations of data, criteria or standards by which findings or data are measured, and dates/times of pick-up or delivery. Said records and documentation shall be retained by the bidder for a minimum of one (1) year from the date the bid is completed and accepted by the City. If any litigation, claim, or audit is started before the expiration of the one (1) year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved. Should any questions arise concerning this bid the City and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Bidders shall be authorized to retain electronic copies in lieu of original records, if they so desire. Any subcontractor(s) employed by a bidder who is subject to these requirements shall be subject to these requirements and the bidder is required to so notify any such subcontractor(s). 32.Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: a.The chemical name and the common name of the toxic substance. b.The hazards or other risks in the use of the toxic substance, including: 1.The potential for fire, explosion, corrosion, and reactivity; 2.The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3.The primary routes of entry and symptoms of overexposure. c.The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of over-exposure. d.The emergency procedure for spills, fire, disposal, and first aid. e.A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. f.The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 8 Any questions regarding these requirements should be directed to: Risk and Safety Manager, (727) 587-6774. 33.Safety Clause Any and all work originated from this bid must comply with all applicable safety laws based on any City, County, State and/or Federal regulations. 34.Hold Harmless The parties recognize that the Contractor/Vendor is an independent contractor. The Contractor/Vendor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of the terms and conditions of this Agreement, Invitation for Bid or Request for Proposal, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys excluding only the sole negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys. The Contractor’s/Vendor's liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor/Vendor against the City and the Contractor/Vendor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 35.Qualification of Bidders A bidder may be required, before the award of any contract, to show to the complete satisfaction of the City that he has the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified. 36.Disqualification of Bidders Any or all proposals will be rejected if there is any reason for believing that collusion exists among the bidders, and participants in such collusion will not be considered in future proposals for the same work. 37.Licenses and Permits The Contractor shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work. 38.Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 9 39. Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Sixth Judicial Circuit Court in and for Pinellas County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Tampa Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (I) any claim that is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. 40.Provisions for Other Agencies Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under the proposal. 41.Public Records Responsibilities Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Contractor on behalf of the City, Contractor shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City’s custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) 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 term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Contractor be transferred to the City, Contractor shall transfer, at no cost, to the City, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by the City, Contractor shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Contractor transfers all Public Records to the City pursuant to (d)(i) above, Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology of the City. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Contractor is acting on behalf of the City. 10 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Telephone number: (727) 587-6710 ext. 7003 E-mail address: dbruner@largo.com Mailing address: City of Largo, Attn: City Clerk, P.O. Box 296, Largo, Florida 33779-0296 42.Attorney Fees In the event of legal action or other proceeding arising under this Contract, the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post- judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorney’s fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the prevailing party will be entitled include the costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, regardless of whether such costs are taxable under any applicable statute, rule or guideline. 43.Request for Information Information may be obtained from the Office of Performance and Budget, (727) 587-6727, or from the individual listed on the IFB cover letter. 11 CITY OF LARGO, FLORIDA SPECIAL CONDITIONS FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 21-B-727 1.Intent In accordance with the enclosed specifications, it is the intent of the City of Largo to receive bid proposals for for a disposal facility for the items as described in the specifications. This bid is a Cooperative Bid for the City of Largo, City of Dunedin, City of Clearwater, and City of Treasure Island (for yard waste only). This facility must have approval from Pinellas County for recycling the majority of these materials. 2.Manufacturer's Reference Any such references, by brand or trade name or catalog number, are used for the purpose of describing the establishing general quality and performance levels. Unless otherwise stated in the bid section, consideration will be given for any product which meets or exceeds the quality of performance of the specification. Vendors are required to state exactly what they intend to furnish as provided in the proposal section, otherwise they shall be required to furnish the item as specified. 3.Warranty Failure by a manufacturer's authorized dealer to render proper warranty service/adjustments including providing a copy of the warranty work order to the City, shall subject that dealer to suspension from the City's approved vendor listing until satisfactory evidence of correction is presented to the Office of Performance and Budget. Payment will not be withheld pending warranty repairs and adjustments. 4.Acceptance Delivery of equipment does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the item meets specifications and conditions listed herein. Should the delivered equipment differ in any respect from specifications payment will be withheld until such time as the vendor takes necessary corrective action. If the proposed corrective action is not acceptable, the Office of Performance and Budget may authorize recipient to refuse final acceptance of the time, in which case the item shall remain the property of the vendor and the City shall not be liable for payment for any portion thereof. 5.Delivery 12 Bidders are cautioned that when stating delivery time, they are required to be as realistic as possible. as failure to deliver at stated may result in their removal from the City's bid list. 6.Performance Evaluation: Equipment and Vendor All equipment supplied to the City of Largo under any purchase order awarded as a result of this Invitation for Bid must be fully operational at the time of delivery, and complete with the specified options, attachments and accessories. Upon delivery, the equipment must perform at a level of effectiveness that would be reasonably expected from comparable unit in the same applications; failure of the equipment to perform acceptably will result in its return to the bidder without any obligation for payment. 7.Vendor Site Inspection and Evaluation The City reserves the right to inspect the vendor's site prior to award or at any reasonable time throughout the contract period. 8.Invoices Invoice copies (one original and one copy) shall be mailed to: City of Largo, Public Works, P.O. Box 296, Largo, Florida 33779-0296. 9.F.O.B. Point All prices quoted shall be F.O.B. destination with all delivery costs and charges included in the bid price. 10.Rejection of Delivery The City reserves the right to refuse delivery of any product which does not meet Federal, State or the specified safety standard. The City reserves the right to cancel any such item(s) on purchase orders and obtain such items from another source, when such items have not been delivered within a reasonable period of time as compared to the time stated in this bid. 11.Period of Contract Contract shall be for a period of three years effective the date of award. 12.Option of Renewal The contract may be renewed for one additional two-year period by mutual agreement only if all prices, terms, and conditions remain the same. 13 CITY OF LARGO, FLORIDA SPECIFICATIONS FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID # 21-B-727 1.Estimated Volume City of Largo: Given monthly and seasonal cycles, the City of Largo's Solid Waste Division will transport approximately 28,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, rear-load trucks and claw trucks, Monday through Friday and occasionally on Saturday (if facility is open). City of Dunedin: Given monthly and seasonal cycles, the City of Dunedin will transport approximately 8,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks. Monday through Friday and occasionally on Saturday (if the facility is open). City of Clearwater: Given monthly and seasonal cycles, the City of Clearwater will transport approximately 26,000 tons of non-putricible waste annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks, Monday through Friday and occasionally on Saturday (if the facility is open) City of Treasure Island: Given monthly and seasonal cycles, the City of Treasure Island will transport approximately 800 tons of yard waste only annually. These materials will be transported in roll-off trucks, claw trucks and rear-load trucks, Monday, through Friday and occasionally on Saturday (if the facility is open) 2.Definitions The bidder is hereby advised that for the purpose of this bid the following definitions apply: Pure Construction & Demolition Debris Materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wall board, and lumber: from the construction or destruction of a structure as part of a construction or demolition project, and including rock, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development petitions for a construction project. Mixing of construction and demolition debris with other types of solid waste, including 14 material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris. Yard Waste (Clean) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 5% miscellaneous materials. Yard Waste (Clean in Plastic or Paper Bags) Normal horticultural materials including but not limited to: grass clippings, tree trimmings, branches, stumps, leaves, weeds, and other bi-products of horticultural growth. These materials solely or in combination with less than 20% materials in plastic or paper bags. Class III/Mixed Loads Loads consisting of the following items: couches, bedding, white goods, carpet, glass plastic, pails/buckets, paper, and general household / non-putricible waste . 15 CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 City of Largo Estimated Annual Price Tonnage Per Ton Total Cost Pure Construction-Demolition Debris 4,000 $$ Yard Waste – Clean 3,000 $$ Yard Waste – Clean w/ material in bags 4,000 $$ Class III/Select Compactor Roll-offs 17,000 $$ Days and Hours of Operation: __________________________________________ List holidays when business is closed: ___________________________________________ ____________________________________________________________________ Round Trip Driving Distance from each Cities facility to the disposal facility: City of Largo: Public Works Complex, 1000 2nd Street SE, Largo, FL 33771 – To Bidders Disposal Site __________________________________________ City of Dunedin: Solid Waste Yard, 1070 Virginia St., Dunedin, FL 34698 – To Bidders Disposal Site __________________________________________ City of Clearwater: Solid Waste Department, 1701 N. Hercules Avenue, Clearwater, Fl 33765 -To Bidders Disposal Site __________________________________________ City of Treasure Island: Public Works, 108th Ave., Treasure Island, FL 33706 – To Bidders Disposal Site ____________________________________________ 16 CITY OF LARGO, FLORIDA BID FORM FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 PAGE 2 Location of Disposal Site (address): __________________________________________ __________________________________________ ___________________________________________ The undersigned bidder does hereby agree to furnish the City of Largo, Florida, the items listed in accordance with the Specifications shown by the Invitation to Bid to be delivered to the specified site for the price indicated. IT IS BIDDERS RESPONSIBILITY TO CHECK www/demandstar.com FOR FINAL DOCUMENTS AND ADDENDUMS BEFORE SUBMITTAL THIS BID MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN HIS/HER OWN NAME. BIDDER NAME: ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY CONTACT (REP): EMAIL ADDRESS(REP): SIGNATURE: TAX ID# SSN or EIN: 17 CITY OF LARGO, FLORIDA REFERENCE INFORMATION FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Organization __________________________________________________________________ Contact Person ________________________________________________________________ Address_______________________________________________________________________ City State Zip_______Phone Number ( ) _____ Project Cost Date Performed ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Representative Typed Name/Title___________________________________________________ Representative Signature ____________________________ Firm________________________ 18 CITY OF LARGO, FLORIDA STATEMENT OF NO BID FOR YARD TRASH, CLASS III & CONSTRUCTION DEMOLITION DEBRIS DISPOSAL BID #21-B-727 IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: City of Largo, Office of Performance and Budget, Post Office Box 296, Largo, FL 33779-0296. OR EMAIL to jwheaton@largo.com WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S): WE DO NOT OFFER THIS PRODUCT OR EQUIVALENT. SPECIFICATIONS ARE TOO "TIGHT", I.E. GEARED TOWARD ONE BRAND OR MANUFACTURER ONLY (PLEASE EXPLAIN BELOW). UNABLE TO MEET SPECIFICATIONS (PLEASE EXPLAIN BELOW). SPECIFICATIONS UNCLEAR (PLEASE EXPLAIN BELOW). INSUFFICIENT TIME TO RESPOND TO INVITATION TO BID. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. UNABLE TO MEET BOND REQUIREMENTS. OTHER (PLEASE SPECIFY BELOW). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF LARGO FOR FUTURE PROJECTS. Typed Name and Title __________________________________________________________ Signature ____________________________________________________________________ Company name _______________________________________________________________ Address _____________________________________________________________________ City State Zip Code ___________________ Telephone Number ( ) Fax ( ) _______________________ 19 INSURANCE REQUIREMENTS CHECKLIST FOR BID #21-B-727 Items marked "X" must be provided X General Liability Minimum Limits Required x Commercial General Liability $ 2,000,000 General Aggregate x Occurrence Form $ 1,000,000 Product/Complete Operations Agg. $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ X Automobile Liability Owned, Hired & Non-Owned $ 1,000,000 Combined Single Limit per Occurrence X Worker's Compensation Statutory and Employer's Liability $ 100,000 Each Accident $ 500,000 Disease - Policy Limit$ 100,000 Disease - Each employee Professional Liability - Errors & Omissions (*To be completed by Bidder)* Deductible: $ $ Aggregate * Claims Made (Y/N): $ Each Claim * Occurrence (Y/N): * Defense included in Limits (Y/N): Builder's Risk/Installation Floater (* To be completed by Bidder)* Flood Included $ Limit $ 100% of Completed or Installed Value * Transportation Included $ Limit All-Risk Form* Storage Included $ LimitCity Must Be A Named Insured. Copy of Policy Will Be Required. Other $ $ X The Certificate of Insurance must show “The City of Largo, its elected officials and employees” as an additional insured. The Certificate shall bear the requisite endorsements providing that the City is an additional insured and providing for waiver of subrogation by the Vendor/Subcontractor when applicable. X Vendor/Subcontractor shall provide immediate notice of any Vendor/Subcontractor initiated cancellation, non-renewal or adverse change to the policies required to be obtained or maintained pursuant to this RFP/Bid. Vendor/Subcontractor shall immediately forward to the City any notice it receives of cancellation, non-renewal or adverse change to any policy that is initiated by a policy provider(s). X Certificates must identify bid number and bid title. _______Subcontractors must carry same Insurance limits. _______Insurance Carrier should be A rated. _______The City reserves the right to request any additional information it deems necessary, and at a frequency it deems necessary, to confirm the requisite insurance remains in effect, at the required levels, for the duration of any contractual agreement entered into pursuant to this RFP/Bid and/or any Purchase Order issued in accordance with this RFP/Biid Statement of Bidder: We understand the requirements requested and agree to comply fully. Bidder - Authorized Signature A complete copy of this form with original signature must accompany bid. 20 DEBARMENT, SUSPENSION VENDOR RESPONSIBILITY CERTIFICATION FORM The Vendor certifies that neither the Vendor nor any person associated with the Vendor in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of public funds: (a)is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from government transactions by any federal, state or local governmental entity; (b)is presently on the Scrutinized Companies that Boycott Israell List or that is engaged in a boycott of Israel; (c)has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (d)is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; or (e)has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor about which any of the foregoing paragraphs (a) through (d) are true. __________________________________________ Vendor Name By: ________________________________________ Signature _______________________________________ Printed Name As its: _______________________________________ 21 City Commission AGENDA ITEM REPORT Meeting: City Commission - 20 Jul 2021 Presenter: Michael Gordon, Public Works Staff Contact: Michael Gordon, Solid Waste Manager Ext. 4052 migordon@largo.com TITLE Award Of Bid No. 21-B-727, Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials And Consolidated Resource Recovery, Inc. For A Three (3) Year Period In The Estimated Amount of $900,000 Per Year SUMMARY: The Award of Bid No. 21-B-727 is to two (2) separate vendors effective October 1, 2021 to September 30, 2024 for a three (3) year period pursuant to the terms and conditions contained in the bid document. Both companies that submitted bids (Angel's Recycled Materials and Consolidated Resource Recovery, Inc.) were selected in order to provide flexibility and competitive pricing to the City based on service being provided. The use of both vendors provides multiple disposal points within or near the City limits for Yard Waste, Class III Waste and Construction Demolition Debris, resulting in efficiency of operations in the Solid Waste Division and reduction in fixed expenses such as disposal costs. An annual purchase order secures the prices for three (3) years, but does not guarantee either vendor a specific quantity. In FY 2020, $855,600 was spent on disposal of Yard Waste, Class III Waste and Construction Demolition Debris Disposal. The City of Dunedin, City of Clearwater and the City of Treasure Island are participants on this bid, but are responsible for their own disposal costs. This bid contains a fiscal non-funding clause. BUDGET INFORMATION: BUDGETED AMOUNT: $1,247,000 AVAILABLE AMOUNT: $1,247,000 EXPENDITURE AMOUNT: $900,000.00 Additional Budgetary Information: Funding Source(s): These funds are budgeted in programs ($916,000) Roll-off Collection and ($331,000) Residential Bulk Curbside Collection based upon the projected tonnage of collected materials from historical data. Solid Waste Fund POTENTIAL MOTION / DIRECTION REQUESTED: I MOVE TO APPROVE/DISAPPROVE AWARD OF BID NO. 21-B-727, YARD WASTE, CLASS III WASTE, AND CONSTRUCTION DEMOLITION DEBRIS DISPOSAL, TO ANGELO'S RECYCLED MATERIALS AND CONSOLIDATED RESOURCE RECOVERY INC. FOR A THREE (3) YEAR PERIOD IN THE ESTIMATED AMOUNT OF $900,000 PER YEAR. ATTACHMENTS: Bidsheet-21-B-727 City Commission Directive Tuesday, July 20, 2021 Commission Chamber @ 6:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE Mayor Woody Brown A CEREMONIAL 1.Proclamation Of July As Recreation And Parks Month 2.Recognition Of Indian Rocks Baptist Church And Indian Rocks Christian School As Sponsor Of Fourth Of July Fireworks 3.Florida Water Environment Association (FWEA) 2021 Collection System Of The Year Award B CITIZEN COMMENT C APPROVAL OF AGENDA/MINUTES 4.Approval Of Agenda - Regular Meeting of July 20, 2021 - APPROVED 7-0 5.Approval Of Minutes – Regular Meeting of June 15, 2021 - APPROVED 7-0 D CONSENT DOCKET (Previously budgeted or administrative matters that require approval by the City Commission.) - APPROVED 7-0 6.Approval Of The Assignment Of A Maintenance Agreement For Stormwater Pipes Located Adjacent To 1159 Clearwater-Largo Road 7.Approval Of The Assignment Of A Maintenance Agreement For Right-Of-Way Improvements Located Adjacent To 1159 Clearwater-Largo Road 8.Award Of The Contract No. 21-B-720, Egret Drive Box Culvert Remediation, To American Empire Builders, Inc. For Construction In The Amount Of $259,999.50 9.Award Of Bid No. 21-B-727, Yard Waste, Class III Waste And Construction Demolition Debris Disposal, To Angelo's Recycled Materials And Consolidated Resource Recovery, Inc. For A Three (3) Year Period In The Estimated Amount of $900,000 Per Year 10.Acceptance Of A Permanent Sidewalk Easement Located At 801 West Bay Drive 11.Approval of Community Development Block Grant Covid-19 Funding (CDBG-CV) Subrecipient Agreement for Society of St. Vincent De Paul South Pinellas, Inc. in the Amount of $236,160 12.Award Of Bid No. 21-B-714, Roof Replacement Public Works Administration, To Allied City Commission Directive - 20 Jul 2021 Roofing, Inc. In The Amount of $287,030 13.Resolution No. 2295 - Amending The 401(A) Defined Contribution Plan And The 457(B) Deferred Compensation Plan To Discontinue The Second Loan Provision Adopted For COVID-19 Relief 14.Renewal Of RFP No.18-P-634, Group Voluntary DMO And PPO Dental Insurance, To United 2021 1, October Beginning Period A One Through For Healthcare, Year September 30, 2022 In The Estimated Amount Of $304,000 15.Renewal Of RFP No. 13-P-446, Group Medical Insurance, For Plan Year October 1, 2021 To September 30, 2022, With Public Risk Management Of Florida Health Trust In The Estimated Amount Of $12,995,400 16.Authorizing The City Manager To Execute An Agreement With Bryant Miller Olive In The Amount Of $140,000 For Legal Services Related To The Issuance Of Debt For The New City Hall Project And The New Parks Building Complex E PUBLIC HEARINGS (Procedure for Public hearings: staff presentation; reading of Ordinance title; public hearing; questions/discussion; City Commission action.) 17.Resolution No. 2291 - Approval Of The 2021-2022 Community Development Block Grant (CDBG) Action Plan - APPROVED 7-0 18.Ordinance No. 2021-61 - Second Reading - Amending Section 2-50 Of The Code Of Ordinances Amending The City's Indemnification Policy For The Defense Of City Officials And Employees - ADOPTED 7-0 F LEGISLATIVE MATTERS (Procedure for legislative matters: staff presentation; public input; City Commission questions/discussion; City Commission action.) 19.Award Of RFP No. 21-P-723 To Collective Water Resources, LLC For The Sustainability And Resilience Plan Consultant Services In The Estimated Amount Of $235,000, Upon Adoption of FY 2022 Budget - APPROVED 7-0 20.Resolution No. 2294 - Establishing the Affordable Housing Advisory Committee (AHAC) - APPROVED 7-0 21.Approval Of The Proposed Property Tax Rate To Be Levied And The Time, Date, And Place For The First Public Hearing For The Property Tax Rate And Budget Adoption For FY 2022 - 5.62 MILLS AND 09/07 PH APPROVED 6-1 (SMITH NAY) 22.Ordinance No. 2021-62 - First Reading - Amending The Code Of Ordinances, Chapter 20 – Solid Waste, To Increase Fees And Clarify Definitions - APPROVED 7-0, P/H ON 08/03 G STAFF REPORTS (Information only, may require City Commission direction by consensus - but does not require formal action by the City Commission. Public input will not be accepted.) 23.Starkey Road Basin Best Management Practices Implementation Project Update - PRESENTATION GIVEN H ITEMS FROM CITY ATTORNEY, COMMISSION, MAYOR, CITY MANAGER City Commission Directive - 20 Jul 2021 ACTION ITEMS 1. Request by Commissioner Smith that news of the Environmental Services Department’s FWEA 2021 Collection System Of The Year Awardbe communicated to the public. 2. Request by Commissioner Smith that the City Commission be provided with the Collective Water Resources PowerPoint presentation. 3. Request by Commissioner Smith that staff communicate to residents and news media when the Dahlia Place project is complete. Updates: Largo - Document Center (civicweb.net) I ADJOURNMENT Any invocation offered at the start of the City Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the City Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Commission, and the City Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. City of Clearwater Estimate of Tons for Disposal - Revised 06/23/21 FY 2022 PCSW 6/1/20 to 5/31/21 Actual Tons 96,012.81 2082 - Residental Percentage 35.0%33,604.48 2083 - Commerical Percentage 43.8%42,053.61 2089 - RollOff 21.2%20,354.72 Angelo's 6/1/20 to 5/31/21 Actual Tons 26,051.13 2082 - Residental Percentage 67.6%17,610.56 2083 - Commerical Percentage 0.0%- 2089 - RollOff 32.4%8,440.57 eCyclePro's 6/1/20 to 5/31/21 Actual Tons 16.98 2082 - Residental Percentage 100.0%16.98 2083 - Commerical Percentage 0.0%- 2089 - RollOff 0.0%- Estimated FY22 Increase in Tonage (5%)105% Projected Tons to be disposed by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Tons PCSW (mostly putrescible)35,285 44,156 21,372 100,813 Angelo's (non-putrescible)18,491 8,863 27,354 E-waste recycler 18 18 Projected Tons to be Disposed 53,794 44,156 30,235 128,185 Disposal Cost Per Ton by Vendor Residential 2082 Commercial 2083 RollOff 2089 NOTES PCSW disposal cost per ton (a)$44.70 $44.70 $44.70 (a) PCSW $44.70/ton for FY22 Angelo's disposal cost per ton (b)$42.00 $42.00 $42.00 (b) Angelo's price $42/ton per contract eCycle Pro's (c) $0.00 $0.00 $0.00 (c) eCycle Pros - No Charge Total Projected Disposal Costs by Vendor Residential 2082 Commercial 2083 RollOff 2089 Total Cost PCSW (putrescible)$1,577,240 $1,973,773 $955,328 $4,506,341 Angelo's (non-putrescible)$776,622 $0 $372,246 $1,148,868 E-waste recycler $0 $0 $0 $0 Projected Disposal Costs $2,353,862 $1,973,773 $1,327,574 $5,655,209 41.62%34.90%23.48%100.00% Projected PO amounts Residential 2082 Commercial 2083 RollOff 2089 Total PCSW - Pinellas County Solid Waste $1,578,000 $1,974,000 $956,000 $4,508,000 Angelo's $777,000 $0 $373,000 $1,150,000 E-waste recycling $0 $0 $0 $0 $2,355,000 $1,974,000 $1,329,000 $5,658,000 41.6%34.9%23.5%100.0% C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5811FBE5\@BCL@5811FBE5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9514 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize a purchase order to Wastequip Manufacturing Company LLC of Charlotte, NC for the purchase of roll-off containers, compactors, and compactor parts in a not-to-exceed amount of $1,284,000.00 for term October 1, 2021 through June 2, 2025, pursuant to Clearwater Code of Ordinance Section 2.563 (1)(c) - piggyback contract; and authorize the appropriate officials to execute the same. (consent) SUMMARY: The City of Clearwater’s Solid Waste/Recycling Department provides collection service for putrescible garbage, construction and demolition debris, and recyclables from commercial customers. Large amounts of debris may be transported in roll -off containers and compactors by city collection vehicles to state-permitted disposal facilities. The standardization of Wastequip compactors expedites repairs and maintenance, eliminates excessive equipment downtime, as well as reduces the inventory volume of parts and supplies to be maintained (pursuant to Section 21: Standardization, of the City's Purchasing Manual). Authorization is requested to piggyback off of Sourcewell RFP #040621, Bulk Solid Waste and Recycling Equipment which will allow Solid Waste/Recycling to purchase new equipment, replacement equipment, and repair parts. Sourcewell RFP #040621 offers a one (1), one-year renewal option to be used at the City’s discretion. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 96444, Commercial Container Acquisition, to fund this purchase order. Page 1 City of Clearwater Printed on 8/27/2021 040621-WQI Rev. 10/2020 1 Solicitation Number: RFP #040621 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Wastequip Manufacturing Company LLC, 6525 Morrison Blvd., Suite 300, Charlotte, NC 28211 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Bulk Solid Waste and Recycling Equipment from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 2, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 040621-WQI Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s affiliates, authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 040621-WQI Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 040621-WQI Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 040621-WQI Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 040621-WQI Rev. 10/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 040621-WQI Rev. 10/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their 040621-WQI Rev. 10/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, or exemplary damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the indemnitee was advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. 040621-WQI Rev. 10/2020 9 Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 040621-WQI Rev. 10/2020 10 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. 040621-WQI Rev. 10/2020 11 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less 040621-WQI Rev. 10/2020 12 broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is 040621-WQI Rev. 10/2020 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 040621-WQI Rev. 10/2020 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. 040621-WQI Rev. 10/2020 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 040621-WQI Rev. 10/2020 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 040621-WQI Rev. 10/2020 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - 2. RFP 040621 Wastequip 09 Financial Strength and Stability.pdf - Monday April 05, 2021 14:47:13 Marketing Plan/Samples - 7. RFP 040621 Wastequip 032 Marketing Plan Samples.pdf - Monday April 05, 2021 14:52:09 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - 9. RFP 040621 Wastequip 042 Warranty.pdf - Monday April 05, 2021 14:47:25 Pricing - 11. 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)UL)HEUXDU\$0 $GGHQGXPBB%XONB6ROLGB:DVWHB(TXLSPHQWB5)3B 7KX)HEUXDU\30 Bid Number: RFP 040621 Vendor Name: Wastequip Manufacturing Company LLC Wastequip #040621-WQI Pricing for contract #040621-WQI offers Sourcewell participating agencies the following discounts: • Wastequip® Steel Container Products: Special Market Pricing • Wastequip® Compaction Products: 5% to 20% off Catalog List Pricing • Confab® Steel Container Products: Special Market Pricing • Galbreath® Mobile Products: 5% to 20% off Catalog List Pricing • Amrep® Mobile Products: Special Market Pricing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9599 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the Restrictive Covenant required by the State of Florida for a Cultural Facilities Grant awarded to Ruth Eckerd Hall, Inc. and authorize the appropriate officials to execute same. (consent) SUMMARY: Ruth Eckerd Hall, Inc. was awarded a Cultural Facilities grant from State of Florida, Department of State, Division of Cultural Affairs in the amount of $250,000 to be used only for the acquisition, renovation, and construction of the cultural facility in accordance with Section 265.701(1), Florida Statutes. Prior to the COVID-19 pandemic, Ruth Eckerd Hall served 465,400 Floridians through 538 annual events. The K-12 education programs reached over 45,000 students annually. The Hall continues to find creative ways to serve constituents during the pandemic. Appropriation funding will be used for the renovation of an existing area to create an outdoor theater, called The England Family Music Garden allowing students and patrons to distance safely, outdoors, while participating in programming. Once completed, this updated venue will engage and serve patrons providing education space, professional development, and performance space. As the owner, the City of Clearwater is required to approve a Restrictive Covenant stating that the facility will be used as a “cultural facility” for 10 years following the execution of the grant award, which was July 1, 2021 and the funding will expire June 1, 2023; however, the project is estimated to be completed by December 31, 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/27/2021 Restrictive Covenant Ruth Eckerd Hall, Inc. and City of Clearwater Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9505 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Reappoint Jeffery W. Smith to the Clearwater Housing Authority Board with a term to expire September 30, 2025. SUMMARY: APPOINTMENT WORKSHEET This appointment is made by the Mayor and approved by City Council. The Mayor has chosen to reappoint Mr. Smith. BOARD: Clearwater Housing Authority TERM: 4 years FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater, except for the Public Housing Resident SPECIAL QUALIFICATIONS: 1 member shall be a Program Recipient - Clearwater residency not required. 2 members can be Pinellas County residents who are employed within city limits; Clearwater residency not required. MEMBERS: 5 CHAIRPERSON: John Doran MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT EXPIRES: 1. Jeffery W. Smith - 3300 Masters Dr., 33761 - Architectural Designer Original Appointment: 9/5/13 (currently serving 2nd term to expire 9/30/21) Interested in Reappointment: Yes Zip codes current members on board: 2 at 33761 2 at 33770 Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9506 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint one member to the Environmental Advisory Board with a term to expire September 30, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Jared Leone MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) STAFF LIAISON: Sarah Kessler/Eng. PLACE: Main Library/Council Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE: 1. Jared Leone - 1266 Palm St., 33755 - Journalist/writer Original Appointment: 3/17/16 (0 absences in the last year) (currently serving 1st term to expire 9/30/21) Interested in Reappointment: Yes THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Erika Escamilla - 1812 Beverly Cir. N., 33764 - Interpreter 2. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax and Payroll Accounting Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9506 3. Sheila Sullivan - 3043 Marlo Blvd., 33759 - Graduate Student in Sustainability program 4. Nicholas T. West (Pasierb) - 111 N. Nimbus Ave., 33765 - Political Analyst Zip codes of current members: 1 at 33755; 1 at 33756; 1 at 33764; 1 at 33765; 1 at 33767 Page 2 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9508 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Reappoint Camille J. Hebting to the Neighborhood and Affordable Housing Advisory Board with a term to expire September 30, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Camille Hebting MEETING DATE: 2nd Tues. most months PLACE: Main Library/Council Chambers STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH WILL BE EXPIRING AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM. SHE WISHES TO SERVE ANOTHER TERM. 1. Camille J. Hebting - 1755 Fulton Ave., 33755 - Sales & Marketing Mgr. Original Appointment: 6/20/19 (0 absences in the last year) (currently filling an unexpired term until 9/30/21) Interest in reappointment: Yes (Citizen who represents employers within the City of Clearwater) Zip codes of current members: Page 1 City of Clearwater Printed on 8/27/2021 File Number: ID#21-9508 1 - 33703 1 - 33711 1 - 33755 2 - 33756 1 - 33774 1 - 34222 Current Special Qualifications: 1 citizen actively engaged in the banking or mortgage Industry in connection with affordable housing 1 citizen actively engaged in the residential home building industry in connection with affordable housing 1 citizen who resides within the City of Clearwater 1 citizen actively engaged as a real estate professional in connection with affordable housing 1 citizen actively engaged as an advocate for low-income persons in connection with affordable housing 1 citizen actively engaged as a not-for-profit provider of affordable housing 1 citizen who represents employers within the City of Clearwater Page 2 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9665 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Appoint David Margolis as City Attorney effective October 25, 2021 and approve an Employment Agreement with him. SUMMARY: On August 24, 2021, City Council unanimously agreed to offer David Margolis the position of City Attorney upon the retirement of Pamela Akin and directed Ms. Akin to negotiate an Employment Agreement with Mr. Margolis. Mr. Margolis has agreed to the following provisions: His salary will be $210,000.00 annually, he will be covered by Federal Social Security, and the City will contribute 15% of his salary to the Money Purchase Pension Plan [401(A)]. He will receive a car allowance in the amount of $600 per month, will accumulate General Leave in lieu of sick, vacation and floating holidays at the amount of 35 days per year, with a cap of 120 days’ accrual. He will be entitled to the same paid holidays, travel expenses and insurance coverages as other management employees, including life and disability insurance. He will move into the city within one year of appointment and the city will provide up to $20,000 for the actual and reasonable cost of moving, packing and storing expenses. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-09600-510100, Full Time Salaries, to fund this agreement. Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9438-21 2nd rdg Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9438-21 on second reading, amending Sections 2.226 through 2.229, Clearwater Code of Ordinances, to address statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets for the requirements for establishing a local Affordable Housing Advisory Committee. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Ordinance No. 9438-21 ORDINANCE NO. 9438-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE III, DIVISION 9A, SECTIONS 2.226 THROUGH 2.229; PROVIDING FOR ANNUAL AUGMENTATION OF THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD BY RESOLUTION OF THE CITY COUNCIL, TO APPOINT THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMNENT OF AN ELECTED LOCAL OFFICIAL TO THE COMMITTEE; PROVIDING THAT THE ELECTED LOCAL OFFICIAL ATTEND BIANNUAL REGIONAL WORKSHOPS; PROVIDING FOR THE WITHHOLDING OF FUNDS SHOULD ELECTED OFFICIAL FAIL TO ATTEND WORKSHOPS; PROVIDING FOR THE ANNUAL REVIEW OF POLICIES AND PROCEDURES, ORDINANCES, LAND DEVELOPMENT REGULATIONS, AND ADOPTED LOCAL GOVERNMENT COMPREHENSIVE PLAN TO FACILITATE AFFORDABLE HOUSING, AND FOR THE ANNUAL SUBMISSION BY THE COMMITTEE OF A REPORT REGARDING SAME TO COUNCIL AND THE STATEWIDE AGENCY OVERSEEING THE AFFORDABLE HOUSING CATALYST PROGRAM IN ACCORDANCE WITH SECTION 420.531, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7981-08 established the Neighborhood and Affordable Housing Advisory Board as the Affordable Housing Advisory Committee (“Committee”); and WHEREAS, Ordinance No. 8068-09 provided for the Affordable Housing Advisory Committee to be constituted every three years, as previously statutorily mandated, and for the termination of terms of the Committee following completion of its periodic duties; and WHEREAS, it has been statutorily mandated that the Committee include an additional member, specifically, an elected official from each municipality participating in the State Housing Initiatives Partnership Program; and WHEREAS, it has also been statutorily mandated that the Committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and recommend specific actions or initiatives to facilitate affordable housing, and submit a report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which include Ordinance No. 9438-21 [GM14-1510-166/273901/1] 2 recommendations on the implementation of affordable housing incentives annually; and WHEREAS, the locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in section 420.531(2), Florida Statutes; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229 is hereby amended to read as follows: Sec. 2.226. - Creation; membership. (1) There is hereby created and established the Neighborhood and Affordable Housing Advisory Board of the City of Clearwater. (2) The board shall consist of a minimum of seven members and augmented by one to four members triennially annually appointed by resolution of the city council pursuant to section 2.228(4), who are residents of or conduct work in the city. Members shall be appointed by the city council. The board shall include the following: 1. One citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2. One citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. 3. One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. 4. . One citizen who is actively engaged as a not-for-profit provider of affordable housing. 5. One citizen who is actively engaged as a real estate professional in connection with affordable housing. 6. One citizen who resides within the City of Clearwater. 7. One citizen who represents employers within the City of Clearwater. (3) Of the initial appointments, three members shall be appointed for a term of four years; two members shall be appointed for a term of three years; two members shall be appointed for a term of two years. Thereafter, appointments shall be for a term of four years. A member, including a member initially appointed for term of less than four years, may be reappointed for not more than one additional term. If a vacancy occurs, a new appointment shall be made by the city council for the unexpired term. Members shall serve without pay. Ordinance No. 9438-21 [GM14-1510-166/273901/1] 3 Sec. 2.227. - Officers; conduct of meetings; staff liaison. (1) The board shall elect from its membership a chairperson, a vice-chairperson, and such other officers as the board may find necessary. Each officer of the board shall serve for a term of one year. The chairperson shall not serve consecutive terms as chairperson. (2) The board shall adopt rules of procedure to govern the conduct of its business. The board shall hold at least one regular meeting every three months and may hold regular meetings more frequently as the board may agree, but not more than one regular meeting shall be held per month. Special meetings may be called as is necessary by the chairperson, or by any three members, upon not less than 24 hours written notice. A quorum shall consist of the majority of the members currently serving. In the presence of a quorum, board business shall be conducted by a majority vote of the members present and voting. The board and its members shall comply with the public records and public meeting laws and other applicable laws of the State of Florida. (3) The city manager shall designate a city employee to serve as staff liaison for the board and to assist the board in the performance of its duties, including the appointment of a recording secretary to meet the administrative needs of the board. Any request by the board for information, reports, or other significant work efforts that will reasonably be expected to exceed eight hours of staff time shall require the advance approval of the city council. Sec. 2.228. - Powers and duties. The board shall have the following powers and duties: (1) Review the programs of the city which are directed to improving the physical environment and lifestyle of low to moderate income people assisted by the various federal, state and county housing and community development programs the city receives, by: (a) Assessing neighborhood needs; (b) Formulating neighborhood goals and objectives; (c) Establishing priorities for projects within neighborhoods; (d) Monitoring programs; and (e) Evaluating programs. (2) The monitoring and evaluation of programs shall, as a minimum, include the following activities: (a) Attending and participating in public hearings regarding the programs; (b) Reviewing condition data; (c) Reporting citizen reactions to projects and programs; Ordinance No. 9438-21 [GM14-1510-166/273901/1] 4 (d) Reviewing reports regarding projects and program activities; (e) Reviewing goals and objectives and recommending priorities for the order in which activities are to be undertaken; and (f) Reviewing applications for the funding of selected programs. (3) Make recommendations to the city manager and city council regarding such programs. (4) Carry out the duties of an advisory committee when and to the extent that an advisory committee may be required for the various state, federal and county housing and community development program funding the city receives. Every three years year, the Board shall sit separately as the Affordable Housing Advisory Committee (AHAC) according to F.S. § 420.9076. In addition to the seven members, the Committee must consist of one locally elected official from Clearwater, and four three additional committee members will be appointed by resolution of the city council in from the following categories: (1) One citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. (2) One citizen who is actively engaged as a for-profit provider of affordable housing. (3) One citizen who serves on the local planning agency pursuant to F.S. § 163.3174. (4) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in section 420.531(2), Florida Statutes. If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person’s attendance at the next regularly scheduled biannual meeting. The AHAC shall be appointed by resolution of the city council and shall have the following powers and duties: Review annually, the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the city and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The board shall submit an annual report to the city and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which that includes recommendations on and triennially thereafter evaluates the implementation of affordable housing incentives in the following areas: Ordinance No. 9438-21 [GM14-1510-166/273901/1] 5 (a) The processing of approvals of development orders or permits and expedited permitting for affordable housing projects. (b) All allowable fee waivers provided The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable Affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which the city considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The approval by the board of the city's local incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the board taken at a public hearing. Notice of the time, date, and place of the public hearing of the board to adopt final housing incentive strategies recommendations must be published in a newspaper of general paid circulation in Pinellas County. The notice must contain a short and concise summary of the housing incentive strategies recommendations to be considered by the board. The notice must state the public place where interested persons can obtain a copy of the tentative board recommendations. Within 90 days after the date of receipt of the housing incentive strategies recommendations from the board, the city council shall adopt an amendment to its local housing assistance plan to incorporate the housing incentive strategies it will implement. The appointment of these four additional members shall terminate upon the adoption at the end of each three-year annual review by the city council of the amendments to the Local Housing Assistance Plan. (5) Those other powers and duties of the affordable housing advisory committee as are provided by law. Ordinance No. 9438-21 [GM14-1510-166/273901/1] 6 Sec. 2.229. - Removal. (1) The city council shall have the authority to remove any member of the board for misconduct or neglect of duty. (2) The city manager shall have the authority to remove any member of the board for excessive absence as defined in section 2.066. 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9478-21 2nd rdg Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9478-21 on second reading, annexing certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Ordinance No. 9478-21 ORDINANCE NO. 9478-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida; (ANX2021-06009) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9478-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 8 0 6 918 906 8 0 1 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914 912 910908 904 8 0 0 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED ANNEXATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST N BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR MISSION CIR CHAMBLEE LN BORDEAUX LN SAN MATEO ST TERRACE VIEW LN ABBEY CT BRIGADOON DR PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S AV E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 906 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential RU MOS S A V E MOS S A V E LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N N BAYVIEW AVE N BAYVIEW AVE KAPOK KOVE DR KAPOK KOVE DR GLEN OAK AVE EGLEN OAK AVE ETERRACE VIEW LN TERRACE VIEW LN KAPOK CIR KAPOK CIR KAPOK KOVE CIR KAPOK KOVE CIR -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2021-06009 Joe & Maria Hernandez 3036 Glen Oak Avenue N View looking north at subject property 3036 Glen Oak Avenue N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Glen Oak Avenue N View looking westerly along Glen Oak Avenue N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9479-21 2nd rdg Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9479-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Ordinance No. 9479-21 ORDINANCE NO. 9479-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-06009) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9478-21. Ordinance No. 9479-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 (14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C) WATER RL RL RL RL RL RL RL P RL CG RU RU RL R/OS R/OS RL RL P P RL WATER RM MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 9112950 303030123024305030003060300630441200 308430192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 9 0 6 801 924 30813061307230363041303130553049304030253018306930351107 30753001304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 3029304112 0 0 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST N BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR MISSION CIR CHAMBLEE LN BORDEAUX LN SAN MATEO ST TERRACE VIEW LN ABBEY CT BRIGADOON DR PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S AV E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 906 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential RU MOS S A V E MOS S A V E LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N N BAYVIEW AVE N BAYVIEW AVE KAPOK KOVE DR KAPOK KOVE DR GLEN OAK AVE EGLEN OAK AVE ETERRACE VIEW LN TERRACE VIEW LN KAPOK CIR KAPOK CIR KAPOK KOVE CIR KAPOK KOVE CIR -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2021-06009 Joe & Maria Hernandez 3036 Glen Oak Avenue N View looking north at subject property 3036 Glen Oak Avenue N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Glen Oak Avenue N View looking westerly along Glen Oak Avenue N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9480-21 2nd rdg Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9480-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Ordinance No. 9480-21 ORDINANCE NO. 9480 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GLEN OAK AVENUE N APPROXIMATELY 150 FEET EAST OF MOSS AVENUE, WHOSE POST OFFICE ADDRESS IS 3036 GLEN OAK AVENUE N, CLEARWATER, FL 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9478-21. Property Zoning District Lot 19, Block C, KAPOK TERRACE, according to the plat thereof as recorded in Plat Book 36, Pages 14 and 15, of the Official Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-06009) Ordinance No. 9480-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 (14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C) LMDR C OS/R LDR OS/R MDR MDR MOS S A V E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 9 0 6 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 3029304112 0 0 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 PROPOSED ZONING MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST N BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE WOLFE RD LAKE VISTA DR GLEN OAK AVE N THOMAS RD KAPOK KOVE DR MISSION CIR CHAMBLEE LN BORDEAUX LN SAN MATEO ST TERRACE VIEW LN ABBEY CT BRIGADOON DR PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 14/02 3.30 694(S)429(S)41/01 1.2 283 166 230363257 270000 271000ABBEY ABBEYCT 45108 12345678910 11 12 55 56 1 23 4 5 6 7 8 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4041 42 43 44 4548 49 50 51 5253 23/05 23/031 4.13 23/0410 1025.9210691(S)14 10 313.79 171.64136.5 324000 LAKE CAROL C E F C D G 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6(14) 32/01 1.57 116(S) 116 593593PARK AC(C) AC (C) AC(C) AC (C)MOS S AV E LAKE VISTA DR GLEN OAK AVE N N BAYVIEW AVE KAPOK KOVE DR GLEN OAK AVE ETERRACE VIEW LN KAPOK CIR KAPOK KOVE CIR 800 911 917 809 801 815 907 900 807 906 806 918 906 801 9112950 3030301230243050300030603006304430181200 1107 3084300130192998304230803012306830133006303030071112 30481116 3020307630833000303730243030304230741016 1113 1113 30363070901 808 915 920 916914912 910908 904 800 924 3081306130723036304130313055304930403025306930353075304030341201 30613041306730361201 30401100 3021308730471206 3073303930351207 302930411200 30431200 308130251106 30491201 3047306330691207 30753055305730333048305330453035305730791206 305130851207 30463063-Not to Scale--Not a Survey-Rev. 6/9/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential RU MOS S A V E MOS S A V E LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N N BAYVIEW AVE N BAYVIEW AVE KAPOK KOVE DR KAPOK KOVE DR GLEN OAK AVE EGLEN OAK AVE ETERRACE VIEW LN TERRACE VIEW LN KAPOK CIR KAPOK CIR KAPOK KOVE CIR KAPOK KOVE CIR -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Maria J. Hernandez Case: ANX2021-06009 Site: 3036 Glen Oak Avenue N. Property Size(Acres): ROW (Acres): 0.214 Land Use Zoning PIN: 09-29-16-45126-003-0190 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANX2021-06009 Joe & Maria Hernandez 3036 Glen Oak Avenue N View looking north at subject property 3036 Glen Oak Avenue N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Glen Oak Avenue N View looking westerly along Glen Oak Avenue N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9502-21 2nd rdg Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9502-21 on second reading, amending Clearwater Code of Ordinance Chapter 2, Article VI, Division 3, Purchasing, by adding Section 2.561(1)(k) and new Subdivision V, Public-Private Partnerships. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 1 ORDINANCE NO. 9502-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE VI, DIVISION 3, PURCHASING; PROVIDING FOR SECTION 2.561(1)(K); SUBDIVISION V. PUBLIC-PRIVATE PARTNERSHIPS; SECTION 2.581 PURPOSE AND SCOPE; SECTION 2.582 DEFINITIONS; SECTION 2.583 CONCEPTUAL PROPOSAL; SECTION 2.584 UNSOLICITED DETAILED PROPOSALS; SECTION 2.585 SOLICITED DETAILED PROPOSALS; SECTION 2.586 COMPETITIVE REVIEW AND NEGOTIATION OF DETAILED PROPOSALS; SECTION 2.587 PUBLIC RECORDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 3 of Article VI, Chapter 2 establishes fair and equitable methods of administering purchases of commodities, services, and construction to maximize the purchasing value of public funds; and WHEREAS, in 2013, the Florida Legislature enacted Chapter 2013-223, Laws of Florida, section 2 of which governs public-private partnerships (the "P3 Statute"); and WHEREAS, in 2016, the Florida Legislature enacted Chapters 2016-153 and 2016-154, Laws of Florida, amending the P3 statute; and WHEREAS, public-private partnerships ("P3"), while not defined in the P3 Statute, are commonly recognized as contractual agreements between a public body and the private sector that allow for greater private sector participation in the delivery of public projects; and WHEREAS, there is a public need for timely and cost-effective delivery of projects serving a public purpose, and this need may not be wholly satisfied by existing methods of procurement; and WHEREAS, P3’s have demonstrated that they can meet the needs of the public by improving the schedule for project delivery, lowering project costs, and providing other benefits to the public; and WHEREAS, the City of Clearwater wishes to encourage investment in the City by private entities, to facilitate funding sources for the development of public projects, and to provide for the greatest possible flexibility in contracting for public projects under the P3 Statute; and 2 WHEREAS, the City of Clearwater is a "responsible public entity" as defined in the P3 Statute, authorized to follow the processes described in the P3 Statute to establish a P3 for a “qualifying project” as defined in the P3 Statute; and WHEREAS, the P3 Statute recognizes the authority of local governments to create procurement processes for qualifying projects, and does not limit a local government’s existing authority to enter into agreements with the private sector, including authority from existing home rule powers; and WHEREAS, the procedures for a P3 project will not apply when the City of Clearwater procures stand-alone professional services, as defined in section 287.055, Florida Statutes, or when it procures professional services in the context of a design-build project, both of which will continue to be procured pursuant to section 287.055, Florida Statutes; and WHEREAS, to promote the efficient and effective use of the P3 method of project delivery, the City Council finds it necessary to adopt uniform procedures to be used by both the City and private entities for the procurement of such projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA IN SESSION AND DULY ASSEMBLED THAT: Section 1. The above-mentioned recitals are true and accurate and included herein by reference. Section 2. Division 3 of Article VI, Chapter 2, Code of Ordinances, is hereby enacted to read as follows: DIVISION 3. PURCHASING ***** Sec. 2.561. Methods of source selection. (1) Methods of source selection. Unless otherwise authorized by law, all city contracts shall be procured by one of the following methods: (a) Competitive sealed bidding. (b) Competitive sealed proposals. (c) Request for qualifications. (d) Small purchases. (e) Professional services subject to CCNA. (f) Construction management at risk and design-build contracts. (g) Invitation to negotiate. (h) Job order contracting. 3 (i) Reverse auctions. (j) Exceptions pursuant to section 2.563. (k) Public-private partnerships (P3). ***** Subdivision V. Public-Private Partnerships (P3) Sec. 2.581. Purpose and scope. (1) This subdivision creates a uniform process for private entities and the city to engage in a public-private partnership (P3) consistent with Chapter 2013-223, Laws of Florida, section 2, as amended by Chapters 2016-153 and 2016-154, Laws of Florida. (2) When considering a public project, the city may elect to (1) follow this P3 process if consistent with Chapter 2013-223, Laws of Florida, as amended by Chapters 2016-153 and 2016-154, Laws of Florida, (2) follow any other legally available project delivery process, or (3) not pursue the project. (3) The procurement of P3 agreements by the city shall follow the provisions of this subdivision. Requirements of other sections or articles of this code shall not apply to procurements under this subdivision unless such requirement is expressly included or incorporated by reference in the procurement documents. The city shall ensure that generally accepted business practices for exemptions provided by this subdivision are part of the procurement process or are included in the P3 comprehensive agreement. (4) The city may develop and maintain a separate P3 policy containing more detailed procedures and requirements for entering into P3 agreements, consistent with this subdivision. (5) When the city procures stand-alone professional services, as defined in the Consultants’ Competitive Negotiation Act, codified at section 287.055, Florida Statutes, or when it procures professional services in the context of a design-build project, the city will not follow the P3 process, but will instead continue to comply with section 287.055, Florida Statutes. Sec. 2.582. Definitions. Terms not defined in this subdivision shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this subdivision, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: 4 Conceptual proposal means an unsolicited proposal that includes conceptual information sufficient for the city to determine whether the proposed ideas are attractive enough to justify investment of city resources to undertake a process that may lead to formation of a contract to implement the ideas. Detailed proposal means a proposal (solicited or unsolicited) that contains detail beyond a conceptual level sufficient for the city to compare the proposal competitively to others. P3 means a public-private partnership, which is an agreement between the city and a private entity that allows for greater private sector participation in the delivery of a city qualifying project. P3 Statute means Chapter 2013-223, Laws of Florida, section 2, as amended by Chapters 2016-153 and 2016-154, Laws of Florida, as codified in section 255.065, Florida Statutes, and as may be further amended from time to time. Private entity means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. Proposal review fee means the fee paid by the private entity submitting an unsolicited proposal or by the private entity submitting a detailed proposal that competes with an unsolicited proposal. Qualifying project means a facility or project that serves a public purpose, or a facility or infrastructure that is used or will be used by the public or in support of a public purpose or activity, as defined in the P3 Statute. Unsolicited proposal means a conceptual proposal or a detailed proposal that a private entity submits to the city on its own initiative, and not in response to a solicitation. Sec. 2.583. Conceptual proposal. (1) A private entity may submit a conceptual proposal to the city, to gauge the city’s potential interest in pursuing the proposed project as a P3. A conceptual proposal is not required. A private entity may forego submitting a conceptual proposal and submit an unsolicited detailed proposal. (2) A private entity must tender a proposal review fee of $5,000 with its conceptual proposal. The city will not review a conceptual proposal that is not accompanied 5 by the payment of this fee. Payment must be made by cash, cashier’s check, or other noncancelable instrument. Personal or business checks will not be accepted. (3) A conceptual proposal must contain information sufficient to inform the city about (1) the overall character of the proposed qualifying project, (2) the general experience of the private entity, and (3) the general strategies to ensure successful project delivery. (4) Within ten (10) business days after receipt of the conceptual proposal, the city will either (1) summarily reject the conceptual proposal and return the proposal review fee or (2) accept the conceptual proposal for substantive review and notify the private entity of the anticipated time required for the city to complete the review of the conceptual proposal. (5) If the city decides to accept the conceptual proposal for substantive review, the city will preliminarily assess whether: (1) the proposed project is a qualifying project; (2) the proposed project delivery model offers advantages over traditional models, for example, lower cost, shorter schedule, increased investment, etc.; and (3) the proposed project is reasonably likely to satisfy the criteria established by the P3 Statute. (6) Upon completion of review of the conceptual proposal, the city will notify the private entity in writing of the city’s position regarding the proposed project. The city may: (a) Decide not to pursue the proposed project; (b) Decide to pursue the proposed project, or a similar project, using other procurement methods (in which, if open to private companies, the private entity may compete if otherwise qualified); or (c) Decide to continue considering the proposed project under the P3 Statute and request the private entity to submit a detailed proposal (which request shall not constitute a formal solicitation). (7) The city’s disposition of a conceptual proposal does not limit its discretion or authority with respect to future projects, whether solicited or unsolicited. Sec. 2.584. Unsolicited detailed proposals. (1) A private entity may submit an unsolicited detailed proposal to the city, to initiate the city’s consideration of whether to deem the proposed project as a qualifying project and whether to pursue it further under the P3 Statute. The city is not obligated to pursue a project under the P3 Statute, even if the project satisfies the statutory definition of a qualifying project. 6 (2) A private entity must tender a proposal review fee of $25,000 with its detailed proposal, unless the private entity has already paid a fee for review of a substantially similar conceptual proposal, in which case the proposal review fee is $20,000. The city will not review a detailed proposal that is not accompanied by the payment of this fee. The proposal review fee is refundable if the city does not evaluate the detail proposal. Payment must be made by cash, cashier’s check, or other noncancelable instrument. Personal or business checks will not be accepted. (3) If the initial proposal review fee is insufficient to cover the city’s costs to evaluate the proposal, the city will request, in writing, the additional amounts required. If the private entity does not tender the additional requested amount with thirty (30) days of the written request, the city may, in its sole discretion, stop its review of the proposal. (4) A detailed proposal must contain information sufficient to inform the city about: the detailed quality and character of the proposed qualifying project; the detailed experience and capacity of the private entity; and the detailed financial and implementation strategies to ensure successful project delivery. This information should include the following: (a) A description of the private entity, including name, address, type of organization, and legal structure. (b) Name and complete contact information of the primary point of contact for the detailed proposal. (c) Names and experience of proposed key project personnel. (d) Type of support needed, if any, from the city, for example, facilities, equipment, materials, personnel, financial resources, etc. (e) Identification of any proprietary data used and the manner in which it is used. (f) Identification of any outside entities or professionals the private entity has or intends to consult with respect to the project. (g) The names of any other federal, state, or local agencies receiving the same proposal. (h) A complete discussion of the objective of the project, the method of approach, the nature of the anticipated results, and the characteristics that make it a qualifying project worthy of pursuit by the city. (i) A detailed overview of the proposed business arrangements, including the plan for the development, financing, and operation of the project. (j) A preliminary project schedule. (k) A detailed financial analysis of the proposed project. (l) Specification as to when the pricing or terms of the proposal will expire. 7 (5) Within ninety (90) business days after receipt of the detailed proposal, the city will notify the private entity in writing of the city’s decision either to reject the detailed proposal or to accept the detailed proposal for competitive review. During this period, the city may meet with the private entity to gain a deeper understanding of the detailed proposal, and the city may request that the private entity submit additional information. These meetings will be preliminary in nature and will not include or constitute substantive negotiation of agreement terms. In considering whether to accept the detailed proposal for competitive review, the city will assess whether: (1) the proposed project is a qualifying project; (2) the proposed project delivery model offers advantages over traditional models, for example, lower cost, shorter schedule, increased investment, etc.; (3) the proposed project is reasonably likely to satisfy the criteria established by the P3 Statute. The city may determine that it requires more than 90 days to complete its review of the detailed proposal and this assessment, in which case it will notify the private entity in writing of how much time will be required. (6) An unsolicited proposal may be rejected by the city at any time. The city has complete discretion and authority to reject any unsolicited proposal it receives. (7) If the city decides to accept an unsolicited proposal for competitive review, the city will advertise the potential opportunity and accept competing detailed proposals. (a) The advertisement will include: a general description of the qualifying project; an invitation to submit a competing detailed proposal for the qualifying project, which may propose the identical project, a functionally equivalent project, or an alternative project that achieves the same purpose or uses the same city resources as the proposed project; information about how to obtain more detailed information; and a due date for responding, which ordinarily will be 45 days after initial publication, but which may be up to 120 days as the circumstances warrant. (b) The city will advertise the potential opportunity in the Florida Administrative Register at least once a week for three consecutive weeks; in a newspaper of general circulation within the city at least once a week for three weeks prior to the due date for competing proposals; and on the city’s website in the same manner as competitive solicitations. (8) If an unsolicited proposal involved architecture, engineering or landscape architecture, the city will engage licensed professionals for review and evaluation of the initial and any subsequent proposals, in accordance with section 255.065(3)(a)5., Florida Statutes. 8 Sec. 2.585. Solicited detailed proposals. (1) The city may on its own initiative determine to issue a solicitation inviting private entities to submit detailed proposals for any opportunity that the city has identified as a qualifying project. (2) Any solicitation that the city issues under the authority of the P3 Statute will identify the P3 Statute and the city’s related code sections as the governing procurement process. The solicitation documents will specify information necessary for interested parties to understand and respond to the solicitation. (3) If a solicitation under the P3 Statute includes design work, the solicitation will include a design criteria package prepared by a licensed architect, landscape architect, or engineer engaged by the city in accordance with section 255.065(3)(c), Florida Statutes. (4) The city is not obligated to proceed under the P3 Statute when soliciting proposals, and may follow any legally available procurement process, regardless of whether the project qualifies as a qualifying project and regardless of whether the ultimate transaction may be characterized as a P3. Sec. 2.586. Competitive review and negotiation of detailed proposals. (1) Whether received in response to a solicitation under the P3 Statute or in response to an advertisement concerning an unsolicited proposal, within ten days after the receipt of all competing detailed proposals the city will designate a negotiation team to conduct negotiations concerning the qualifying project. The negotiation team will consist of at least three persons, including at least one city employee, who collectively have knowledge and experience in contract negotiations, the subject matter related to the qualifying project, public procurement, and project management. No person with a financial interest in the outcome of the negotiation team’s efforts or in the qualifying project may participate on the negotiation team. (2) The negotiation team’s meetings are temporarily exempt from the Sunshine Law as provided in section 286.0113(2), Florida Statutes, and section 255.065(15), Florida Statutes. The city will record and preserve as required by law any exempt portion of a negotiation team meeting. (3) The negotiation team may rely on subject matter experts and staff for information gathering and administrative work, but the negotiation team alone will possess and exercise authority for all recommendations concerning the detailed proposals. 9 (4) The negotiation team will initially review the detailed proposals and determine whether to allow oral presentations for the purpose of gaining deeper understanding of the detailed proposals. The negotiation team is not required to allow oral presentations. Any oral presentations will be limited to reviewing and discussing information contained in the detailed proposals, and will not include or constitute substantive negotiations related to any detailed proposal or the qualifying project. (5) Within thirty days after its appointment, or after the final oral presentation, whichever is later, the negotiation team will rank the detailed proposals in order of preference. The negotiation team may meet as often as it deems necessary before ranking, in order to discuss details and strategies related to the detailed proposals and the qualifying project. The negotiation team will strive for consensus, but a majority of the team may establish the ranking. The negotiation team may use any reasonable method to rank the detailed proposals, and is not required to numerically score them. In ranking the detailed proposals, the negotiation team members will consider the private entity team members’ professional qualifications and experience, the proposed general business terms, innovative project delivery terms (including finance, design, construction, maintenance, and operation, as applicable to the particular circumstance), and any other factors indicated in the advertisement or solicitation. (6) Following its ranking of detailed proposals, the negotiation team will commence negotiations with the private entity responsible for the top-ranked proposal. The negotiation team will then conduct negotiations in accordance with the P3 Statute. (7) In its discretion, the negotiation team may recommend that the city and the private entity enter into an interim agreement as described in the P3 Statute. The negotiation team is not authorized to enter into or otherwise bind the city to an interim agreement. Any recommendation to enter into an interim agreement will be brought to the city council for consideration. Only the city council is authorized to approve an interim agreement. (8) The negotiation team may recommend that the city and the private entity enter into a comprehensive agreement as described in the P3 Statute. The negotiation team is not authorized to enter into or otherwise bind the city to a comprehensive agreement. Any recommendation to enter into a comprehensive agreement will be brought to the city council for consideration. Only the city council is authorized to approve a comprehensive agreement. 10 (9) In deciding whether to enter into a comprehensive agreement, the city council will consider and determine all reasonable factors, including but not limited to: (a) Whether the proposed project is a qualifying project. (b) Whether the qualifying project is in the public’s best interest. (c) Whether the qualifying project involves a facility that is owned by the city or for a facility for which ownership will be conveyed to the city. (d) Whether the comprehensive agreement has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on the public in the event of material default by the private entity or cancellation of the qualifying project by the city. (e) Whether the comprehensive agreement has adequate safeguards in place to ensure that the city or the private entity has the opportunity to add capacity to the qualifying project or other facilities serving similar predominantly public purposes. (f) Whether the qualifying project will be owned by the city upon completion or termination of the project and payment of amounts financed. (g) Whether there is a public need for or benefit derived from the qualifying project. (h) Whether the estimated cost of the qualifying project is reasonable in relation to similar facilities. (i) Whether the comprehensive agreement will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project. Sec. 2.587. Public records. (1) Information made or received by the city in connection with transaction of the city’s official business is subject to the Florida Public Records Law. Unsolicited proposals received by the city are temporarily exempt from the Public Records Law as provided in section 255.065(15), Florida Statutes. (2) If a private entity believes that any information it submits to the city is exempt from the Public Records Law under any additional statutory exemptions, the private entity must expressly identify the statutory basis of the claimed exemption and segregate the exempt information. Section 3: Each provision of this Ordinance shall be deemed separate and severable and if any section or part thereof is held to be invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected. 11 Section 4: This Ordinance shall take effect immediately upon its final passage and adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9668 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: City Center Development Group Update SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9645 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: City role in Paint Your Heart Out (amount of support expected from city departments) - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 308 Vine Avenue Clearwater, Florida 33755 March 23, 2008 C.S. "Chuck" Warrington, it Managing Director & Executive Officer Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33756 Dear Mr. Warrington — "Chuck", Thank you so much for your letter of March 5, regarding Paint Your Heart Out Clearwater. 1 appreciate so much what your group did for my home! I wonder if your group knew they were painting the home of "Mz Goose, the Modem Day Mother Goose?" That is probably why it was painted pink. Can you imagine any other color for such a character? The house looks lovely. I still keep your sign by the side of the house and think of you often! In acknowledgment, I wrote a poem and sent all the people on your list a copy. Would you see they each get a copy? Once again, THANK YOU. And by the way, "Chuck" was rny husband's name. He liked that instead of "Charles." He passed away almost a year ago, April 4, 2007, and I look at your painting our home as a gift in his honor. Love and happiness, Elyse Aronson - Van Breemen AKA Mz Goose cc: Poems for all the crew s THANK YOU TONY MAGGANAS You Painted Your Heart Out Not just for me You made part of Clearwater Beautiful to see Scrape and climb Brush and spray You Painted Your Heart Out All in one day Your group was special You all were a "Gas" Company of course You did it with class An extra gift Was a new water heater It made bathing and showering Oh so much neater I thank you and thank you You are a caring crew I wish you great happiness In all you do! Love and happiness, Mz Goose, the Modern Day Mother Goose® cDc-PI g" PEC.P.IVED 4P-: 1 8 211•SI.i' bt) W-4-'efi7tE, 6-id‘A) 4164141f.,-, 1411.:0-6 tA.4.144..k.-1 (11)Le-t. •-• 1. n' 4tIA',- U6,/ t1t4zA • c •-• 0.0 1 A. • • : . La/Dt/Cb 6 7 nnv,E Tifc Jia(1-v,#4j 744 G••7 y 6F ceCN.e .r p Tom- 1 .sP°,a(aasl 6bm p721i/6 -sU yoc) aaars- Att./Lk 75, PlAr e,y,dy wed c-,1400tviJ 4- 1L17 - 33 75-5--, le-6Pr T e(otr‘d kiP1-3 1( i! 9pezooLII-4&AAks -7DoJ a Ad aid. Lvke 2,44%f u•kc Vol toe re; q„,)(. 0-6,1) Thonrt you dor pjIni'in9 my and eveline did a 5't j m3 bone. loop ger Ver appreciate I(ltl ev yonc. a nl m9 celoCnC- leofoadee Aa( 1b 0 N11160 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9646 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: One-pager for Greenprint 2.0 - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9653 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: EV Charging Infrastructure Ordinance - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9641 Agenda Date: 8/30/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Library Card Sign-Up Month Proclamation - Jennifer Obermaier, Library Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/27/2021