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02/14/2022Monday, February 14, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda February 14, 2022Council Work Session Work Session Agenda 1. Call to Order 2. City Manager Approve a contract (purchase order) to Cenergistic, Inc. of Dallas, TX for the creation and implementation of a municipal energy savings program for an average monthly fee of $50,441 and an annual fee for a third-party software of $16,900 pursuant to RFP 15-20, Energy Savings Program, and authorize the appropriate officials to execute same. (consent) 2.1 3. Economic Development and Housing Authorize staff to initiate a foreclosure action against the mortgagor pursuant to a mortgage on property located at 408 Vine Street, Clearwater. (consent) 3.1 4. Engineering Approve the request from the owner of property addressed 2772 Westchester Drive N, Clearwater, to vacate a portion of the 5-feet wide platted Drainage and Utility Easement, located on lot 76, Westchester of Countryside, according to the map or plat thereof as recorded in Plat Book 70, Page 44, Public Records of Pinellas County, Florida, and pass Ordinance 9530-22 on first reading. 4.1 Approve Supplemental Work Order One to Atkins North America, of Tampa, FL, for Lower Spring Branch Stormwater Improvements (14-0048-EN), an increase of $140,250 for a new work order value of $449,294 per Request for Qualifications (RFQ) 18-18; and authorize the appropriate officials to execute same. (consent) 4.2 Approve a purchase order to Duke Energy for lighting within Imagine Clearwater (17-0031-EN) in the amount of $299,650.25 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 4.3 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities over a portion of the Seminole Boat Ramp at 302 Seminole Street and authorize the appropriate officials to execute same. (consent) 4.4 Page 2 City of Clearwater Printed on 2/11/2022 February 14, 2022Council Work Session Work Session Agenda Approve a proposal to Construction Manager at Risk Biltmore Construction Co., Inc of Belleair, Florida, in the amount of $105,485.43 for 400 and 500 blocks of the Cleveland Street closure to provide and install removable traffic control devices to protect the commercial seating areas while still providing access when necessary, pursuant to RFQ 40-20 Construction Manager at Risk Services for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 4.5 Request FDOT to limit safety concerns on Drew Street by lowering the speed limit on Drew Street from Saturn to Myrtle Avenues and adopt Resolution 22-07. 4.6 5. Fire Department Approve a proposal from Biltmore Construction Company, Inc., of Belleair, FL, at the Guaranteed Maximum Price (GMP) of $8,346,771 for the construction of the Fire Station 46 (18-0028-FD), pursuant to Request for Qualifications (RFQ) 18-20, and authorize the appropriate officials to execute same. (consent) 5.1 6. Planning Approve a Zoning Atlas Amendment from the Office (O) District to the Medium Density Residential (MDR) District for property located at 806 Turner Street and pass Ordinance 9515-22 on first reading. (REZ2021-11001) 6.1 7. Information Technology Amend the existing agreement with Granicus, LLC of Washington, DC for software subscription maintenance and professional services in an amount not-to-exceed $667,546.38 for a term effective February 22, 2022 through May 31, 2025, pursuant to Code of Ordinances 2.563(1)(d), non-competitive purchase ~ impractical, and authorize the appropriate officials to execute same. (consent) 7.1 8. Marine & Aviation Approve the Water Taxi Amendment to Second Renewal with Clearwater Ferry Services, Inc. and authorize the appropriate officials to execute same. (consent) 8.1 9. Parks and Recreation Page 3 City of Clearwater Printed on 2/11/2022 February 14, 2022Council Work Session Work Session Agenda Approve a purchase order to Sentry Event Services, Inc., of Tampa, FL for security services in an annual not-to-exceed amount of $200,000.00, which includes a 10% contingency, and three, one-year renewal options, pursuant to Request for Proposal (RFP) 06-22, Security Services and authorize the appropriate officials to execute same. (consent) 9.1 10. Solid Waste Approve a Purchase Order to Underground Refuse Systems of Kissimmee, FL for the purchase of 14 Underground Refuse Vaults and 14 containers for the Imagine Clearwater Project in a not to exceed amount of $203,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), non-competitive purchases, and authorize the appropriate officials to execute same. (consent) 10.1 11. Official Records and Legislative Services Appoint three members to the Community Development Board with terms to expire February 28, 2026. 11.1 12. Legal Amend Section 2.036, Clearwater Code of Ordinances, to add subsections relating to the duties of the city attorney and pass Ordinance 9553-22 on first reading. 12.1 Adopt Ordinance 9527-22 on second reading, vacating 12 feet of a platted drainage and utility easement located on Lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the public records of Pinellas County, Florida. 12.2 13. City Manager Verbal Reports Discuss new City Hall.13.1 14. City Attorney Verbal Reports 15. Council Discussion Item Discuss Advisory Boards - Councilmember Beckman15.1 Draft letter opposing CS/SB 1024 - Councilmember Beckman15.2 16. 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). Page 4 City of Clearwater Printed on 2/11/2022 February 14, 2022Council Work Session Work Session Agenda 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting February Service Awards19.1 Newspaper in Education Week Proclamation - Sue Bedry, Newspaper In Education Development Specialist at Tampa Bay Times 19.2 Page 5 City of Clearwater Printed on 2/11/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0113 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to Cenergistic, Inc. of Dallas, TX for the creation and implementation of a municipal energy savings program for an average monthly fee of $50,441 and an annual fee for a third-party software of $16,900 pursuant to RFP 15-20, Energy Savings Program, and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to reduce its greenhouse gas emissions and meet the goals laid out in Greenprint 2.0, the City has committed to increase energy efficiency within its facilities. RFP 15-20 was issued to receive proposals from companies that could achieve energy savings through data informed behavior-based changes to maximize building efficiency while maintaining fiscal responsibility . A staff committee reviewed proposals received from three interested companies and Cenergistic was ranked highest in its ability to meet the City’s requirements. Cenergistic has worked for over 34 years to help more than 1,450 organization across the nation reduce greenhouse gases and save money in electricity, natural gas, and water costs . The company achieves such reductions by applying advanced technology and behavior-based conservation programs within buildings, as well as embed full -time onsite Energy Specialists to ensure all equipment and operation are working at peak efficiency and optimization. Based on information provided by the City, Cenergistic projects to conserve roughly 25% of energy currently used in city facilities. The City shall pay Cenergistic a fee of $41,758.33 for each month during the first year, $46,100.00 for each month during the second year, $50,441.67 for each month during the third year, $54,783.33 for each month during the fourth year, and $59,125.00 for each month during the fifth year for a total of 60 consecutive months. The average monthly fee is $50,441.67. An annual purchase of $16,900.00 for a third-party software, EnergyCAP, is also required to objectively report any experienced savings in energy and energy costs. The contract includes a savings guarantee in which Cenergistic will reimburse the City for the difference if the City’s program costs exceed its total savings, calculated from the starting date to the end of any performance year during the term. Termination fees apply as described on pages 9-11 of the contract. APPROPRIATION CODE AND AMOUNT: Funds of $16,900 are available in cost code 0109211-530300, Contractual Services, to fund the Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0113 third-party software, EnergyCAP. A first quarter budget amendment will transfer an allocation of $300,000 of General Fund Reserves to capital project, C2106, Greenprint Implementation, to fund the first six months of the Cenergistic contract. Beginning in Fiscal Year 2022/23, future year expenditures will be requested as part of the Building and Maintenance operating budget in 5656531-530300, contractual services. USE OF RESERVE FUNDS: Funding for this agreement will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $300,000 to capital improvement project C2106, Greenprint Implementation. Inclusive of this item if approved, a net total of $3,816,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $49.9 million, or 30.3% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 2/11/2022 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Energy Conservation Proposal City of Clearwater Energy Savings Program RFP #: 15-20 Submission Deadline: March 10, 2020 Cenergistic 5950 Sherry Lane, Suite 900 Dallas, TX 75225 214.273.2800 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Table of Contents Letter of Transmittal ...................................................................................................... 1 Firm Experience and Project Personnel ........................................................................ 3 Areas of Expertise ............................................................................................................................. 5 Licenses & Certifications ................................................................................................................... 6 Key Personnel Overview ................................................................................................................... 6 Project Plan/Approach ................................................................................................ 12 Program and implementation plan ................................................................................................... 12 Program Approach .......................................................................................................................... 13 Measurement & Verification ............................................................................................................. 19 References .................................................................................................................. 22 Client News ..................................................................................................................................... 23 Reference Letters ............................................................................................................................ 26 Percentage of Savings ................................................................................................ 27 Exhibit A – Proposal Pricing Sheet .................................................................................................. 27 Projected Savings for the City of Clearwater.................................................................................... 28 Savings Guarantee .......................................................................................................................... 29 Examples of Previous Programs...................................................................................................... 30 Other Forms ................................................................................................................ 31 Exceptions/Additional Materials/Addenda Form ............................................................................... 32 Vendor Information Form ................................................................................................................. 34 Vendor Certification of Proposal Form ............................................................................................. 35 Scrutinized Companies Form .......................................................................................................... 36 W-9 ................................................................................................................................................. 37 Certificate of Insurance .................................................................................................................... 38 Additional Materials ..................................................................................................... 40 Cenergistic’s Energy Savings Contract ............................................................................................ 41 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Letter of Transmittal |1 Letter of Transmittal March 4, 2020 Ms. Lori Vogel City of Clearwater 100 S. Myrtle Ave.; 3rd Fl. Clearwater, Florida 33756 RE: Cenergistic’s Response to RFP #15-20 for Energy Savings Program Dear Ms. Vogel: Cenergistic is pleased to provide the enclosed response to the City of Clearwater’s Energy Savings Program. We applaud the City’s recognition that systematic energy conservation and sustainability services can both reduce energy resource consumption and save money. Cenergistic has more than three decades of success partnering with organizations like the City of Clearwater to achieve an average of 26% savings in utility costs. Our comprehensive energy management and conservation program helps our clients retain critical funds in the budget without sacrificing comfort or committing to new equipment installations. Under the Cenergistic program, savings materialize within weeks or months, not years, providing funds that help preserve critical programs and staff positions. Our award-winning, results-oriented approach is driven by Cenergistic’s in-house engineering, energy, building system and lean operating expertise, coupled with advanced technology and data tools. With over 130 industry licenses, certifications, and advanced degrees and an average of eight years of industry experience per employee, Cenergistic provides one of most qualified teams in the industry. In addition, Cenergistic’s program includes on-site, full-time Energy Specialists — employed, trained, and mentored by Cenergistic for the term of the energy savings contract. With the Cenergistic program, the City of Clearwater can expect: • $4 Million in projected net energy savings by utilizing our proprietary and award-winning process • Embedded, full-time Cenergistic-employed Energy Specialist • Regular onsite visits from engineers and conservation specialists • Incorporation of energy conservation activities into all city facilities, regardless of building age, retrofit, control system or solar • Access to real-time data about your energy savings from the GreenX™ technology suite Cenergistic welcomes any questions regarding this proposal, as well as the opportunity to discuss our proposal, comprehensive program, and methodology in more detail. We sincerely appreciate this opportunity and look forward to partnering with the City of Clearwater to conserve both energy and critical budget funds. Sincerely, John Bernard, President – Area Sales Letter of Transmittal |2 Energy Savings Program \ #15-20 March 10, 2020 Letter of Transmittal |2 Legal Name: Cenergistic LLC Company Legal Structure: Limited Liability Company Federal Tax ID: 75-2195821 Years in Business 34 # Employees: 250+ Markets: K-12 school districts, higher education institutions, municipality and county governments, health care, large churches Primary Contact for the Proposal: Deb Van Winkle Business Operations Analyst 5950 Sherry Lane, Suite 900 Dallas, TX 75225 214.273.2800 / dvanwinkle@cenergistic.com Firm Experience and Project Personnel |3 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |3 Firm Experience and Project Personnel For over 34 years, Cenergistic has helped 1,450+ organizations across the nation save $5.6 billion in electricity, natural gas and water costs. We do this by applying advanced technology and behavior-based conservation programs on their sites and within their buildings, as well as embed full-time, onsite Energy Specialists to ensure all equipment and operations are working at peak efficiency and optimization around the clock. CEO, CFOs, and COOs can reduce energy and water spending by an average of more than 26% annually with zero capital investment, while improving the comfort and quality of the work environment, helping employees achieve their full learning potential. For 11 consecutive years, Cenergistic has been recognized by the Environmental Protection Agency (EPA) with ENERGY STAR® Partner of the Year, or Partner of the Year – Sustained Excellence. The Cenergistic Story Cenergistic is the product of a school board member’s resolve to direct more money to the classroom by reducing operational costs. As a school board member in Wichita Falls, Texas in the early 1980s, Dr. William S. Spears designed a behavioral utility savings program to mitigate the expected electricity increase from adding air conditioning to 22 of the district’s 33 schools. The program was so successful that the schools’ electricity costs decreased, even with the new HVAC, the year following the installation. With the support of the school board, the program continued, and in 1986, both the school and Dr. Spears were presented with an Energy Innovation Award by the U.S. Department of Energy (DOE) and the State of Texas for energy conservation success accomplished through organizational and behavioral change. Industry Recognition & Awards Cenergistic is the nation’s most active Service and Product Provider for Certification and Leader recognition. The Department of Energy named Cenergistic the #1 "Service & Product Provider" for ENERGY STAR Certifications, with clients earning more than 12,000 awards and recognitions. For 11 straight years, Cenergistic has earned national recognition from the United States Environmental Protection Agency, including the ENERGY STAR Partner of the Year – Sustained Excellence Award in 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 and Partner of the Year in 2009 and 2010. Cenergistic’s program aligns closely with the ENERGY STAR’ goal to help clients conserve energy while ensuring a safe, comfortable environment. Accordingly, Cenergistic clients are among the most energy-efficient organizations in the nation: • 1,671 Cenergistic client buildings received ENERGY STAR Certification in 2017 alone. • 58% of all K-12 ENERGY STAR Leader recognitions were for Cenergistic clients. • 65% of all K-12 ENERGY STAR Top Performers are Cenergistic clients. • More than 650 Cenergistic clients are ENERGY STAR Partners, representing higher education, school districts, congregations, and healthcare organizations. Firm Experience and Project Personnel |4 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |4 Numerous Cenergistic clients have received significant ENERGY STAR recognition, including the following: • The City of Montgomery, Alabama received 11 ENERGY STAR certifications since 2017 • Pinellas County Schools in Largo, Florida received the 2019 ENERGY STAR Partner of the Year Award. • Loudoun County Public Schools in Ashburn, Virginia, received the 2018 ENERGY STAR Partner of the Year - Sustained Excellence Award, following 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019 Sustained Excellence Awards as well as 2010 and 2011 ENERGY STAR Partner of the Year Awards. • Decatur County Community Schools in Indiana became the nation’s first and only ENERGY STAR 70 Percent Leader in recognition of the district’s extraordinary achievement of reducing energy consumption district-wide by more than 70%. The district is the only organization to earn ENERGY STAR 60 Percent Leader recognition. • Mansfield Independent School District in Mansfield, Texas, received 2016, 2017, 2018 and 2019 ENERGY STAR Partner of the Year – Sustained Excellence Awards, and the 2015 and 2014 Partner of the Year Award. • Fairfax County Public Schools in Falls Church, Virginia, received the 2017, 2018 and 2019 ENERGY STAR Partner of the Year Award. Firm Experience and Project Personnel |5 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |5 Areas of Expertise Unlike other providers, Cenergistic does not rely on subcontractors to execute and manage our energy savings program. Instead, we use our internal team of highly educated and experienced energy conservation experts. Collectively, Cenergistic’s engineers and experts hold over 130 advanced degrees, licenses, and industry certifications. The Cenergistic staff has more than 1,450 total years in energy conservation, more than any energy conservation consulting firm. Our engineers endeavor to inspect and ensure that every piece of equipment, and every system, is optimized for effectiveness and efficiency. We work directly with the Energy Specialist and other members of City staff to ensure all stakeholders are committed to the energy conservation program. Key Energy Conservation Areas of Expertise Behavior Modification Boiler and Steam Systems Building Commissioning Building Envelope Cogeneration Data and Utility Rate Structure Analysis Electrical Systems EMS, Building Automation and Control Systems Energy Audits and Instrumentation Energy Management Green Buildings, LEED and ENERGY STAR HVAC Systems Indoor Air Quality Interval Data Analysis Lighting Maintenance Management Codes and Standards, ASHRAE requirements Mechanical Engineering Moisture and Humidity Management Pneumatic Systems Smart Grid Thermal Energy Storage Systems Turf and Irrigation Demand Management Ancillary Capacities Accounting Biology Business Communications Computing System Design Construction Management Education Human Resources Information Systems Management Nonprofit Management and Leadership Organizational Management Public Relations Public School Administration School District Finance Cenergistic’s employees average at least eight (8) years of experience in the energy conservation industry. Firm Experience and Project Personnel |6 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |6 Licenses & Certifications Cenergistic maintains an in-house team of industry experts with the education, licenses, and certifications critical to understanding and generating energy conservation savings. Energy Engineering Professional Engineers Building Energy Simulation Analyst (BESA) Certified Building Commissioning Professional (CBCP) Certified Demand Side Manager (CDSM) Certified Energy Manager (CEM) Certified Indoor Air Quality Professional (CIAQP) Certified Measurement and Verification Professional (CMVP) Certified Sustainable Development Professional (CSDP) Certified Water Efficiency Professional (CWEP) Certified Landscape/Irrigation Professional (CLEP) Mechanical Industrial Civil/Environmental LEED Accreditation LEED Accredited Professional (LEED AP) LEED Building Design & Construction (LEED BD+C) Quality Control Certified Quality Engineer Certified Quality Auditor Information Systems Building Systems Microsoft Certified Network Engineer (MCNE) Microsoft Certified Systems Engineer (MCSE) Microsoft Certified Systems Administrator (MCSA) Heating, Ventilation, Air Conditioning (HVAC) Boiler Operator Key Personnel Overview Led by the Client Manager, Cenergistic’s team of in-house engineering and energy management implements our proven behavioral energy conservation methodology. Cenergistic assigns in-house engineering and conservation experts to address client needs and maintain maximum savings. Scheduled by the Client Manager, these Consultants work on a consistent on-site rotation with the Energy Specialist for the City. In addition to this on-site expertise, Cenergistic’s Center of Excellence provides remote support and analysis by Engineers, Energy Management Services (EMS) specialists, and Measurement and Verification Professionals. The Center of Excellence can remotely review many energy management systems and provide remote diagnostics and assistance, as well as schedule regular remote sessions to ensure the program is achieving maximum savings. Finally, Cenergistic’s key personnel include human resources professionals to hire and manage the Energy Specialist as well as marketing personnel to coordinate public recognition and/or awards for the the City’s success during the contract term. Firm Experience and Project Personnel |7 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |7 Leadership & Management Team Dr. William S. Spears — Chairman - Founder, CEO Founded Cenergistic: 1986 Education: Doctorate of Business Administration, Wayne Huizenga Graduate School of Business and Entrepreneurship at Nova Southeastern University; MBA from Wharton School at the University of Pennsylvania and a Bachelor’s of Science Degree from Oklahoma State University Industry Experience: 37 years of experience in public school energy management Past Roles: Dr. Spears served the Wichita Falls Independent School District as Trustee, Board Secretary, Board Vice President and Chairman of the Facilities Committee for six years. Organizations: Dr. Spears has served on the boards of numerous civic organizations and financial institutions, including: • American Cancer Society, Board Member, Co-Chairman of Cattle Baron’s Ball Fund Raiser • Christian Businessmen’s Committee of Wichita Falls, Inc., Founder, Chairman of the Board • City National Bank, Director (1969 – 1988), Chairman of Directors’ Loan Committee • City of Wichita Falls Planning and Zoning Commission, Board Member • Ford’s Theatre, Washington, D.C., Founding Member, National Advisory Board • Insight for Living, Chuck Swindoll Ministries, Board Member, Executive Committee Member • Interfaith Ministries, Board Member, Chairman of Finance Committee • Lincoln Forum, Gettysburg, PA, Board Member • North Texas Council Boy Scouts of America, Board Member • North Texas Easter Seal Rehabilitation Center, President • Oklahoma State University, Benefactor, William S. Spears School of Business • Red River Civil War Roundtable, Founder and President • University of Texas Medical School, Board Member • Times Publishing Company Charities, Founder and President • Wichita Falls Board of Commerce and Industry, Board Member • Wichita Falls Museum and Art Center, Board Member • Wichita Falls Symphony, Board Member • Young Life, Founder and Board Member, Wichita Falls Chapter Firm Experience and Project Personnel |8 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |8 Dr. Randy Hoff, PE, CEM, CMVP — Vice Chair Education: Doctor of Engineering, Engineering Management, Southern Methodist University; MBA, Marquette University; Bachelor’s Degree, Industrial Engineering, Texas A&M Licenses/Certifications: Registered Professional Engineer (Texas); Certified Energy Manager; Certified Measurement and Verification Professional; Certificate in Sustainability from the Environmental & Civil Engineering Department at Southern Methodist University Industry Experience: 15 years of experience in operational energy conservation; experience in corporate auditing and supply-chain logistics. Past Roles: Dr. Hoff joined Cenergistic after broad and varied experience with General Electric Corporation, during which he earned his Six Sigma Certified Master Black Belt through GE’s renowned continuous improvement process. He is a member of the Advisory Council for the Industrial & Systems Engineering Department at Texas A&M University. Dr. Hoff was awarded the 2017 Distinguished Alumni Award by the Department of Industrial and Systems Engineering at Texas A&M University for his significant contributions in promoting the profession of industrial engineering. Aditya Srivastava — Chief Technology Officer Education: Master’s Degree, Computer Science, University of Kentucky; BTech, Electrical Engineering, Indian Institute of Technology, Kanpur, India Industry Experience: More than 32 years of experience in Software Development, Artificial Intelligence, Compilers, and Supply Chain Optimization Past Roles: Mr. Srivastava has served as Chief Technology Officer for companies such as Allegro Development, JDA Software Group and i2 Technologies, Inc. The latter two were publicly traded companies with more than $1B in revenue and a strong customer base comprising the Fortune 500 companies. As Chief Technology Officer of publicly traded companies, Mr. Srivastava owned product vision and strategy, managed software engineering, product management, QA and Release management organizations. He has built software organizations from the ground up, and managed large organizations spread across multiple continents He serves on the Industry Advisory Board for Southern Methodist University, Department of Computer Science and Engineering; and University of Texas, Dallas, Department of Computer Science. Mr. Srivastava holds five United States patents Firm Experience and Project Personnel |9 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |9 Michael Gaal — President, Executive Sales Joined Cenergistic: August 2018 Education: Master of Science, National Security Policy Studies, National War College, Space Operations, University of Colorado; Engineering Mechanics, United States Air Force Academy; The Broad Superintendents Academy Past Roles: Mr. Gaal was Deputy Chancellor, Innovations and Systems Improvement for District of Columbia Public Schools, Oakland Unified School District; Chief of Staff at Oakland Unified School District, California; and Network Leader (K8) for Education Achievement Authority of Michigan. Before his career in education, Michael served in the U.S. Air Force, in such roles as Deputy Director of Policy, International Affairs; Vice Commander and Senior Advisor, 321 Air Expeditionary Wing and Office of Security Cooperation, Baghdad, Iraq; Chief of Staff and Military Assistant, Military Policy, Office of the Under Secretary of Defense for Policy; Commander, 92nd Operational Support Squadron, Fairchild AFB, Washington; Chief of Safety and Operations Officer, Dover AFB. John E. Bernard, CPA — President – Area Sales Education: MBA, magna cum laude, Oklahoma City University; Bachelor’s Degree, Accounting, summa cum laude; University of Central Oklahoma; Bachelor of Music Degree, cum laude, Oklahoma Baptist University Licenses/Certifications: Certified Public Accountant (CPA) Industry Experience: 25 years of operational energy conservation experience Past Roles: Mr. Bernard has been a CPA since 1986; member of the Oklahoma Society of Certified Public Accountants. Eight years of experience with Kerr-McGee Corporation in a variety of financial and accounting capacities, including development and administration of budgeting and income projections for the Exploration and Production Division. Work with Ernst & Young and Southwestern Bell Telephone Firm Experience and Project Personnel |10 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |10 Jack Bullock, PE, CEM, BESA — Chief Engineer Joined Cenergistic: July 2008 Education: Bachelor’s Degree, Mechanical Engineering, Kennedy Western University; AS, Electrical Engineering, Hutchinson College Licenses/Certifications: Professional Engineer, Microsoft Certified Network Engineer, Certified Energy Manager, Certified Building Energy Simulation Analyst Industry Experience: 35 years of experience with energy management systems Past Roles: Mr. Bullock joined Cenergistic when he left Honeywell as an Area Solutions Development Leader. At Honeywell, he was awarded a Honeywell Corporate Lifetime Achievement Award for technical excellence for his work in developing complex technical solutions to meet a unique client need. Mr. Bullock has two United States Patents. The first patent is for the calculations and processes needed to simulate or predict a buildings energy consumption. The second patent is for analytics that examine smart meter interval data for missed energy conservation opportunities. Both patents are the foundation for the tools that Cenergistic uses to optimize our clients. Mr. Bullock is also leading the development of Cenergistic’s Visual Inventory Tool. This tool uses EMS data and engineering expertise to find savings that are missed by most clients. Past Roles: More than 25 years of broad and varied experience in the transportation and newspaper industries, distinguishing himself as a strong leader by integrating varied functions to support the core business. He served as Nationwide Business Manager for a large moving firm, managing nationwide forwarding and brokerage operations for commercial and Department of Defense markets. He worked his way up in the newspaper business from a young paper route carrier to Director of Operations for a regional newspaper, handling a wide array of responsibilities for newspaper operations Eileen Byrd, CPA, CEM, CMVP, CIA, CIAQP, CQE — Senior Vice President, Quality Assurance Joined Cenergistic: August 2010 Education: Master’s Degree, Accountancy, Wayne Huizenga School of Business, Nova Southeastern University; Bachelor’s Degree, Business Management, University of South Carolina-Aiken Licenses/Certifications: Certified Public Accountant, Certified Energy Manager, Certified Internal Auditor, Certified Quality Engineer, Certified Quality Auditor, Certified Quality Technician, Certified Indoor Air Quality Professional and Certified Measurement and Verification Professional Industry Experience: Seven years of experience in operational energy conservation. Leads Cenergistic’s Data Quality division Past Roles: Ms. Byrd’s professional experience includes leading the internal auditing team for Alcon Laboratories Firm Experience and Project Personnel |11 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |11 Christina Ezzell, CMVP — Senior Vice President, Program Implementation Joined Cenergistic: November 2009 Education: Completing Accreditation for Management Information Systems, Bachelor’s Degree, Liberty University; Pursuing Master’s Degree, Business Management, Liberty University Licenses/Certifications: Certified Measurement and Verification Professional Industry Experience: Eight years of experience in operational energy conservation. Leads the Active Implementation division Past Roles: Ms. Ezzell has more than 10 years of commercial property experience handling property acquisition, zoning issues, renovation and construction for a number of properties James Newkirk, CEM, CMVP — Senior Vice President, Client Operations Joined Cenergistic: October 2012 Education: Master’s Degree, National-Louis University, Chicago; Bachelor’s Degree, English, Shepherd University, West Virginia Licenses/Certifications: Certified Energy Manager, Certified Measurement and Verification Professional Industry Experience: 12 years of experience in operational energy conservation Past Roles: After a career in education, Energy Specialist for Marian County Schools, Ocala, Florida. In seven years, saved more than $16 million. Earned $600 thousand in non- match energy grants for the district. Project Plan/Approach |12 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |12 Project Plan/Approach For 34 years, Cenergistic has partnered with clients like the City of Clearwater to reduce energy consumption through a highly effective behavioral energy conservation program. Achieving this goal requires a combination of practical experience in organizational behavior, technical expertise, the ability to effectively execute a complex program and the ability to teach an organization to own and sustain its tailored program for the long haul. Using Cenergistic’s technology, data, methodology and expertise, these clients have achieved energy savings averaging 26% and often significantly more. Program and implementation plan Project Plan/Approach |13 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |13 Program Approach Cenergistic’s behavior-based energy conservation approach is much more than simply turning off lights and computers. It’s about changing organizational behavior: how each person in the organization understands, uses and saves energy for years to come. Our energy conservation management approach provides our clients with more control over energy use with no upfront costs, no new equipment, and no equipment retrofits. Sustainability as a Service Energy Experts + Cloud-Based Machine Learning Technology.  Improved Operations, Behavior, Habits, Culture: Averaging a 20 – 30% reduced water, gas and electricity consumption  On-site Energy Specialists: Locally hired, full-time, trained and certified  Industry Standard Analytics: EnergyCAP®, Opti-Commissioning, Data Logging, Remote Verification  Proven Technology: Cenergistic GreenX™; Cenergistic Simulate™; Cenergistic Predict™; Cenergistic Executive™; Smart Meter interface  In-House Expertise: Client Managers; Engineers & Analytics, Center of Excellence and training programs  Award-Winning process: Nation’s top service and product provider for ENERGY STAR® Certification A. Implementation Plan Cenergistic’s Client Manager will be the primary contact for the City of Clearwater for the energy savings contract. Supported by Cenergistic’s internal team of energy conservation energy experts, the Client Manager will lead and coordinate all program implementation tasks, as well as respond to any concerns from the City. Project Plan/Approach |14 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |14 Program Kickoff Cenergistic will work closely with the City to complete the following actions within the first 30 – 60 days following the contract start date. • Select the On-Site Energy Specialist • Identify the Program Liaison • Define the Reporting Structure for the Contract Term • Gain city’s adoption of the Energy Policy & Guidelines • Launch the Implementation Period and the City’s savings Energy Specialist Selection (Months 1-3) Cenergistic focuses on selecting the Energy Specialist who will be trained in carrying out the work of conservation awareness and measurement and verification of results. Because the Energy Specialist is employed by Cenergistic, there is no budget impact. Primary focal points during the first three months include the following: • Provide posting materials and direction for securing applicants for the Energy Specialist position • Collaboratively interview candidates with City representatives and select the Energy Specialist • Identify program champion and define program reporting structure • Gain adoption of an Energy Policy & Guidelines from the City Early Implementation Period The goal of this period is to implement the energy program as quickly as possible within the organization to start saving money. It includes establishing strong leadership support, educating all groups within the City on the value of the program, the role of the Energy Specialist, how the program works, the importance of staff participation and adoption, and to begin changing habits in city facilities. Some focal points during this period include: • Make initial presentations to key stakeholder groups: administration, maintenance, custodial, and staff • Training on online energy accounting software, EnergyCAP® Professional • Gather billing information for the baseline period for city facilities • Enter each facility’s utility consumption, rates, and cost information into software by meter by month for baseline period • Enter adjustments to performance data to account for all non-program variances • Create operational/strategic plans and operating/use schedules for all facilities • Estimate building savings potential for all facilities • Begin audit of city facilities to ensure compliance to conservation plan and schedules • Utilize Cenergistic’s exclusive reporting and performance tracking tools • Review/finalize operational/strategic plans with facility building owners • Provide audit feedback to facility building owners on savings opportunities • Provide monthly savings reports to facility building owners • Provide early program updates to the City Project Plan/Approach |15 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |15 Technical Implementation During the Technical Implementation period, Cenergistic Energy Specialists, Engineers and other experts focus on utilizing data from all sources with our analytics to drive the implementation team’s actions. Interval smart meter data — along with data from your energy management systems and observations from the Cenergistic Energy Specialists — will be analyzed by Cenergistic Engineers to identify opportunities. Cenergistic consultants and energy specialists work together to turn identified opportunities into realized savings. Technical Consultants from Cenergistic focus on your complex buildings and will perform Engineering Evaluations prior to making changes. Cenergistic Building Implementation Project Plan/Approach |16 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |16 Program Expansion (Years 1-3) The goal during the Program Expansion period is to continue the assessment and recommendations for the facilities and for those constructed during the first year of program. Cenergistic automatically accepts all new facilities into the energy conservation program as part of the overall contract. Leadership support is established for every building during this phase, and ongoing facility audits are conducted around the clock and throughout the year. Regular online reports and dashboards are generated for every facility and utility type, allowing comparative data analysis and benchmarking. Reports are also produced for senior leadership and the council, ensuring accountability and program follow-through. The primary focal points during the Program Expansion period include: • Expand the focus of the Specialist to provide additional program and educational coverage for city facilities • Continue to create or refine operational/strategic plans and operating/use schedules for facilities • Monitor continuous auditing to ensure compliance to conservation plan and schedules • Review operational/strategic plans with all facility building owners • Provide audit feedback to all facility building owners on savings opportunities • Provide monthly savings reports and dashboards to all facility building owners • Provide quarterly reports on program performance to the City • Provide proactive media coverage tools as deemed appropriate • Utilize diagnostic tools to monitor operating conditions in response to program changes Program Refinement (Years 4-5) The goal during the Program Refinement period is to continue to expand the energy conservation effort to every facility, focusing on smaller changes and savings. The initial three years of the program focus on large changes and significant areas of cost, while the fourth and fifth years of the program dig more deeply into the habits and systems to capture any remaining savings. In addition, cities are constantly expanding and changing conditions in the environment. Cenergistic’s program accounts for those changes, ensuring the program adapts to new facilities and different use patterns over time. The primary focal points during the Program Refinement period include: • All educational, facility auditing, and program reporting services referenced in the Program Expansion phase • Ongoing feedback on the performance of the Energy Specialist • Ongoing training in more specialized areas of conservation and service • Pursuit of ENERGY STAR® and other national conservation awards and public relations opportunities • Revisions to operational/strategic plans and operating/use schedules for all city facilities, per changes to facility use patterns Project Plan/Approach |17 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |17 Long-Term Sustainment (Beyond Year 5) Cenergistic aspires for the City to continue implementing its conservation program and realizing significant savings on an ongoing basis. In support of that goal, during the final year of the program’s initial phase, Cenergistic and the client will meet to discuss the City of Clearwater’s energy needs going forward — building on the established program. Based on a collaborative needs assessment, Cenergistic may elect to provide a customized proposal for added services beyond Year 5. Those services may include, but are not limited to: • Continued provision of on-site Energy Specialist • Investment grade audit and engineering support for infrastructure upgrades • Engineering simulation work • Third-Party Measurement and Verification Services for performance contracts • Utility bill auditing and payment services Of course, proposal and pricing will reflect the projects and services the City chooses to implement. Pricing may be a fixed monthly retainer, a share of added savings, or some combination thereof. B. Communications & Reporting Throughout the program Cenergistic will provide implementation progress updates to the City. During contract years 1-5, the City will have access to online reports and dashboards through EnergyCAP® Professional. In addition, Cenergistic will provide the following standard reports: • Monthly savings reports and dashboards • Quarterly reports on program performance • Ongoing feedback on the performance of the Energy Specialist • Ongoing training in more specialized areas of conservation and service • Communications regarding the pursuit of ENERGY STAR® and other national conservation awards and public relations opportunities Project Plan/Approach |18 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |18 C. Proprietary Technology & Tools Cenergistic uses cutting-edge, proprietary tools to optimize systems and drive savings. The chart below includes a sample of our proprietary tools. Cenergistic Executive™ – Developed for leaders, it delivers real-time data anytime, anywhere, systemwide — down to the smallest building’s smallest meter. Cenergistic GreenX™ tracks all utility meter, interval meter and EMS data. Over time through machine learning, GreenX understands how your buildings should operate day-over-day, month-over-month and year-over-year — alerting your Energy Specialist to areas that may need attention. Cenergistic Simulate™ is Cenergistic’s proprietary advanced simulation tool allows you to build facilities-based energy models around any variety of scenarios quickly, efficiently and accurately so you can make more informed building decisions. Project Plan/Approach |19 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |19 Measurement & Verification Cenergistic’s clients track results using EnergyCAP® Professional Online, a utility accounting software program. All Cenergistic Energy Specialists are trained to support clients using EnergyCAP which provides energy accounting solutions in the following areas: • Sustainability & Compliance • Utility Bill Management • Reporting & Presentation • Savings & Analysis As part of the energy services contract with Cenergistic, the City of Clearwater will maintain an annual license with EnergyCAP for access and use of the software. The annual cost for the City is delineated in Cenergistic’s detailed savings projection. The City will independently track, validate and report results using EnergyCAP® Professional, a utility accounting software program. The program is published by EnergyCAP, Inc. and allows you to determine savings in accordance with documented standards for tracking and reporting energy use. All of our clients use EnergyCAP Professional Online, and all of our specialists are trained to support our clients on this specific tool. Project Plan/Approach |20 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |20 Savings Projection Cenergistic’s energy projection for the City of Clearwater is based on two major data sources: 1. Data specific to the City; and 2. Actual savings achieved for similar clients. To calculate predicted savings, Cenergistic collects both historical and budgeted utility expenditures by energy type, growth trends, anticipated changes in square footage, number and types of buildings, the extent to which buildings are controlled by EMS and the extent to which buildings are air-conditioned. For those organizations that have previously provided similar information, the longer-term trend in enrollment and square footage growth and the resulting impact on utility expenditures is also analyzed. Cenergistic then compares this data to industry and internal databases containing 34 years of statistical information on thousands of organizations. Our process looks for similarities between the facilities being analyzed and a subset of Cenergistic clients using key metrics that are significant predictors of future energy savings potential. Geography, typical weather patterns and regional energy pricing information are included in this comparison, as well. These metrics reflect the size and complexity of the organization and provide a meaningful basis for assessing the savings opportunity that exists. Actual savings results for similar clients are a significant driver in calculating projected savings. Cenergistic’s projected savings methodology generates a conservative estimate, as actual savings ultimately depend on the commitment and pace of each client’s implementation of our program. Actual savings typically exceed initial estimates. A. Actual Energy Savings Calculation Under Cenergistic’s shared savings contract, actual energy savings are determined by comparing measured use at the meter level before and after the start of program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions Please see the M&V plan included in Cenergistic’s standard contract in Section 7 for more details. Project Plan/Approach |21 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |21 No Risk Unlike other contract models, Cenergistic bears the savings risk. Cenergistic does not charge a program or other fees. Our fee is simply a percentage of savings, as calculated by EnergyCAP Professional Online, an energy accounting software. B. Program Adoption & Training Cenergistic provides full program adoption support and training for both the Energy Specialist and the City’s designated Program Liaison. C. On-Site Staff Management On-site Energy Specialists are Cenergistic employees, and report directly to Cenergistic’s Client Manager, who provides routine performance evaluations and feedback. D. Subcontractor Management & Performance Cenergistic does not use subcontractors for any services under our energy services contract. Instead, we rely on our highly educated, qualified, and experienced in-house team of engineers and professionals with a combined 1,400+ years of industry experience. E. Timeline Return on Investment (ROI) Because the City pays no upfront fees to Cenergistic, we bear the burden of investment risk. Cenergistic’s shared savings fee is based on actual savings, as calculated by EnergyCAP Professional Online, an energy accounting software. F. Additional Program Benefits Local Full-time Energy Specialists Our three decades of success is rooted in the execution of Cenergistic’s in-house expertise and patented technologies through an on-site, full-time Energy Specialist employed by Cenergistic. We work closely with each client to collaboratively identify, interview, and select a local candidate for this role. Beyond creating this local full-time job, Cenergistic provides comprehensive initial and ongoing training to ensure the Energy Specialist maintains the knowledge and skills required to achieve maximum savings. Program Success Recognition As part of Cenergistic’s energy savings contract, in Years 4-5 of the program, Cenergistic personnel will coordinate with the City to seek recognition for the savings achieved. Specifically, Cenergistic will pursue ENERGY STAR and other national conservation awards for the City of Clearwater as well as public relations opportunities. ENERGY STAR Recognition Since the start of the ENERGY STAR building certification program, Cenergistic clients have chosen this national recognition and validation of their energy conservation success. Cenergistic’s partnership with ENERGY STAR provides us with the opportunity to assist clients across the nation in receiving their own recognition for extraordinary work in people-oriented energy conservation. Cenergistic’s clients have earned more than 12,000 ENERGY STAR awards and recognitions. References |22 Energy Savings Program \ #15-20 March 10, 2020 References |22 References In the past three decades, Cenergistic has provided behavioral- based energy savings programs to over 1,450 clients in 48 states. Our in-house personnel include more than 50 conservation specialists that provide on-site and remote training, mentoring, and auditing. Please see the table below for list of some of Cenergistic behavioral energy conservation clients Each year, Cenergistic assists clients in managing more than $1 billion in utility expenses. Additional references available upon request. #Cenergistic Client Name Savings to Date Students Client Reference Name & Title Client Reference Contact Information Program Start Date 1 Pinellas County Schools $26,907,536 PO BOX 2942 20%103,774 11/1/2015 Largo, FL 33779-2942 2 St. Petersburg College $2,567,237 6021 142nd Avenue 16%20,841 1/1/2017 Largo, FL 3 Valencia College $7,510,602 P.O. Box 3028 26%23,816 11/1/2011 Orlando, FL 32802 4 City of Montgomery, Alabama $2,733,989 103 North Perry St.18%0 3/1/2016 Montgomery, AL 36104 Dr. Michael Grego, Superintendent 727.588.6000/gregom@pcsb.org Ms. Diana Wright, Director of Facilities Services 334.850.5987/wright.diana@spcollege.edu Dr. Sanford Shugart, President 407.582.3250/sshugart@valenciacollege.ed u Mr. Doug Jones, Director of Facilities 334.850.5986 References |23 Energy Savings Program \ #15-20 March 10, 2020 References |23 Client News References |24 Energy Savings Program \ #15-20 March 10, 2020 References |24 References |25 Energy Savings Program \ #15-20 March 10, 2020 References |25 Tommy Crosby, Alachua County Assistant Manager, Ph. 352.374.5262, tcrosby@alachuacounty.us References |26 Energy Savings Program \ #15-20 March 10, 2020 References |26 Reference Letters Percentage of Savings |27 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |27 Percentage of Savings Exhibit A – Proposal Pricing Sheet Percentage of Savings |28 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |28 Projected Savings for the City of Clearwater Cenergistic has completed a thorough review of the information provided in RFP #15-20 from the City of Clearwater. Based on this information, Cenergistic projects $4,055,000 net savings for the City of Clearwater over the term of the five-year contract using our 34-year-old award-winning, results-driven approach to maximize energy savings while improving occupant comfort with no impact on standard daily routines. Unlike standard energy management contracts where the provider bills a fixed monthly program fee based on projected savings, Cenergistic’s shared savings fee is based on actual savings as they are achieved. Specifically, Cenergistic bills each client monthly based on the actual savings for that month, not a fixed fee based on projected savings. Therefore, Cenergistic is incentivized to maximize savings for the City, not simply meet the minimum guaranteed savings projection. Description % of Total Savings Amount Projected 5-year GROSS Savings 100% $ 8,279,000 Cenergistic Projected Gross Fee 50% $ 4,139,000 Direct Program Costs (Borne by Cenergistic) Full-Time Embedded Energy Specialist 5% ($ 422,500) Onsite Engineering Specialists (665 visits) 9% ($ 710,885) Cenergistic Net Fee (BEFORE indirect/overhead costs) 36% $3,005,615 Percentage of Savings |29 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |29 Savings Guarantee Cenergistic’s approach provides savings with zero up-front capital investment or financing. With no equipment to purchase, install, or finance, Cenergistic clients achieve savings in months, not years. Based on our success with more than 1,450 clients across the nation, Cenergistic is confident that significant net savings result when the elements of our proven behavioral-focused energy management and conservation methodology are implemented by our clients. We extend this confidence to the City of Clearwater in the form of our industry-leading savings guarantee. Cenergistic’s savings guarantee eliminates investment risk for our clients. Specifically, the guarantee provides that if, over the course of each program year, the City’s total investment in our energy conservation program exceeds the amount saved, Cenergistic will write a check for the difference. This represents our commitment to maximize savings while maintaining or improving room comfort for the City. Percentage of Savings |30 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |30 Examples of Previous Programs Organization State Square Footage Savings $ Start Date Pinellas County Schools FL 17,609,589 $26,907,536 11/1/2015 St. Petersburg College FL 2,392,222 $2,567,237 1/1/2017 Valencia College FL 2,334,930 $7,510,602 11/1/2011 City of Montgomery, Alabama AL 1,745,870 $2,733,989 3/1/2016 University of Kentucky KY 14,743,506 $17,608,069 1/1/2017 Oklahoma State University OK 650,000 $58,954,828 1/1/2008 Mansfield Independent School District TX 6,392,731 $11,148,408 1/1/2013 San Bernardino City Unified School District CA 4,939,266 $34,938,444 11/1/2012 Loudoun County Public Schools VA 11,909,095 $90,470,645 6/1/1993 Washington and Lee University VA 1,865,130 $5,556,352 8/1/2011 Indianapolis Public Schools IN 8,371,894 $4,549,363 6/1/2018 St. Johns County School District FL 5,948,087 $54,317,394 1/1/2009 Other Forms |31 Energy Savings Program \ #15-20 March 10, 2020 Other Forms |31 Other Forms Other Forms |32 Energy Savings Program \ #15-20 March 10, 2020 Other Forms |32 Exceptions/Additional Materials/Addenda Form EXCEPTIONS/ ADDITIONAL MATERIAL/ ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note -Any material exceptions taken to the City's Terms and Conditions may render a Proposal non-responsive. No exceptions _x__ Exceptions taken ( describe--attach additional pages if needed) Please see attached Exceptions. Additional Materials submitted (mark one): ___ No additional materials have been included with this proposal _x __ Additional Materials attached (describe--attach additional pages if needed) Cenergistic's Energy Savings Contract, which has been developed and fine-tuned over three decades to address the unique issues associated with behavior-based energy programs (as opposed to performance or equipmentbased programs). This concise document includes key provisions designed to maximize savings for our clients while minimizing risk. Each contract is coupled with a straightforward Measurement & Verification (M&V) Plan that clearly delineates the methodology and reporting for energy savings. Cenergistic's contract is attached in Tab 7 of the response proposal. Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt 1 �� Vendor Name Cenergistic Date: __ 3_/4_/2_0_2 _0 __ Energy Savings Program 22 RFP #15-2 0 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 32 VENDOR INFORMATION Company Legal/Corporate Name: ___ C_e_n _e_rg_i _st_ic_,_L_L_C ______________ _ Doing Business As (if different than above): ___________________ _ Address: _ _,5"""'9"-"5'-"0'-S=-h...,_e,._,r....,rv�L=a...,_ne=,'"""S=u=i=te"-=-90=-0..__ ________________ _ City: Dallas State: --'T-'--X'--------Zip: 75225 - Phone: 217.273.2800 Fax: 214.273.2801 --------------- E-Mail Address: · dvanwinkle@cenergistic.com Website: ___ c_e_n_e_r..._g_is_ti_c _.c_o_m ___ _ DUNS# 61-921-4547 Remit to Address (if different than above): Address: ___________ _ City: _____ State: __ Zip: __ _ Contact for Questions about this proposal: Name: Debrah Van Winkle Phone: 214.273.2800 Day-to-Day Project Contact (if awarded): Name: Joey Hearn Phone: 972.975.0466 Certified Small Business Order from Address (if different from above): Address: ____________ _ City: ______ State: __ Zip: __ _ Fax: 214.273.2801 E-Mail Address: dvanwinkle@cenergistic.com Fax: 214.273.2801 E-Mail Address: jhearn@cenergistic.com Certifying Agency: ___________________________ _ __ Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: ___________________________ _ Energy Savings Program 23 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 34 VENDOR CERTIFICATION OF PROPOSAL By signing and submitting this Proposal, the Vendor 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)The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, orconsultant who has or may have had a role in the procurement process for the services and or goods/materialscovered by this contract.f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments 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 applicablelaw, subpoena, or other judicial process.g)Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors")will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulationsthat relate to their employees.h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes andRules if awarded by the City.j)It is current in all obligations due to the City.k)It will accept such terms and conditions in a resulting contract if awarded by the City .as adjusted by the terms of our responseI)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Title: ___ P_re_s_i_d_e ____________ _ Date: 3/6/2020 Energy Savings Program 24 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 35 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that BoycottIsrael List, or engaged in a boycott of Israel; and 2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in thissolicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in aboycott of Israel; and 3."Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or takingother actions to limit commercial relations with Israel, or persons or entities doing business in Israel orin Israeli-controlled territories, in a discriminatory manner. A statement by a company that it isparticipating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycottof Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered asevidence 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 daysafter any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engagedin a boycott of Israel. STATE OF _1X____._ _____ _ COUNTY �T 2 a corp My Commission Expires: _3J_�J_D➔/-Jtf ___ _ NOTARY SEAL ABOVE Energy Savings Program Au honzed Signature Debrah Van Winkle Printed Name Business Operations Analyst Title Cenergistic Name of Entity/Corporation Printed Name 25 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 36 2/11/2020 Stephens Insurance, LLC PO Box 3507 Little Rock AR 72203-3507 Felecia Prince (800)852-5053 (501)377-2470 felecia.prince@stephens.com Cenergistic, LLC 5950 Sherry Lane Suite 900 Dallas TX 75225 Hanover Insurance Company 22292 Allmerica Financial Benefit Insurance Co.41840 Massachusetts Bay Insurance Company 22306 Ace American Insurance Company 22667 Arch Insurance Company of America 11150 2020-2021 Master A X X X ZLT-D511655-02 1/1/2020 1/1/2021 1,000,000 100,000 10,000 1,000,000 2,000,000 Included B X X X AWT-D481175-02 1/1/2020 1/1/2021 1,000,000 Hired Car Physical Damage Comp & Collision 50,000 A X x 10,000 UHT-D511662-02 1/1/2020 1/1/2021 25,000,000 25,000,000 C N WHT-D497640-03 1/1/2020 1/1/2021 X 1,000,000 1,000,000 1,000,000 D PROF. LIABILITY-A/I W/CONTRACT G21674370013 1/1/2020 1/1/2021 LIMIT/AGG 5,000,000 E CRIME COVERAGE PCD9303037-02 1/1/2020 1/1/2021 LIMIT/AGG 1,000,000 Certificate Holder, Owner & Architect are Additional Insured's under the General Liability (on a Primary & Non-Contributory Basis), Auto Liability & Excess Liability Policies as required by written contract for both ongoing & completed operations. A Waiver of Subrogation in their favor applies to the General, Auto, Umbrella & Workers Compensation where allowed by law. To the extent required by written contract, applicable policies have been endorsed to provide 30 Days Notice of Cancellation to Certificate Holder. City of Clearwater 100 S Myrtle Ave., 3rd Fl Clearwater, FL 33756-5520 Ted Grace/PRFE The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Additional Materials |40 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |40 Additional Materials Additional Materials |41 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |41 Cenergistic’s Energy Savings Contract For more than 34 years, Cenergistic has been helping public institutions fund programs, salaries and even new buildings through substantial utility bill savings achieved through our proven behavioral energy conservation program. Our proven program doesn’t need new or retrofitted equipment to generate an average of 20 – 30% savings and maintains superior room comfort to provide occupants with the optimal working environment. A cornerstone of our program’s client benefits is Cenergistic’s Energy Savings Contract, which has been developed and fine-tuned over three decades to address the unique issues associated with behavior-based energy programs (as opposed to performance or equipment- based programs). This concise document includes key provisions designed to maximize savings for our clients while minimizing risk. Each contract is coupled with a straightforward Measurement & Verification (M&V) Plan that clearly delineates the methodology and reporting for energy savings. A critical differentiator in our contract is that Cenergistic’s savings guarantee is based on actual, not stipulated or projected savings, and savings are determined using an energy accounting software. On the following pages, we explain the client benefits for each major contract provision and commitments made by Cenergistic to the success of your energy program. How Cenergistic’s Terms & Provisions Benefit Our 1,450+ Clients Program Implementation • Cenergistic heavily supports your district’s leadership with program implementation, including assisting the development of a policy to communicate support for the energy program as encouragement to your employees to support the energy program. • We work with you to develop administrative guidelines for the program that will be customized to your operational environment. • We provide training and support for your employees in use of the EnergyCAP software used for calculating savings from the program. • We collaborate with your city’s senior-level business official (Program Liaison) for all aspects of program implementation. • We provide additional education and training to the Program Liaison concerning EnergyCAP. • We support your staff in implementing changes in the energy management systems to assure operations are conducted within the approved energy conservation guidelines. Savings Determination Cenergistic provides an accurate savings determination by building a baseline using your district’s past 12 months of utility bills, and then adjusts current utility data to ensure the following: • a true apples-to-apples comparison • a correct calculation of savings from the program • the exclusion of energy savings from other sources such as milder weather, installation of more efficient lighting or HVAC equipment, etc. Additional Materials |42 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |42 Our team of industry experts reviews the savings for accuracy, then presents formal savings reports to your district’s Program Liaison for approval. A. Term Based on our 34+ years of experience, we offer a standard five (5) year term to provide sufficient time for the change in the culture to become fully realized, leading to long-term energy sustainability. B. Fees Your city’s fee is simply 50% of the actual savings from the program, paid monthly. If there are no savings, the City of Clearwater pays no fee. Cenergistic’s savings guarantee ensures that your costs over the course of each Performance Year are paid through savings or Cenergistic will reimburse the difference. Our savings guarantee protects the City from financial risk. C. Contract Termination Our contract allows you to terminate the contract for convenience with a 60-day notice. There are no fees, only reimbursement to Cenergistic for our costs and expenses that have not been recouped prior to termination. D. Proprietary Program Cenergistic shares Proprietary Information that is critical to your program success, including technology (patented software programs to assist with finding savings), specific recommendations, recommended procedures and proprietary documents. E. Program Continuation Upon completion of the contract term, the City has the option to extend the contract and continue to receive all the benefits of Cenergistic’s energy savings program. The City of Clearwater can then opt to terminate at any time, with a simple 60-day notice with no fees or obligation. Additional Materials |43 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |43 F.Measurement and Verification Plan In addition to our standard contract, we provide a separate Measurement and Verification Plan (M&V Plan) that clearly sets out how the savings will be determined, and the various steps included in determining savings. Our M&V Plan has been reviewed and approved by Cenergistic’s Senior Vice President of Data Quality, and a diagnostics expert: Eileen Byrd, CPA, CEM, CMVP, CIA, CIAQP, CQE — Senior Vice President, Data Quality Education: Master’s Degree, Accountancy, Wayne Huizenga School of Business, Nova Southeastern University; Bachelor’s Degree, Business Management, University of South Carolina-Aiken Licenses/Certifications: Certified Public Accountant, Certified Energy Manager, Certified Internal Auditor, Certified Quality Engineer, Certified Quality Auditor, Certified Quality Technician, Certified Indoor Air Quality Professional and Certified Measurement and Verification Professional Please see our sample contract starting on the next page. 1 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Energy Savings Contract This energy savings contract is between the City of Clearwater (the “City”) and Cenergistic LLC (“Cenergistic”). This contract is subject to all applicable state and federal laws. Cenergistic® delivers customized, comprehensive people-driven energy conservation programs that focus on changing human behavior to help clients reduce their consumption of energy and water without any equipment upgrades. Implementation of these programs is guided by Cenergistic’s team of energy consultants - together representing several hundred years of energy conservation experience. Cenergistic’s clients can invest the financial savings that result in the lives of the people they serve, rather than in utility companies. Cenergistic guarantees the success of these programs as set out in paragraph 7 below. To date Cenergistic has served more than 1,450 clients in 48 states. The City is committed to its mission: "The mission of the City of Clearwater is to provide cost effective municipal services and infrastructure; facilitate development of the economy; and support a high quality of life and experience." The City uses electricity, gas, water and sewer (collectively “energy”) to fulfill its mission. The City currently uses one facility. Cenergistic has offered to build and provide a customized energy conservation program that is focused on organizational and behavioral change and is designed with the following goals: •Save dollars that the City can reinvest in the people it serves; •Preserve a quality operating environment for the City’s facilities; •Conserve energy for a positive impact on the environment; and, •Increase awareness to empower energy users to be energy savers. Cenergistic will help the City pursue these goals through implementation of its energy conservation program. Central to the success of this program is the recognition of shared responsibility between Cenergistic and the City as the program is initiated and implemented. Cenergistic provides extensive resources, education and onsite training, action planning, and other conservation-related services, while the City works cooperatively to implement Cenergistic’s program. Shared responsibility also extends into the way Cenergistic is compensated for its services. With this in mind, Cenergistic is providing one or more energy specialists who will serve on-site to lead and manage implementation of the energy conservation program and is offering a 2 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com “performance fee” billing arrangement. This approach means the City will not have to spend any amounts for on-site management of the program and 100% of Cenergistic’s compensation is paid from the savings realized by the City. Cenergistic’s fee is contingent on the successful implementation of Cenergistic’s conservation program. As a part of this shared responsibility, Cenergistic offers a Fee Free Period during the first month to allow for acceleration of savings for the City before Performance Fee payments begin. The parties therefore agree as follows: 1. Program. On ____________________ (“Start Date”) Cenergistic shall begin its work on this contract to provide the City with a people-driven energy management program that is customized to enable the City to reduce consumption of energy (“Program”). 2. Energy Consultants. A Cenergistic team of energy consultants shall deliver the Program to the City as follows: • Through Cenergistic’s on-site and ongoing assessments of the City’s facilities and based on Cenergistic’s experience in having assessed thousands of client facilities, Cenergistic’s energy consultants shall deliver hundreds of recommendations that are specific to the City’s environment. • Cenergistic’s energy consultants shall guide and assist the City’s Program implementation following Cenergistic’s proven methodology, the Cenergistic energy management program. 3. Energy Specialist. (a) Onsite Assignment. Program implementation requires a daily focused effort in the City’s facilities and areas. One or more Cenergistic employed energy specialists (“energy specialist”), and the use of technology will be used to assist the City with making conservation a priority while positively engaging people to conserve energy. Cenergistic will adequately staff the Program for optimal success through a combination of an energy specialist, onsite engineer and energy expert visits, use of monitoring technology and remote support through our EMS and engineering group in Dallas. Cenergistic shall take immediate actions to identify and employ the energy specialist for the City. The salary or contract expense for the energy specialist will be paid by Cenergistic. The City Human Resources Department will participate in the Welcome Call to be conducted at a mutually agreeable time following the signing of this contract and will assist and cooperate with Cenergistic in making information concerning employment information and options as an energy specialist available to City employees. The City Human Resources Department will also assist with internally publicizing, posting, distributing information and coordinating Job Information Sessions and interviews by Cenergistic for a prospective energy specialist. In the event the Program is suspended for reasons set out in paragraphs 7(b) or 8(c) below, the City shall reimburse Cenergistic for the compensation of the energy specialist during the period of Program suspension. Cenergistic will 3 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com not assign an energy specialist to the City that is unacceptable to the City (which acceptance shall not be unreasonably withheld). (b) Duties. The primary duties of the energy specialist will be to spend time in the City’s facilities to identify savings opportunities and to work closely with the City’s staff to execute proven implementation strategies to change behavior linked to energy consumption. The effective management of energy information is also important for achieving positive results through accountability. For this the energy specialist will work to maintain energy consumption and other information related to energy use in the City’s facilities and areas. The energy specialist will use the EnergyCAP® energy accounting program from EnergyCAP, Inc. (“Third Party Software”). (c) Local Resources. Within 30 days after the Start Date, the City will provide Cenergistic personnel with office space, an office phone, internet access, email address, on- campus parking, building keys and alarm codes. Use of these resources is subject at all times to City policies and procedures. If requested due to safety or security concerns, the City will provide a commissioned security officer to accompany the energy specialist while performing facilities assessments outside of normal business hours. 4. Program Implementation. (a) Prompt Start. Upon completion of the Fee Free Period, the City will promptly begin and then continue to implement the Program. (b) Commitment and Communication. In Cenergistic’s experience, the success of the City’s Program implementation will be a function of the demonstrated commitment of the City Council, Mayor and other administrators, e.g. through timely communication of high level support for the Program. More specifically, no later than 60 days after the Start Date, the City Council must adopt an appropriate policy and, no later than 30 days after the Start Date, the administration must adopt appropriate administrative guidelines reflecting the City’s commitment to the Program. The City shall communicate these guidelines to its people, construction contractors and on-site management service providers, if any. Cenergistic will facilitate semi-annual progress reports for the City Council. The City will make its utility records available for review and copying on request of the energy specialist, Program Liaison or Cenergistic. (c) Software. (i) Cenergistic GreenX Software. The GreenX mobile and desktop application which is accessible over any browser-enabled device serves as the focal point for energy savings across your entire facilities portfolio. Our machine-learning anomaly detection algorithms provide transparency into the energy consumption profiles of your buildings and provides alerts and potential resolutions by combining building, equipment and sensor data with historical energy use, weather and other seasonal data. (“Cenergistic Software”) 4 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (ii) Third Party Software. The effective management of energy information is a first step to achieving positive results through accountability. Energy consumption will be accounted for by using the Third Party Software, with which Cenergistic’s energy consultants are knowledgeable and trained to provide support to the City. No later than 30 days after the Start Date, the City must license the Third Party Software program (and pay the licensing fees) from EnergyCAP, Inc. or, if later recommended by Cenergistic to its clients (e.g. because EnergyCAP® ceased to be available), an alternative Third Party Software program. Data input and maintenance will be managed and controlled, at Cenergistic’s option, either by the Energy Specialist or at Cenergistic’s corporate office, with City access to review all data entry. (d) Program Liaison. Within thirty (30) days after the Start Date, Cenergistic and the City will discuss and collaborate on identifying one of the City’s senior-level business personnel to serve as the liaison and primary point of contact for the City on the Program (“Program Liaison”). The Program Liaison should be accessible and responsive to Cenergistic for communication and meetings and may not be someone (including any Successor Program Liaison) who is unacceptable to Cenergistic. Cenergistic will offer education and training for the Program Liaison (and any replacement Program Liaison) to effectively serve in the role, with an emphasis that will promote the Program Liaison’s role in reviewing all savings determinations. To assist in the education and training, at the next scheduled session after the Start Date, the Program Liaison shall attend, at Cenergistic’s expense, the EnergyCAP workshop provided by EnergyCAP Inc. in Dallas, TX. The Program Liaison may bring other City representatives to the EnergyCAP workshop, at City expense. In the event there is a replacement Program Liaison, after designation for that position, that person shall attend the next offered EnergyCAP workshop, at Cenergistic’s expense, in Dallas, TX. The Program Liaison position shall not be vacant for more than thirty (30) consecutive days during the Term of the contract. (e) Access, Authority and Control. Cenergistic personnel shall have access to the City’s systems controls, including the energy management systems (“EMS”), and the authority (in communication and coordination with other City personnel) to make changes so that facilities are not operated outside of the established policy and guidelines. The energy specialist needs the authority to: (1) program the EMS including changes in the temperature settings and run times of EMS controlled equipment (e.g. HVAC, water, heating and lighting systems), and (2) change settings and run times for each facility’s equipment and systems (e.g. lighting, sewer and water systems, time clocks and thermostats) that are not controlled by the EMS. The energy specialist will not have authority to make any changes that violate City established policy and guidelines and the City retains the right to suspend access of the energy specialist to the energy management systems (“EMS”) at any time. In the event of such a suspension the City will immediately inform Cenergistic of the suspension and the basis. The City shall provide such access and authority to Cenergistic within 30 days of the Start Date. In order to evaluate and track occupant comfort, within 30 days of the Start Date, the City will set 5 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com up or expand its internal procedure to ensure that all comfort feedback is immediately routed to the energy specialist. This contract does not alter the City's exclusive right of control over its people and facilities and its pre-existing responsibility, if any, to provide reasonable premises safety. (f) No Third Party Interference. The City shall not allow any third party to interfere with the City’s Program implementation. 5. Savings Determination. (a) General. Energy savings are determined in accordance with the Measurement and Verification Plan (“M&V Plan”) attached hereto by comparing measured use before and after the start of Program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non- Routine Adjustments of baseline energy to reporting-period conditions The energy specialist shall use the Third Party Software to calculate the City’s savings by subtracting the energy actually used (i.e. consumption: kWh, BTUs, gallons, etc.) in each Performance Year (as defined below) from the use in the Base Year (as defined below), plus or minus any Adjustment Variables (as defined below), and applying the price (based on the blended rate to the City for each type of energy purchased by the City for all sources of energy except for solar which shall be valued as set out in paragraph 5(d)(iii) below) (“Savings”). The “Total Savings” means the Savings and any additional verifiable cost containment or avoidances resulting from the Program (e.g. utility refunds received as a result of a Program billing audit), in accordance with current industry-accepted valuation methodology. Savings reports shall be delivered to the Program Liaison for review and verification. The Program Liaison will work diligently to review reported Savings and will present any questions about the savings reports within five business days of receipt. Cenergistic’s projections of Total Savings when using the Program are based upon energy consumption and other data furnished by the City. (b) Baseline Period. A baseline period will be established as set out in the attached M&V Plan by Cenergistic and the energy specialist, in consultation with the Program Liaison. Unless modified as set out below, the Third Party Software will be used to establish a baseline period consisting of 12 consecutive months that precede the Start Date (“Base Year”). The City represents that the historical utility usage data and building information provided to Cenergistic for the purpose of savings projections is accurate. If it is later determined that either: 1) there is a variation between the data provided and the Base Year data of ± 5% or more or, 2) changes in the 12 months preceding the Start Date would cause those 12 months to not accurately reflect actual pre-program usage by the City (“variation”), Cenergistic may select as the Base Year an alternate 12-month period from the 36 months preceding the Start Date. For new construction, the energy specialist and Cenergistic, in consultation with the Program Liaison, will use detailed, calibrated simulation analysis to compile the Base Year. 6 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (c) Reporting Period. Each reporting period will be a 12 month period (“Performance Year”). The first Performance Year will begin after the Fee Free Period (as defined below) ends (“First Year”) and each Performance Year is consecutively named. The “Second Year” means the 12 month reporting period following the end of the First Year, the “Third Year” follows the Second Year, and so on. Using the Third Party Software, Savings shall be calculated for each Performance Year in comparison to the Base Year. (d) Appropriate Adjustments. (i) Adjustments to the baseline shall be made in accordance with the M&V Plan to recognize that the operating environment changes in ways that impact energy use but are independent of the Program (e.g. the weather) and function simply to bring energy use for the two time periods to an equivalent set of conditions. (ii) The Third Party Software allows appropriate adjustments to the Base Year, using available data to account for the following factors occurring during the Performance Year that affect the energy used in facilities (“Adjustment Variables”): outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; number of days in the billing period; energy rates; and reasonably estimated energy loads added or reduced after Program implementation. (iii) The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the City has experienced abnormal temperatures during the Base Year, a total of 36 months of billing information will be used to create a more accurate statistical model for the City. The City shall communicate the City’s energy conservation guidelines to its construction contractors and on-site management service providers, if any. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the guidelines are not substantially followed by third party construction contractors or on- site management service providers; (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that negatively impact program savings. Agreement concerning the calibrated simulation or appropriate adjustments will not be unreasonably withheld by either party. In the event solar electricity is implemented by the City, the parties agree to a process that recognizes net metered electric generation to exclude any solar production from the reported Third Party Software use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in the Third Party Software to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). (iv) The data will continue to be reviewed for accuracy during the term of the Contract. In the event there are inaccuracies in the data or there are data entry errors (i.e. information not known at the time, incorrect meter reading or data entered into the Third Party 7 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Software incorrectly), the data may be updated to correct such errors that occurred during the twelve (12) months immediately preceding the latest monthly billing statement. Data prior to the twelve (12) months immediately preceding the latest monthly billing statement will be deemed to be accurate by the parties. (e) Third Party Contractor. The parties agree that Cenergistic may utilize the services of a third party contractor to (1) automatically retrieve utility bill data from both online and offline sources by, among other things, accessing utility vendor websites, OCR of scanned copies of bills or reading from machine readable files, (2) import the data into the Third Party Software, and (3) utilize the service of other third party contractors. The City (1) consents to allowing access to utility bills by such third party contractor and (2) agrees to reasonably cooperate with such third party contractor, with assistance as necessary from Cenergistic, to enable the third party contractor to have and maintain access to (including online) to the City’s utility bills. 6. Term. This contract shall be for a term beginning on the Start Date and ending on the due date for the Performance Fee payment for the last month of the Fifth Year (“Term”). 7. Fee Free Period and Fees. (a) Fee Free Period. The Fee Free Period shall begin on the Start Date and end one month after the Start Date, or on such later date as determined by Cenergistic (“Fee Free Period”). (b) Performance Fee. Cenergistic’s Performance Fees are based on the Total Savings the Program achieves during the first five Performance Years (for a total of sixty Performance Fee payments, hereinafter, “Fee Period”). For each month during the Fee Period, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the Total Savings for that month (“Performance Fees”). For internal accounting purposes, Cenergistic will allocate 25% of the Performance Fees as the value of the Cenergistic Software. The Performance Fees will be invoiced beginning the 1st day of the month following the Fee Free Period (or as soon thereafter as the data is available to calculate the Total Savings for that month), and shall continue being invoiced on the 1st day of each succeeding month until all sixty (60) Performance Fees have been paid. Cenergistic shall submit a Performance Fees billing statement to the City for each month during the Fee Period. Payment is due no later than 30 days after the City receives the billing statement. Failure to pay the billing statement within 60 days after it is due, at Cenergistic’s option, shall result in the Program being suspended (including, without limitation, the suspension of consultant and energy specialist participation in the Program). Savings shall continue to accrue during any suspension for failure to pay the billing statement. A valid request or need for an adjustment to a billing statement shall not be good cause for failure to pay a given billing statement; any appropriate adjustments shall be made to subsequent billing statements. (c) Billing Audit Contingent Fees. In addition to any Performance Fees, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the amount of any refund or 8 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com credit that the City receives from a third party provider of energy as a result of a Program billing audit (“Billing Audit Contingent Fees”). Any such credit or refund received during the Fee Period shall be payable according to paragraph 7(b). (d) Additional Facilities. In the event the City builds, acquires, contracts with, or otherwise becomes responsible for additional facilities (“additional facilities”), such additional facilities will be included and become part of the Program pursuant to this Contract for all purposes (specifically including the payment of fees as set out in this Contract). If the City is requested by another city (“requesting city”) to allow the energy specialist to provide energy management support, the City agrees to not share, utilize, or include the Program (including the use or services of the energy specialist trained by Cenergistic) to any extent, in any facilities in the requesting city without Cenergistic’s express written consent and payment of additional fees as mutually agreed. (e) Savings Guarantee. Cenergistic’s commitment to the quality of the Program is evidenced by Cenergistic’s Savings Guarantee (as defined below). Cenergistic shall reimburse the City for the difference if the City’s Costs (as defined below) exceed its Total Savings, computed from the Start Date to the end of any Performance Year during the Term (“Savings Guarantee”). Due to the cumulative nature of the Savings Guarantee it is necessary to specify that Cenergistic shall not make reimbursement for amounts that Cenergistic has already paid or reimbursed for a prior Performance Year. To be eligible for the Savings Guarantee the City must have substantially implemented the Program. The “City’s Costs” means the total amounts paid for initial and renewal costs of the Third Party Software, and the Performance Fees. Cenergistic shall pay the City a required reimbursement no later than 90 days after the results for the prior Performance Year have been finalized by Cenergistic and the energy specialist. If Cenergistic fails to make a required reimbursement, the City may terminate this contract without payment of a Work Fee and recover the amount of the required reimbursement from Cenergistic. 8. Termination for Convenience or Lack of Substantial Implementation. (a) Termination for Convenience by City. As provided in this contract Cenergistic anticipates a long- term relationship and remains committed to the City through the Term and beyond. However, the City may terminate this contract for any reason and without cause as provided in this paragraph. Also, Cenergistic may terminate this contract in the event that even after notice and an opportunity to remedy the City is not substantially implementing the Program (as defined below). In either instance, the City must pay a Work Fee to compensate Cenergistic for its Intellectual Property, the work performed by Cenergistic and for the benefits received by the City (and not as a penalty) (“Work Fee”), with the calculation based upon the date of termination, as follows: Contract Start Date through the end of Performance Year One a. Payment for the value of Cenergistic’s Intellectual Property and the 9 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com continuing benefits of the program after termination: in the amount of $170,100 which represents 15% of Projected Performance Year One Total Gross Savings per the Cenergistic matrix; plus b. $700 per day, for each Cenergistic employee on-site from Start Date through the termination date to cover costs including overhead Performance Years Two through Four An amount equal to the preceding twelve months’ Performance Fees Performance Year Five The lesser of: (a). the remaining projected fees for Performance Year 5 per the Cenergistic matrix; or, (b). an amount equal to the preceding four months Performance Fees (b) To validly exercise its right to terminate during the Term for any reason and without cause (including if there is no appropriation of funding or for any other termination that is not based on Cenergistic’s failure to perform its material obligations under this contract) (a “Termination for Convenience”), the City shall provide Cenergistic with at least 60 days prior written notice and shall promptly pay Cenergistic (1) a Work Fee, plus (2) an amount equal to the unpaid Monthly Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. The City’s right to terminate for convenience does not limit the rights and remedies of the City. More specifically, if Cenergistic fails to perform its material obligations under this contract, the City’s legal rights and remedies are not limited by the terms of this paragraph. If the City contends Cenergistic has committed a material breach of the contract, the City will provide written notice to Cenergistic specifically describing the breach and giving Cenergistic a reasonable opportunity and time (not less than 30 days) to cure the claimed breach before taking other action. If the material breach is not remedied by Cenergistic following the notice as set out above, the City may terminate this contract without any obligation to pay a Work Fee. (c) Substantial Implementation. If Cenergistic reasonably determines that the City is not substantially implementing the Program, Cenergistic shall give the City written notice of its determination (including specific details supporting Cenergistic’s determination and specific recommendations for appropriate City action) and, at Cenergistic’s discretion, the Performance Year and payment of the Performance Fees shall be suspended until the City is substantially implementing the Program. The City shall act within a reasonable time to cure such 10 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com failure, with curative steps being taken within sixty (60) days after receipt of the written notice referenced above. If the parties are unable to agree on whether the City is substantially implementing the Program, the parties agree to meet to resolve the differences as set out in paragraph 12(c) below. “Substantial implementation of the Program” does not require the City to have implemented the Program in every detail. To “substantially implement” the Program means that the process of implementation is material to the extent that the program functions as intended. It requires that the Program has been implemented in its material elements, or almost fully implemented. Without limiting the foregoing, the following shall be a lack of substantial implementation for purposes of this paragraph: (i) failure to pay a billing statement within 90 days from the due date; (ii) failure to approve the administrative guidelines within 60 days of the start date; or, (iii) if the City directs Cenergistic to stop work for reasons other than a material breach of this contract and such notice is not withdrawn within sixty (60) days after initial delivery to Cenergistic. For purposes of determining savings, savings shall continue to accrue through any suspension period. If Cenergistic reasonably determines the City continues to fail or refuse to substantially implement the Program following such notice and opportunity to remedy, (including the opportunity to follow the dispute resolution process set forth in Paragraph 12(c) below), then Cenergistic may exercise this right to terminate during the Term on written notice and the City shall promptly pay Cenergistic: (1) a Work Fee as calculated according to this paragraph 8 above, plus (2) an amount equal to the unpaid Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. (d) Termination for Convenience by Cenergistic. In the event Cenergistic determines there are unanticipated factors or changes that occur during the Term that make continuation of the Program unsustainable, upon giving the City sixty (60) days prior written notice, Cenergistic shall have the right to terminate this contract without any payment or other obligation. In such event, the City will be entitled to retain all residual savings after the date of termination from the Program without payment of Performance Fees for such period and shall not be required to pay a Work Fee. Unanticipated factors or changes shall include, without limitation, the following: unusual building or operational conditions, equipment defects, inability to hire and/or retain a qualified energy specialist, or other factors not in Cenergistic’s control that would materially and negatively impact savings or savings potential. 9. Termination Event. Upon termination of this contract or discontinuation of the Program at the end of the Fee Period the City shall promptly: (a) return to Cenergistic all materials and Proprietary Information previously furnished by Cenergistic or accumulated by the City in connection with the Program, including all copies thereof; (b) return or allow the removal by Cenergistic of any monitoring or sensor devices installed by Cenergistic or at any time upon Cenergistic request; and (c) cease using the Proprietary Information and implementing the Program. Notwithstanding the foregoing, the City is not prohibited from: (i) using energy conservation information that is in the public domain or is obtained from sources other than 11 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Cenergistic, or (ii) hiring a person (other than an energy specialist trained by Cenergistic) to assist with monitoring energy use or consumption. 10. Proprietary Program and Information. (a) Proprietary Information. The City will have access to and use of (1) Cenergistic’s energy management program, (2) materials that are copyrighted, trade secrets and other information that is proprietary to Cenergistic, and (3) the Cenergistic Software, including both browser based and mobile versions, upon acceptance of the Terms of Services which are hereby incorporated by reference, as the same may be developed and released by Cenergistic from time to time during the term of this Contract pursuant to a nonexclusive, nontransferable license to use Cenergistic Software. Items (1) through (3) along with all database files created using the Third Party Software are collectively referred to as “Proprietary Information”. (b) Limitations on Use; Confidentiality. The City hereby agrees that Cenergistic is the owner of all right, title and interest in and to the Proprietary Information. The City agrees that nothing contained in this Agreement shall be construed as granting any ownership right to the City in any Proprietary Information, or to any invention or any patent, copyright, trademark, or other intellectual property right. The City shall not make, have made, use or sell for any purpose, any product or process using, incorporating or derived from any Proprietary Information. The City shall not copy, modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Proprietary Information. The City agrees that an invention or work created by the City or any of its personnel based on or incorporating any of the Proprietary Information shall be owned exclusively by Cenergistic. The City agrees that the Proprietary Information (including all copies) continues to be Cenergistic’s property and should be kept confidential to the full extent permitted by law. The City agrees not to challenge, or assist any third-party in challenging, Cenergistic’s ownership rights in the Proprietary Information, and in any invention, patent, copyright, trademark, or other intellectual property right. The City agrees that the Proprietary Information, including but not limited to the patents and copyrights of Cenergistic, are valid and enforceable. The City shall not challenge the validity or enforceability of any patent, trademark or copyright owned by Cenergistic in any court, at the Patent and Trademark Office, or in any other forum or before any arbitrator. The City shall give Cenergistic written notice and an opportunity to respond if the City receives a third-party request for Proprietary Information. The City shall not disclose the Proprietary Information to any unauthorized person or use it outside of the City or this contract. The City shall assist Cenergistic in the protection of the Proprietary Information and shall execute all documents reasonably necessary to vest and perfect title to the Proprietary Information in Cenergistic upon written request. The City’s obligations under this paragraph survive termination of this contract. City hereby agrees that breach of this subparagraph will cause Cenergistic irreparable harm for which recovery of money damages would be inadequate, and that Cenergistic shall therefore be entitled to obtain immediate and permanent injunctive relief, without the necessity of posting bond, as well as such further relief as may be granted by a court of competent jurisdiction. 12 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (c) Non-Solicitation. While under contract with Cenergistic and for a period of two years following the termination of this contract, the City will not solicit, hire or retain any Cenergistic employees or contractors for employment or other work at or for the City. 11. Program Continuation Phase. After the Term, the City will have the option to continue partnering with Cenergistic upon the same terms as set out in this Contract to sustain and grow energy program savings. No action will be required by either party to continue the Program beyond the Term, but if the City chooses not to continue the Program beyond the Term or to terminate at any time after the Program has been continued beyond the Term, it will provide sixty (60) days written notice to Cenergistic. There shall be no Work Fee in the event of cancellation after the end of the Term. 12. Miscellaneous. (a) This contract constitutes the entire agreement of the parties with respect to the subject matter of this contract. This contract supersedes the parties’ prior communications, requests, responses, proposals, offers and agreements, if any. This contract may be modified only by a writing signed by the parties. Invalidity or unenforceability of one or more provisions of this contract shall not affect any other provision of this contract. (b) The Parties agree that if any dispute, controversy or claim cannot be settled through good faith efforts outlined in the paragraph below then it shall be settled by a court with competent jurisdiction. In an action to enforce or construe this contract in a court with competent jurisdiction, the prevailing party shall be entitled to recover its reasonable and necessary attorneys’ fees and costs of court. (c) Dispute Resolution. Open communication and cooperation of the parties is vital to the success of the Program and to the settlement of disputes if they arise. If a dispute persists, either party may suggest an executive meeting for review and resolution. The party suggesting the meeting should identify the issues in dispute and coordinate a face-to-face meeting at the City to review the issues and solution options. The executive officer for each party who has full authority to discuss the issues and commit to effective solutions shall attend and participate in the meeting. Also, those persons with firsthand knowledge of the issues must be available for the meeting. No dispute under this contract shall be subject to litigation proceedings prior to completing the meeting, except for an action to seek injunctive relief. (d) Counterparts. A signed copy of this Contract delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract. 13 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Each party is signing this contract on the date stated under that party’s signature. CITY OF CLEARWATER CENERGISTIC LLC By:______________________________ By:______________________________ Name:___________________________ Name: John Bernard Title:____________________________ Title: SVP, Client Development Date:____________________________ Date:___________________________ City of Clearwater, FL - K12 TK CONTRACT v.1 080119 14 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com MEASUREMENT AND VERIFICATION PLAN This Measurement & Verification Plan (“M&V Plan”) is prepared for City of Clearwater (the “Organization”) by Cenergistic and is agreed to by the parties as the M&V plan in accordance with the protocols of the International Performance Measurement and Verification Protocol (“IPMVP”) for the energy program delivered by Cenergistic pursuant to the contract with a Start Date of __________________________. This M&V Plan is prepared in accordance with Section 7 of IPMVP Core Concepts (EVO 10000- 1:2016). The IPMVP guideline, developed and maintained by the nonprofit Efficiency Valuation Organization (see www.EVO-World.org), is the most current and widely-recognized guideline promulgated by a non-profit and impartial source. The IPMVP is the product of an international consortium of volunteers working together to promote standardized methods for the correct valuation of energy efficiencies. IPMVP includes guidance for many types of energy management initiatives and circumstances; not all guidance is applicable in all cases. The purpose of this M&V Plan is to document how the M&V guidance contained within IPMVP will be specifically applied to this contract. In cases of variance between specific provisions of IPMVP and this M&V Plan, this Plan takes precedence. 1. Facility and Project Overview Cenergistic energy programs are people driven programs that include multiple facilities and conservation steps. The program scope and list of measures are described within the contract. 2. ECM Intent The energy conservation measures (“ECMs”) reduce electricity, gas, water and other energy usage and cost, depending on the specific facility. Many varied ECMs will be used to achieve the savings. The expected savings will be an amount in excess of the cost of the program in accordance with the Savings Guarantee. ECMs will be operational in nature (not equipment, facility or hardware retrofits) and are generally categorized as turning off energy-using systems when not necessary, setting back energy-using systems when possible, and improving efficiency of energy-using systems when in use. Space conditions, during both occupied and unoccupied periods, will change as necessary to comply with the organization’s published energy policy and administration guidelines. 3. Selected IPMVP Option and Measurement Boundary IPMVP Option C (Whole Facility) will be used for savings determination because it is the most appropriate M&V method for total facility energy reduction when all energy-using systems are affected and ECMs cannot be isolated, submetered or simulated by computer model. Option C was also chosen because many ECMs will be involved, and some of them cannot be directly measured. Utility meters for electricity, gas, water and sewer will be included in the savings M&V for the organization. Together, these meters will account for all energy use by each facility. The total savings is the sum of savings for each facility. The measurement boundary includes all facilities and 15 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com infrastructure owned and leased by the Organization. In the event metering equipment is determined to be unreliable, unavailable, or does not measure the effect of the ECM, Option A (Retrofit-isolation: Key Parameter Measurement), Option B (Retrofit Isolation: All Parameter Measurement) or Option D (Calibrated Simulation), will be used. 4. Baseline: Period, Energy and Conditions Using the Third Party Software (as defined in the contract, hereinafter “Third Party Software”), a baseline period shall be established for each meter consisting of 12 consecutive months (or 24 consecutive months when conditions warrant an expanded baseline) that precede the energy program Start Date. Normally this will be the 12 months immediately prior to start date, but under circumstances described in the contract, an alternate period (up to 24 months) may be chosen. The baseline data for each meter will be defined and available in the M&V Third Party Software upon import and preparation of the data for each meter & facility. The Third Party Software also includes static factors such as weather and building size. Included in the baseline data will be an identification of the baseline period, baseline energy consumption and demand data, other independent and relevant variable data, and other static factors (i.e. occupancy type, building information such as square footage, etc.). Other baseline data may be included and/or supplemented as agreed by the parties. Local weather data will be obtained from a nationally-recognized service. 5. Reporting Period Each reporting period will be a 12 month period called a “Performance Year”. The Performance Year begins according to the terms of the contract. 6. Basis for Adjustment Energy savings are determined by comparing measured use before and after the start of Program implementation, after making appropriate adjustments for changes in conditions that are independent of the Program. Since savings are to be reported as “cost avoidance”, under reporting period conditions, the IPMVP equation for reporting period savings will be used. This method quantifies how savings in a given reporting period is determined, relative to what energy use would have been without the ECMs in place, consider routine and non-routine adjustments and is expressed as: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions In addition, savings may be accrued due to one-time actions such as identification of utility billing errors leading to refunds, rebates, rate changes, and other measures that do not reduce energy usage but do reduce Organization’s out of pocket utility costs. 7. Calculation Methodology and Analysis Procedure The Third Party Software performs the cost avoidance calculation and analysis procedure. The Third Party Software allows appropriate routine and non-routine adjustments to the baseline period, using available data 16 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com to account for the following factors occurring during the reporting period that affect the energy used in facilities: number of days in the billing period, energy unit cost, and reasonably estimated energy loads added or reduced after Program implementation due to such factors as outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; facility construction/renovation; and energy management hardware retrofits installed under unrelated projects. Specific cost avoidance analysis algorithms used by the Third Party Software are extensively documented and can be furnished upon request. The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the organization has experienced abnormal temperatures during the baseline period, a total of 36 months of billing information can be used to create a more representative statistical weather model. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the organization’s energy conservation guidelines are not substantially followed by its construction contractors or on-site management service providers, if any, (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that can negatively impact program savings. The Third Party Software adheres to the IPMVP guidelines. IPMVP is not exhaustive in its guidance; in some situations engineering judgment must be used. Calculations are supervised by licensed Professional Engineers, Certified Measurement and Verification Professionals and Certified Energy Managers. 8. Energy Prices Reporting of cost avoidance will value the energy use avoided at the then- current unit cost for each meter, each period. Prices will be calculated by the Third Party Software for each month. The price applied for each utility (except solar) is the realized price, based on the blended rate to the Organization for each type of energy purchased by the organization, taking into account consumption and all charges from the utility provider. In the event solar electricity is implemented by the Organization, the parties agree to a process that recognizes net metered electric generation to exclude any solar production sold back to the grid from the reported EnergyCAP use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in EnergyCAP to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). 9. Meter Specifications Utility grade meters used for billing are the only meters used. Exception: For bulk fuel stored in tanks, manual measurements recorded by the organization or by the provider may be used. In master-metered campus situations, submeters may be necessary for accurate identification of building by building energy usage. 17 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com 10. Monitoring responsibilities Energy data from utility bills will be recorded in the Third Party Software as set out in the contract. The Third Party Software captures weather information necessary for calculating and applying adjustments. Changes to the baseline conditions, such as facility size, occupancy or equipment changes, will be documented in the Third Party Software. Responsibility for collection, entry, calculation and accuracy of the data in the Third Party Software is the responsibility of the Energy Specialist(s) under the supervision of Cenergistic. 11. Expected Accuracy The accuracy of data capture of the utility billing data and entry of that data into the Third Party Software is expected to be verified 100% (± 2%) via reports that reconcile data with utility bill accounts payable to ensure the quality of the data entered, to ensure consistency with previous billing, elimination of gaps or duplicate entries, and reasonable protection against user errors in data entry. Statistical accuracy of the Third Party Software’s routine weather adjustment process uses industry-standard linear regression techniques and is evaluated on a meter-by-meter basis. Data analysis does not involve sampling since the actual data, as entered into the Third Party Software, is used for any savings calculations. The accuracy of the Third Party Software’s calculations has been validated empirically against the Department of Energy’s ENERGY STAR program, which benchmarks buildings’ performance. The calculations of the Third Party Software are consistent with ENERGY STAR results in determining increase in building energy utilization index (EUI – Energy usage per square foot per year). 12. Budget The cost of M&V includes the Third Party Software cost, as defined in the contract, plus a portion of the Energy Specialist’s time. The Third Party Software cost is defined in the contract. More time will be required early in the energy program by the Energy Specialist as the baselines are determined and the Energy Specialist becomes familiar with the Third Party Software and the process for entering data and determining savings. Once the utility bills have been entered, the baseline has been determined and the Energy Specialist has become familiar with the Third Party Software and the process, subsequently, the savings determination process and its review with operating and administrative staff is expected to require approximately 5% of an Energy Specialist’s time, across all meters and facilities for the organization. 13. Report Format Cost avoidance will be calculated on a monthly basis as set out in the contract. M&V and cost avoidance reports will be prepared and provided at least semi- annually to the organization. Cost avoidance calculations will commence with a formal data release occurring approximately five months after the Energy Specialist is in place. Cost avoidance reports will include results from the Third Party Software and show energy as well as expenditure savings versus the baseline. Cost avoidance reports have different formats for different audiences, but in general show usage and cost for: baseline actual, baseline 18 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com adjusted to reporting period conditions, reporting period actual, and calculated cost avoidance (adjusted baseline minus reporting period actual). 14. Quality Assurance Cenergistic quality assurance procedures and testing principles are applied to the baseline and performance data at the beginning of each program and periodically throughout the term of the contract. Testing includes, but is not limited to a review of the baseline for compliance with contractual terms including M&V Plan, testing of baseline data for reasonableness, accuracy and completeness, substantive sampling techniques for Third Party Software bill entry data correctness, Third Party Software settings and standard and special adjustments appropriateness and correctness. The parties agree this M&V plan will be modified as mutually agreed to reflect changes that occur or additional data that may be obtained. This M&V plan has been developed for City of Clearwater by the following qualified professional. CENERGISTIC LLC ___________________________ Eileen Byrd SENIOR VICE PRESIDENT – QUALITY ASSURANCE CERTIFIED PUBLIC ACCOUNTANT (Texas State Board of Public Accountants) CERTIFIED INTERNAL AUDITOR (Institute of Internal Auditors) CERTIFIED QUALITY ENGINEER (American Society of Quality) CERTIFIED MEASUREMENT AND VERIFICATION PROFESSIONAL (Association of Energy Engineers) CERTIFIED ENERGY MANAGER (Association of Energy Engineers) Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #15-20 Energy Savings Program February 6, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 10, 2020 to provide Energy Savings Program. Brief Description: The City of Clearwater is seeking proposals for an energy savings program, whereby the Contractor will conduct energy audits, surveys, and training of select staff on energy, utility and telecommunication accounts. Proposals 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. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Energy Savings Program 2 RFP #15-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (1) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. 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 proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 10, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS Energy Savings Program 3 RFP #15-20 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer 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 proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated 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 pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 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 proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, 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 proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The INSTRUCTIONS Energy Savings Program 4 RFP #15-20 City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal 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 proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer 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 proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer 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.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR 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 Energy Savings Program 5 RFP #15-20 To achieve this purpose, 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.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of 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 Energy Savings Program 6 RFP #15-20 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer 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 proposer’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 Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications 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. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Elements page 21) Points Demonstrated Experience of the Firm and Project Personnel (Tab 2) 25 Project Plan/Approach (Tab 3) 25 References (Tab 4) 10 Percentage of Savings and Credits (Tab 5) 40 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The proposer must provide a formal presentation/interview on-site at a City location upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Energy Savings Program 7 RFP #15-20 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer 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 proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: February 6, 2020 Advertise Tampa Bay Times: February 7, 2020 Responses due: March 10, 2020 Review proposals: March 10, 2020 – March 24, 2020 Presentations (if requested): Week of March 30, 2020 Award recommendation: April 3, 2020 Council authorization: May 7, 2020 Contract begins: May 2020 TERMS AND CONDITIONS Energy Savings Program 8 RFP #15-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Energy Savings Program 9 RFP #15-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Energy Savings Program 10 RFP #15-20 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to 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. TERMS AND CONDITIONS Energy Savings Program 11 RFP #15-20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Energy Savings Program 12 RFP #15-20 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Energy Savings Program 13 RFP #15-20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Energy Savings Program 14 RFP #15-20 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 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 TERMS AND CONDITIONS Energy Savings Program 15 RFP #15-20 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. 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 TERMS AND CONDITIONS Energy Savings Program 16 RFP #15-20 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Energy Savings Program 17 RFP #15-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PROJECT GOAL. The goal is to obtain a contract whereby the Contractor finds energy savings by conducting energy audits, surveys, and training to City staff on behavioral habits to create economic efficiencies. 3. BACKGROUND. The City has made investments in energy efficiency upgrades to its buildings which have saved hundreds of thousands of dollars in energy and operational costs through a contract with Honeywell. In addition to the equipment upgrades, it is believed that further energy savings can be experienced through the behavior change of City staff and increased facility monitoring. 4. SCOPE OF SERVICES. The awarded Contractor will create a comprehensive behavior-based energy conservation and management program that utilizes energy specialists, engineers and other energy experts to supply on-site and remote services. Services may include but are not limited to: surveys of current buildings energy usage, organizational behavior change, staff training and technology to optimize existing systems, as well as changing the energy culture to substantially reduce energy consumption without requiring the installation of new HVAC equipment, lighting, EMS controls or similar equipment. There will be no cost to the City to perform such audits, surveys or trainings. Respondents shall submit their proposal to include their business model and implementation plan. Respondents shall submit proposals which incorporate a commission percentage to be paid from all monies refunded or credited to the City of Clearwater. If the City does not receive refunds, credits, or reductions in future billings, there will be no fee for the Contractor services – See Exhibit A - Proposal Price Sheet. 5. MINIMUM QUALIFICATIONS. Respondent shall have five (5) years or more experience as a firm delivering organizational behavioral energy conservation programs and services that are not dependent upon improvements or installation of energy efficient lighting, HVAC equipment or computerized controls systems. Respondent must provide a cloud-based analytics solution. Respondent’s program shall employ an independent, third party Measurement & Verification (M&V) that adheres to International Performance Measurement and Verification Protocol (IPMVP) guidelines. Proposed key personnel shall have verifiable behavioral energy conservation experience with similar clients and include at least one (1) Professional Engineer and two (2) Association of Energy Engineers (AEE) and Certified Energy Managers (CEMs). DETAILED SPECIFICATIONS Energy Savings Program 18 RFP #15-20 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claim’s made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: DETAILED SPECIFICATIONS Energy Savings Program 19 RFP #15-20 City of Clearwater Attn: Procurement Division, RFP #15-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Energy Savings Program 20 RFP #15-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2020 – May 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2) one (1) year renewal term is possible at the City’s option with the same terms and conditions as the initial period. 4. PRICES. All pricing shall be firm for the full term of the contract. RESPONSE ELEMENTS Energy Savings Program 21 RFP #15-20 1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, three (3) copies of the proposal, and one (1) electronic format copy on a disc or thumb drive, in a sealed container/envelope. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 - Demonstrated Experience of the Firm and Project Personnel. Provide a statement of qualifications, abilities, experience and expertise in providing the requested services, including: a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. TAB 3 – Project Plan/Approach. Clearly define the program offered and your method of approach to include, but not limited to the following elements: a. Program and implementation plan. b. Measurement and Verification methodology TAB 4 – References. A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, and dates these services were provided. TAB 5 - Percentage of Savings and Credits: The cost portion of the proposal should include the following elements: a. Exhibit A – Proposal Pricing Sheet completed and signed b. Examples of previous energy savings programs, the amount of savings provided, and the amount earned. TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. Copies of licenses and/or certifications if applicable f. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Energy Savings Program 22 RFP #15-20 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Energy Savings Program 23 RFP #15-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF PROPOSAL Energy Savings Program 24 RFP #15-20 By signing and submitting this Proposal, the Vendor 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) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Energy Savings Program 25 RFP #15-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Energy Savings Program 26 RFP #15-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #15-20, Energy Savings Program Due Date: March 10, 2020, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #15-20, Energy Savings Program Due Date: March 10, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Energy Savings Contract This energy savings contract (“contract”) is between the City of Clearwater (the “City”) and Cenergistic LLC (“Cenergistic”). This contract is subject to all applicable state and federal laws. Cenergistic® delivers customized, comprehensive people-driven energy conservation programs that focus on changing human behavior to help clients reduce their consumption of energy and water without any equipment upgrades. Implementation of these programs is guided by Cenergistic’s team of energy consultants - together representing several hundred years of energy conservation experience. Cenergistic’s clients can invest the financial savings that result in the lives of the people they serve, rather than in utility companies. Cenergistic guarantees the success of these programs as set out in paragraph 7 below. To date Cenergistic has served more than 1,450 clients in 48 states. The City is committed to its mission: "The mission of the City of Clearwater is to provide cost effective municipal services and infrastructure; facilitate development of the economy; and support a high quality of life and experience." The City uses electricity, gas, water and sewer (collectively “energy”) to fulfill its mission. The City selected Cenergistic based on Request for Proposal ("RFP") #15-20 and responses by Cenergistic to RFP #15-20. Cenergistic has offered to build and provide a customized energy conservation program that is focused on organizational and behavioral change and is designed with the following goals: • Save dollars that the City can reinvest in the people it serves; • Preserve a quality operating environment for the City’s facilities; • Conserve energy for a positive impact on the environment; and, • Increase awareness to empower energy users to be energy savers. Cenergistic will help the City pursue these goals through implementation of its energy conservation program. Central to the success of this program is the recognition of shared responsibility between Cenergistic and the City as the program is initiated and implemented. Cenergistic provides extensive resources, education and onsite training, action planning, and other conservation-related services, while the City works cooperatively to implement Cenergistic’s program. As a part of this shared responsibility, Cenergistic offers a Fee Free Period during the first month to allow for acceleration of savings for the City before Monthly Fee payments begin. 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: 2 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com 1. Program. On _______________ (“Start Date”) Cenergistic shall begin its work on this contract to provide the City with a people-driven energy management program that is customized to enable the City to reduce consumption of energy (“Program”). 2. Energy Consultants. A Cenergistic team of energy consultants shall deliver the Program to the City as follows: • Through Cenergistic’s on-site and ongoing assessments of the City’s facilities and based on Cenergistic’s experience in having assessed thousands of client facilities, Cenergistic’s energy consultants shall deliver hundreds of recommendations that are specific to the City’s environment. • Cenergistic’s energy consultants shall guide and assist the City’s Program implementation following Cenergistic’s proven methodology, the Cenergistic energy management program. 3. Energy Specialist. (a) Onsite Assignment. Program implementation requires a daily focused effort in the City’s facilities and areas. One or more Cenergistic employed energy specialists (“energy specialist”), and the use of technology will be used to assist the City with making conservation a priority while positively engaging people to conserve energy. Cenergistic will adequately staff the Program for optimal success through a combination of an energy specialist, onsite engineer and energy expert visits, use of monitoring technology and remote support through our EMS and engineering group in Dallas. Cenergistic shall take immediate actions to identify and employ the energy specialist for this contract. The salary or contract expense for the energy specialist will be paid by Cenergistic. Cenergistic will be the employer of the energy specialist and is fully responsible for providing unemployment and workers compensation, payroll taxes, and insurance premiums (e.g. Medicare). In the event the Program is suspended for reasons set out in paragraphs 7(b) or 8(c) below, the City shall reimburse Cenergistic for the compensation of the energy specialist during the period of Program suspension. Cenergistic will not assign an energy specialist to the City that is unacceptable to the City (which acceptance shall not be unreasonably withheld). (b) Duties. The primary duties of the energy specialist will be to spend time in the City’s facilities to identify savings opportunities and to work closely with the City’s staff to execute proven implementation strategies to change behavior linked to energy consumption. The effective management of energy information is also important for achieving positive results through accountability. For this the energy specialist will work to maintain energy consumption and other information related to energy use in the City’s facilities and areas. The energy specialist will use the EnergyCAP® energy accounting program from EnergyCAP, Inc. (“Third Party Software”). (c) Local Resources. Within 30 days after the Start Date, the City will provide Cenergistic personnel with office space, an office phone, internet access, email address, on- campus parking, building keys and alarm codes. Use of these resources is subject at all times to City policies and procedures. 3 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com 4. Program Implementation. (a) Prompt Start. Upon completion of the Fee Free Period, the City will promptly begin and then continue to implement the Program. (b) Commitment and Communication. In Cenergistic’s experience, the success of the City’s Program implementation will be a function of the demonstrated commitment of the City Council, Mayor and other administrators, e.g. through timely communication of high level support for the Program. More specifically, no later than 60 days after the Start Date, the City Manager must adopt an appropriate policy and, no later than 30 days after the Start Date, the administration must adopt appropriate administrative guidelines reflecting the City’s commitment to the Program. Cenergistic shall provide templates together with support and assistance for the City in its review and adoption of policy and guidelines, however, the contents of the policies and guidelines are at the discretion of the City Council and the City administration, respectively. The City shall communicate these guidelines to its employees and on-site service providers, if any. Cenergistic will facilitate semi-annual progress reports for the City Council. The City will make its utility records available for review and copying on request of the energy specialist, Program Liaison or Cenergistic. (c) Software. (i) Cenergistic GreenX Software. The GreenX mobile and desktop application which is accessible over any browser-enabled device serves as the focal point for energy savings across your entire facilities portfolio. Our machine-learning anomaly detection algorithms provide transparency into the energy consumption profiles of your buildings and provides alerts and potential resolutions by combining building, equipment and sensor data with historical energy use, weather and other seasonal data. (“Cenergistic Software”) (ii) Third Party Software. The effective management of energy information is a first step to achieving positive results through accountability. Energy consumption will be accounted for by using the Third Party Software, with which Cenergistic’s energy consultants are knowledgeable and trained to provide support to the City. No later than 30 days after the Start Date, the City must license the Third Party Software program (and pay the licensing fees) from EnergyCAP, Inc. or, if later recommended by Cenergistic to its clients (e.g. because EnergyCAP® ceased to be available), an alternative Third Party Software program. Data input and maintenance will be managed and controlled, at Cenergistic’s option, either by the Energy Specialist or at Cenergistic’s corporate office, with City access to review all data entry. (d) Program Liaison. Within thirty (30) days after the Start Date, Cenergistic and the City will discuss and collaborate on identifying one of the City’s senior-level business personnel to serve as the liaison and primary point of contact for the City on the Program (“Program Liaison”). The Program Liaison should be accessible and responsive to Cenergistic for communication and meetings and may not be someone (including any Successor Program Liaison) who is unacceptable to Cenergistic. Cenergistic will offer education and training for the Program Liaison (and any replacement Program Liaison) to effectively serve in the role, with an emphasis that will promote the Program Liaison’s role in reviewing all savings determinations. 4 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com To assist in the education and training, at the next scheduled session after the Start Date, the Program Liaison shall attend, at Cenergistic’s expense, the EnergyCAP workshop provided by EnergyCAP Inc. in Dallas, TX. The Program Liaison may bring other City representatives to the EnergyCAP workshop, at City expense. In the event there is a replacement Program Liaison, after designation for that position, that person shall attend the next offered EnergyCAP workshop, at Cenergistic’s expense, in Dallas, TX. The Program Liaison position shall not be vacant for more than thirty (30) consecutive days during the Term of the contract. (e) Access, Authority and Control. Cenergistic personnel shall have access to the City’s systems controls, including the energy management systems (“EMS”), and the authority (in communication and coordination with other City personnel) to make changes so that facilities are not operated outside of the established policy and guidelines. The energy specialist needs the authority to: (1) program the EMS including changes in the temperature settings and run times of EMS controlled equipment (e.g. HVAC, heating and lighting systems), and (2) change settings and run times for each facility’s equipment and systems (e.g. lighting, time clocks and thermostats) that are not controlled by the EMS. The energy specialist will not have authority to make any changes that violate City established policy and guidelines and the City retains the right to suspend access of the energy specialist to the energy management systems (“EMS”) at any time. In the event of such a suspension the City will immediately inform Cenergistic of the suspension and the basis. The City shall provide such access and authority to Cenergistic within 30 days of the Start Date. In order to evaluate and track occupant comfort, within 30 days of the Start Date, the City will set up or expand its internal procedure to ensure that all comfort feedback is immediately routed to the energy specialist. This contract does not alter the City's exclusive right of control over its people and facilities and its pre-existing responsibility, if any, to provide reasonable premises safety. Cenergistic’s recommended energy conservation measures and changes implemented by the energy specialists shall comply with the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 55 for thermal comfort. The City and Cenergistic will work together to ensure that each site has an acceptable operating environment that is conducive to conducting the City’s business. (f) No Third Party Interference. The City shall not allow any third party to interfere with the City’s Program implementation. 5. Savings Determination. (a) General. Energy savings are determined in accordance with the Measurement and Verification Plan (“M&V Plan”) attached hereto by comparing measured use before and after the start of Program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non- Routine Adjustments of baseline energy to reporting-period conditions The energy specialist shall use the Third Party Software to calculate the City’s savings by subtracting the energy actually used (i.e. consumption: kWh, BTUs, etc.) in each Performance 5 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Year (as defined below) from the use in the Base Year (as defined below), plus or minus any Adjustment Variables (as defined below), and applying the price (based on the blended rate to the City for each type of energy purchased by the City for all sources of energy except for solar which shall be valued as set out in paragraph 5(d)(iii) below) (“Savings”). The “Total Savings” means the Savings and any additional verifiable cost containment or avoidances resulting from the Program (e.g. utility refunds received as a result of a Program billing audit), in accordance with current industry-accepted valuation methodology. Savings reports shall be delivered to the Program Liaison for review and verification. The Program Liaison will work diligently to review reported Savings and will present any questions about the savings reports within five business days of receipt. Cenergistic’s projections of Total Savings when using the Program are based upon energy consumption and other data furnished by the City. (b) Baseline Period. A baseline period will be established as set out in the attached M&V Plan by Cenergistic and the energy specialist, in consultation with the Program Liaison. Unless modified as set out below, the Third Party Software will be used to establish a baseline period consisting of 12 consecutive months that precede the Start Date (“Base Year”). The City represents that the historical utility usage data and building information provided to Cenergistic for the purpose of savings projections is accurate. If it is later determined that either: 1) there is a variation between the data provided and the Base Year data of ± 5% or more or, 2) changes in the 12 months preceding the Start Date would cause those 12 months to not accurately reflect actual pre-program usage by the City (“variation”), Cenergistic may select as the Base Year an alternate 12-month period from the 36 months preceding the Start Date. For new construction, the energy specialist and Cenergistic, in consultation with the Program Liaison, will use detailed, calibrated simulation analysis to compile the Base Year. (c) Reporting Period. Each reporting period will be a 12 month period (“Performance Year”). The first Performance Year will begin after the Fee Free Period (as defined below) ends (“First Year”) and each Performance Year is consecutively named. The “Second Year” means the 12 month reporting period following the end of the First Year, the “Third Year” follows the Second Year, and so on. If a Performance Year is suspended as set forth in paragraphs 7(b) or 8(c), it will consist of twelve non-consecutive months; however, for purposes of determining Savings, Savings, if any, during the suspended period shall continue to accrue. Using the Third Party Software, Savings shall be calculated for each Performance Year in comparison to the Base Year. (d) Appropriate Adjustments. (i) Adjustments to the baseline shall be made in accordance with the M&V Plan to recognize that the operating environment changes in ways that impact energy use but are independent of the Program (e.g. the weather) and function simply to bring energy use for the two time periods to an equivalent set of conditions. (ii) The Third Party Software allows appropriate adjustments to the Base Year, using available data to account for the following factors occurring during the Performance Year that affect the energy used in facilities (“Adjustment Variables”): outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; number of days in the 6 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com billing period; energy rates; and reasonably estimated energy loads added or reduced after Program implementation. (iii) The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the City has experienced abnormal temperatures during the Base Year, a total of 36 months of billing information will be used to create a more accurate statistical model for the City. The City shall communicate the City’s energy conservation guidelines to its construction contractors and on-site management service providers, if any. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the guidelines are not substantially followed by third party service providers; or b) there are equipment malfunctions that negatively impact program savings. Agreement concerning the calibrated simulation or appropriate adjustments will not be unreasonably withheld by either party. In the event solar electricity is implemented by the City, the parties agree to a process that recognizes net metered electric generation to exclude any solar production from the reported Third Party Software use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in the Third Party Software to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). (iv) The data will continue to be reviewed for accuracy during the term of the Contract. In the event there are inaccuracies in the data or there are data entry errors (i.e. information not known at the time, incorrect meter reading or data entered into the Third Party Software incorrectly), the data may be updated to correct such errors that occurred during the twelve (12) months immediately preceding the latest monthly billing statement. Data prior to the twelve (12) months immediately preceding the latest monthly billing statement will be deemed to be accurate by the parties. (e) Third Party Contractor. The parties agree that Cenergistic may utilize the services of a third party contractor to (1) automatically retrieve utility bill data from both online and offline sources by, among other things, accessing utility vendor websites, OCR of scanned copies of bills or reading from machine readable files, (2) import the data into the Third Party Software, and (3) utilize the service of other third party contractors. The City (1) consents to allowing access to utility bills by such third party contractor and (2) agrees to reasonably cooperate with such third party contractor, with assistance as necessary from Cenergistic, to enable the third party contractor to have and maintain access to (including online) to the City’s utility bills. 6. Term. This contract shall be for a term beginning on the Start Date and ending on the last day of the Fifth Year (“Term”). 7. Fee Free Period and Fees. (a) Fee Free Period. The Fee Free Period shall begin on the Start Date and end one month after the Start Date, or on such later date as determined 7 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com by Cenergistic (“Fee Free Period”). In the event the Performance Year is suspended as set out in paragraph 7(b) or 8(c), the Monthly Fees for the suspended period shall be deferred and the term shall be extended until 60 monthly fee payments have been made. (b) Monthly Fee. The City shall pay Cenergistic a fee of $41,758.33 for each month during the First Year, $46,100.00 for each month during the Second Year, $50,441.67 for each month during the Third Year, $54,783.33 for each month during the Fourth Year, and $59,125.00 for each month during the Fifth Year (“Monthly Fee”) for a total of 60 consecutive months (“Fee Period”). The average monthly fee is $50,441.67 (“Average Monthly Fee”). Cenergistic will submit invoices to the City monthly on or near the last day of each calendar month beginning with the first month following the Fee Free Period. Payment is due no later than 30 days after the City receives the billing statement. Failure to pay the billing statement within 60 days after it is due, at Cenergistic’s option, shall result in the Program being suspended (including, without limitation, the suspension of consultant and energy specialist participation in the Program). Savings shall continue to accrue during any suspension for failure to pay the billing statement. A valid request or need for an adjustment to a billing statement shall not be good cause for failure to pay a given billing statement; any appropriate adjustments shall be made to subsequent billing statements. (c) Additional Facilities; Water. The City facilities not included in this contract are listed in Exhibit A, attached hereto and incorporated herein by reference. In the event any City facilities excluded from this contract are to be included as part of the Program at a later time, or the City builds, acquires, contracts with, or otherwise becomes responsible for additional facilities (“additional facilities”), such additional facilities will be included and become part of the Program pursuant to this Contract for all purposes. Water used by the City is not included in this contract and is therefore not a part of the Program. The parties agree to consider water for inclusion in this contract and the Program on each anniversary of the Start Date. If the parties mutually agree to add water, then water used by the City will be added to this contract and to the Program. If the City is requested by another city (“requesting city”) to allow the energy specialist to provide energy management support, the City agrees to not share, utilize, or include the Program (including the use or services of the energy specialist trained by Cenergistic) to any extent, in any facilities in the requesting city without Cenergistic’s express written consent and payment of additional fees as mutually agreed. (d) Savings Guarantee. Cenergistic’s commitment to the quality of the Program is evidenced by Cenergistic’s Savings Guarantee (as defined below). Cenergistic shall reimburse the City for the difference if the City’s Costs (as defined below) exceed its Total Savings, computed from the Start Date to the end of any Performance Year during the Term (“Savings Guarantee”). Due to the cumulative nature of the Savings Guarantee it is necessary to specify that Cenergistic shall not make reimbursement for amounts that Cenergistic has already paid or reimbursed for a prior Performance Year. The City shall refund prior reimbursements on the Savings Guarantee to Cenergistic if (1) the Total Savings exceed the City’s Costs, computed from the Start Date to the end of a later month during the Term, or (2) 8 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com the City exercises its right of Termination for Convenience (as defined below). The City shall pay Cenergistic a required refund: (1) no later than 90 days after the results for such later month have been finalized by Cenergistic and the energy specialist, or (2) on the effective date of a Termination for Convenience. To be eligible for the Savings Guarantee the City must have substantially implemented the Program. The “City’s Costs” means the total amounts paid for initial and renewal costs of the Third Party Software, and the Monthly Fees. Cenergistic shall pay the City a required reimbursement no later than 90 days after the results for the prior Performance Year have been finalized by Cenergistic and the energy specialist. If Cenergistic fails to make a required reimbursement, the City may terminate this contract without payment of a Work Fee and recover the amount of the required reimbursement from Cenergistic. 8. Termination for Convenience. (a) Termination for Convenience by City. As provided in this contract Cenergistic anticipates a long-term relationship and remains committed to the City through the Term and beyond. However, the City may terminate this contract for any reason and without cause as provided in this paragraph. The City must pay Cenergistic a Work Fee to compensate Cenergistic for its Intellectual Property, the work performed by Cenergistic and for the benefits received by the City (and not as a penalty) (“Work Fee”), with the calculation based upon the date of termination, as follows: Contract Start Date through the end of Performance Year One a. Payment for the value of Cenergistic’s Intellectual Property and the continuing benefits of the program after termination: in the amount of $170,100 which represents 15% of Projected Performance Year One Total Gross Savings per the Cenergistic matrix; plus b. $700 per day, for each Cenergistic employee on-site from Start Date through the termination date to cover costs including overhead. Employee as used herein includes the Energy Specialist and consultants that are present to provide services, training, and support for the Program but does not include marketing or corporate office staff. Performance Years Two through Four An amount equal to twelve multiplied by the Average Monthly Fee 9 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Performance Year Five The lesser of: (a). the remaining fees due under the Contract; or, (b). an amount equal to four Months Fees at the Fifth Year rate (b) To validly exercise its right to terminate during the Term for any reason and without cause (including if there is no appropriation of funding or for any other termination that is not based on Cenergistic’s failure to perform its material obligations under this contract) (a “Termination for Convenience”), the City shall provide Cenergistic with at least 60 days prior written notice and shall promptly pay Cenergistic, in addition to the Work Fee, (i) an amount equal to the unpaid Monthly Fees, but only through the termination effective date (including any months which were deferred because of a suspension of the Performance Year) and (ii) the positive amount, if any, between (x) the Average Monthly Fee multiplied by the number of months from the Start Date through the termination effective date less (y) the sum of the Monthly Fees actually received by Cenergistic. A Termination for Convenience voids the Savings Guarantee. The City’s right to terminate for convenience does not limit the rights and remedies of the City. More specifically, if Cenergistic fails to perform its material obligations under this contract, the City’s legal rights and remedies are not limited by the terms of this paragraph. If the City contends Cenergistic has committed a material breach of the contract, the City will provide written notice to Cenergistic specifically describing the breach and giving Cenergistic a reasonable opportunity and time (not less than 30 days) to cure the claimed breach before taking other action. If the material breach is not remedied by Cenergistic following the notice as set out above, the City may terminate this contract without any obligation to pay a Work Fee. (c) Substantial Implementation. If Cenergistic reasonably determines that the City is not substantially implementing the Program, Cenergistic shall give the City written notice of its determination (including specific details supporting Cenergistic’s determination and specific recommendations for appropriate City action) and, at Cenergistic’s discretion, the Performance Year and payment of the Monthly Fees shall be suspended until the City is substantially implementing the Program. The City shall act within a reasonable time to cure such failure, with curative steps being taken within sixty (60) days after receipt of the written notice referenced above. If the parties are unable to agree on whether the City is substantially implementing the Program, the parties agree to meet to resolve the differences as set out in paragraph 12(c) below. “Substantial implementation of the Program” does not require the City to have implemented the Program in every detail. To “substantially implement” the Program means that the process of implementation is material to the extent that the program functions as intended, consistent with the administrative guidelines as adopted by the City and overall goals of the Program. It requires that the Program has been implemented in its material elements, or almost fully implemented. Without limiting the foregoing, the following shall be a lack of substantial implementation for purposes of this paragraph: (i) failure to pay a billing statement within 90 days from the due date; (ii) failure to approve the administrative guidelines within 60 days of the start date; or, (iii) if the City directs Cenergistic to stop work for reasons other than a material breach 10 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com of this contract and such notice is not withdrawn within sixty (60) days after initial delivery to Cenergistic. For purposes of determining savings, savings shall continue to accrue through any suspension period. (d) Termination for Convenience by Cenergistic. In the event Cenergistic determines there are unanticipated factors or changes that occur during the Term that make continuation of the Program unsustainable, upon giving the City sixty (60) days prior written notice, Cenergistic shall have the right to terminate this contract without any payment or other obligation. In such event, the City will be entitled to retain all residual savings after the date of termination from the Program without payment of Monthly Fees for such period and shall not be required to pay a Work Fee. Unanticipated factors or changes shall include, without limitation, the following: unusual building or operational conditions, equipment defects, inability to hire and/or retain a qualified energy specialist, or other factors not in Cenergistic’s control that would materially and negatively impact savings or savings potential. 9. Termination Event. Upon termination of this contract or discontinuation of the Program at the end of the Fee Period the City shall promptly: (a) return to Cenergistic all materials and Proprietary Information previously furnished by Cenergistic or accumulated by the City in connection with the Program, including all copies thereof; (b) return or allow the removal by Cenergistic of any monitoring or sensor devices installed by Cenergistic or at any time upon Cenergistic request; and (c) cease using the Proprietary Information and implementing the Program. Notwithstanding the foregoing, the City is not prohibited from: (i) using energy conservation information that is in the public domain or is obtained from sources other than Cenergistic, or (ii) hiring a person (other than an energy specialist trained by Cenergistic) to assist with monitoring energy use or consumption. 10. Proprietary Program and Information. (a) Proprietary Information. The City will have access to and use of (1) Cenergistic’s energy management program, (2) materials that are copyrighted, trade secrets and other information that is proprietary to Cenergistic, and (3) the Cenergistic Software, including both browser based and mobile versions, upon acceptance of the Terms of Services which are hereby incorporated by reference, as the same may be developed and released by Cenergistic from time to time during the term of this Contract pursuant to a nonexclusive, nontransferable license to use Cenergistic Software. Items (1) through (3) along with all database files created using the Third Party Software are collectively referred to as “Proprietary Information”. (b) Limitations on Use; Confidentiality. The City hereby agrees that Cenergistic is the owner of all right, title and interest in and to the Proprietary Information. The City agrees that nothing contained in this Agreement shall be construed as granting any ownership right to the City in any Proprietary Information, or to any invention or any patent, copyright, trademark, or other intellectual property right. The City shall not make, have made, use or sell for any purpose, any product or process using, incorporating or derived from any Proprietary Information. The City shall not copy, modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Proprietary Information. The City 11 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com agrees that an invention or work created by the City or any of its personnel based on or incorporating any of the Proprietary Information shall be owned exclusively by Cenergistic. The City agrees that the Proprietary Information (including all copies) continues to be Cenergistic’s property and should be kept confidential to the full extent permitted by law. The City agrees not to challenge, or assist any third-party in challenging, Cenergistic’s ownership rights in the Proprietary Information, and in any invention, patent, copyright, trademark, or other intellectual property right. The City agrees that the Proprietary Information, including but not limited to the patents and copyrights of Cenergistic, are valid and enforceable. The City shall not challenge the validity or enforceability of any patent, trademark or copyright owned by Cenergistic in any court, at the Patent and Trademark Office, or in any other forum or before any arbitrator. The City shall give Cenergistic written notice and an opportunity to respond if the City receives a third-party request for Proprietary Information. The City shall not disclose the Proprietary Information to any unauthorized person or use it outside of the City or this contract. The City shall assist Cenergistic in the protection of the Proprietary Information and shall execute all documents reasonably necessary to vest and perfect title to the Proprietary Information in Cenergistic upon written request. The City’s obligations under this paragraph survive termination of this contract. City hereby agrees that breach of this subparagraph will cause Cenergistic irreparable harm for which recovery of money damages would be inadequate, and that Cenergistic shall therefore be entitled to obtain immediate and permanent injunctive relief, without the necessity of posting bond, as well as such further relief as may be granted by a court of competent jurisdiction. (c) Non-Solicitation. While under contract with Cenergistic and for a period of two years following the termination of this contract, the City will not solicit, hire or retain any Cenergistic employees or contractors for employment or other work at or for the City. 11. Intentionally Left Blank. 12. Miscellaneous. (a) This contract constitutes the entire agreement of the parties with respect to the subject matter of this contract. This contract supersedes the parties’ prior communications, requests, responses, proposals, offers and agreements, if any. This contract may be modified only by a writing signed by the parties. Invalidity or unenforceability of one or more provisions of this contract shall not affect any other provision of this contract. (b) The Parties agree that if any dispute, controversy or claim cannot be settled through good faith efforts outlined in the paragraph below then it shall be settled by a court with competent jurisdiction. The laws of the State of Florida shall govern this contract, and the parties designate Pinellas County Florida to be the proper jurisdiction and venue for any suit or action arising out of this contract. (c) Dispute Resolution. Open communication and cooperation of the parties is vital to the success of the Program and to the settlement of disputes if they arise. If a dispute persists, either party may suggest an executive meeting for review and resolution. The party suggesting the meeting should identify the issues in dispute and coordinate a face-to-face 12 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com meeting at the City to review the issues and solution options. The executive officer for each party who has full authority to discuss the issues and commit to effective solutions shall attend and participate in the meeting. Also, those persons with firsthand knowledge of the issues must be available for the meeting. No dispute under this contract shall be subject to litigation proceedings prior to completing the meeting, except for an action to seek injunctive relief. (d) Counterparts. A signed copy of this Contract delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract. (e) This contract may not be assigned either in whole or in part without first receiving the City’s written consent, which consent shall not be unreasonably withheld. Any 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 this contract without payment of the Work Fee. (f) Cenergistic represents and warrants that it does not illegally 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. Cenergistic and its 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 contract. (g) Cenergistic and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Cenergistic 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 Cenergistic with an affidavit stating that subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Cenergistic shall maintain a copy of such affidavit. The City may terminate this contract for any violation of this subsection (g) provided such violation continues to exist after City’s written notice of such violation to Cenergistic and an opportunity of not less than thirty (30) days to cure. See Section 448.095, Florida Statutes (2020). 13. Public Records. To the extent applicable, Cenergistic (hereinafter “contractor” in this section) will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, 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 13 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. (c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’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. 14. Insurance Requirements. Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached hereto. 15. Independent Contractor. It is expressly understood that the relationship of Cenergistic to the City will be that of an independent contractor. Cenergistic and all persons employed by Cenergistic, either directly or indirectly, are Cenergistic’s employees, not City employees. Accordingly, Cenergistic and Cenergistic’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. Cenergistic employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Cenergistic employees or subcontractors assert a claim for wages or other employment benefits against the City, Cenergistic will defend, indemnify and hold harmless the City from all such claims. 16. Indemnity. To the fullest extent permitted by law, Cenergistic 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 14 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com incident thereto, to the extent and only to the extent relating to, arising out of, or resulting from: any negligent acts, errors, mistakes or omissions by Cenergistic and specifically excluding those arising from the negligent acts, errors, mistakes or omissions by City or a third party. Nothing contained herein is intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to the sued by third parties. Each party is signing this contract on the date stated under that party’s signature. CITY OF CLEARWATER CENERGISTIC LLC By:______________________________ By:__________________________ Name:___________________________ Name: John Bernard Title:____________________________ Title: President Date:____________________________ Date: ________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ ________________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Date: ______________________ Approved as to form: Attest: ___________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk City of Clearwater, FL - K12 TK CONTRACT v.12 FF Option 012722 15 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com MEASUREMENT AND VERIFICATION PLAN This Measurement & Verification Plan (“M&V Plan”) is prepared for City of Clearwater (the “Organization”) by Cenergistic and is agreed to by the parties as the M&V plan in accordance with the protocols of the International Performance Measurement and Verification Protocol (“IPMVP”) for the energy program delivered by Cenergistic pursuant to the contract with a Start Date of __________________________. This M&V Plan is prepared in accordance with Section 7 of IPMVP Core Concepts (EVO 10000- 1:2016). The IPMVP guideline, developed and maintained by the nonprofit Efficiency Valuation Organization (see www.EVO-World.org), is the most current and widely-recognized guideline promulgated by a non-profit and impartial source. The IPMVP is the product of an international consortium of volunteers working together to promote standardized methods for the correct valuation of energy efficiencies. IPMVP includes guidance for many types of energy management initiatives and circumstances; not all guidance is applicable in all cases. The purpose of this M&V Plan is to document how the M&V guidance contained within IPMVP will be specifically applied to this contract. In cases of variance between specific provisions of IPMVP and this M&V Plan, this Plan takes precedence. 1. Facility and Project Overview Cenergistic energy programs are people driven programs that include multiple facilities and conservation steps. The program scope and list of measures are described within the contract. 2. ECM Intent The energy conservation measures (“ECMs”) reduce electricity, gas, water and other energy usage and cost, depending on the specific facility. Many varied ECMs will be used to achieve the savings. The expected savings will be an amount in excess of the cost of the program in accordance with the Savings Guarantee. ECMs will be operational in nature (not equipment, facility or hardware retrofits) and are generally categorized as turning off energy-using systems when not necessary, setting back energy-using systems when possible, and improving efficiency of energy-using systems when in use. Space conditions, during both occupied and unoccupied periods, will change as necessary to comply with the organization’s published energy policy and administration guidelines. 3. Selected IPMVP Option and Measurement Boundary IPMVP Option C (Whole Facility) will be used for savings determination because it is the most appropriate M&V method for total facility energy reduction when all energy-using systems are affected and ECMs cannot be isolated, submetered or simulated by computer model. Option C was also chosen because many ECMs will be involved, and some of them cannot be directly measured. Utility meters for electricity, gas, water and sewer will be included in the savings M&V for the organization. Together, these meters will account for all energy use by each facility. The total savings is the sum of savings for each facility. The measurement boundary includes all facilities and infrastructure owned and leased by the Organization except as specifically 16 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com excluded by the contract. In the event metering equipment is determined to be unreliable, unavailable, or does not measure the effect of the ECM, Option A (Retrofit-isolation: Key Parameter Measurement), Option B (Retrofit Isolation: All Parameter Measurement) or Option D (Calibrated Simulation), will be used. 4. Baseline: Period, Energy and Conditions Using the Third Party Software (as defined in the contract, hereinafter “Third Party Software”), a baseline period shall be established for each meter consisting of 12 consecutive months (or 24 consecutive months when conditions warrant an expanded baseline) that precede the energy program Start Date. Normally this will be the 12 months immediately prior to start date, but under circumstances described in the contract, an alternate period (up to 24 months) may be chosen. The baseline data for each meter will be defined and available in the M&V Third Party Software upon import and preparation of the data for each meter & facility. The Third Party Software also includes static factors such as weather and building size. Included in the baseline data will be an identification of the baseline period, baseline energy consumption and demand data, other independent and relevant variable data, and other static factors (i.e. occupancy type, building information such as square footage, etc.). Other baseline data may be included and/or supplemented as agreed by the parties. Local weather data will be obtained from a nationally-recognized service. 5. Reporting Period Each reporting period will be a 12 month period called a “Performance Year”. The Performance Year begins according to the terms of the contract. 6. Basis for Adjustment Energy savings are determined by comparing measured use before and after the start of Program implementation, after making appropriate adjustments for changes in conditions that are independent of the Program. Since savings are to be reported as “cost avoidance”, under reporting period conditions, the IPMVP equation for reporting period savings will be used. This method quantifies how savings in a given reporting period is determined, relative to what energy use would have been without the ECMs in place, consider routine and non-routine adjustments and is expressed as: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions In addition, savings may be accrued due to one-time actions such as identification of utility billing errors leading to refunds, rebates, rate changes, and other measures that do not reduce energy usage but do reduce Organization’s out of pocket utility costs. 7. Calculation Methodology and Analysis Procedure The Third Party Software performs the cost avoidance calculation and analysis procedure. The Third Party Software allows appropriate routine and non-routine adjustments to the baseline period, using available data to account for the following factors occurring during the reporting period that affect the energy used in facilities: number of days in the billing period, energy unit cost, and reasonably 17 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com estimated energy loads added or reduced after Program implementation due to such factors as outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; facility construction/renovation; and energy management hardware retrofits installed under unrelated projects. Specific cost avoidance analysis algorithms used by the Third Party Software are extensively documented and can be furnished upon request. The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the organization has experienced abnormal temperatures during the baseline period, a total of 36 months of billing information can be used to create a more representative statistical weather model. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the organization’s energy conservation guidelines are not substantially followed by its construction contractors or on-site management service providers, if any, (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that can negatively impact program savings. The Third Party Software adheres to the IPMVP guidelines. IPMVP is not exhaustive in its guidance; in some situations engineering judgment must be used. Calculations are supervised by licensed Professional Engineers, Certified Measurement and Verification Professionals and Certified Energy Managers. 8. Energy Prices Reporting of cost avoidance will value the energy use avoided at the then- current unit cost for each meter, each period. Prices will be calculated by the Third Party Software for each month. The price applied for each utility (except solar) is the realized price, based on the blended rate to the Organization for each type of energy purchased by the organization, taking into account consumption and all charges from the utility provider. In the event solar electricity is implemented by the Organization, the parties agree to a process that recognizes net metered electric generation to exclude any solar production sold back to the grid from the reported EnergyCAP use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in EnergyCAP to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). 9. Meter Specifications Utility grade meters used for billing are the only meters used. Exception: For bulk fuel stored in tanks, manual measurements recorded by the organization or by the provider may be used. In master-metered campus situations, submeters may be necessary for accurate identification of building by building energy usage. 10. Monitoring responsibilities Energy data from utility bills will be recorded in the Third Party Software as set out in the contract. The Third Party Software captures weather information necessary for calculating and applying adjustments. Changes to the baseline conditions, such as facility size, occupancy or equipment changes, will be documented in the Third Party 18 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Software. Responsibility for collection, entry, calculation and accuracy of the data in the Third Party Software is the responsibility of the Energy Specialist(s) under the supervision of Cenergistic. 11. Expected Accuracy The accuracy of data capture of the utility billing data and entry of that data into the Third Party Software is expected to be verified 100% (± 2%) via reports that reconcile data with utility bill accounts payable to ensure the quality of the data entered, to ensure consistency with previous billing, elimination of gaps or duplicate entries, and reasonable protection against user errors in data entry. Statistical accuracy of the Third Party Software’s routine weather adjustment process uses industry-standard linear regression techniques and is evaluated on a meter-by-meter basis. Data analysis does not involve sampling since the actual data, as entered into the Third Party Software, is used for any savings calculations. The accuracy of the Third Party Software’s calculations has been validated empirically against the Department of Energy’s ENERGY STAR program, which benchmarks buildings’ performance. The calculations of the Third Party Software are consistent with ENERGY STAR results in determining increase in building energy utilization index (EUI – Energy usage per square foot per year). 12. Budget The cost of M&V includes the Third Party Software cost, as defined in the contract, plus a portion of the Energy Specialist’s time. The Third Party Software cost is defined in the contract. More time will be required early in the energy program by the Energy Specialist as the baselines are determined and the Energy Specialist becomes familiar with the Third Party Software and the process for entering data and determining savings. Once the utility bills have been entered, the baseline has been determined and the Energy Specialist has become familiar with the Third Party Software and the process, subsequently, the savings determination process and its review with operating and administrative staff is expected to require approximately 5% of an Energy Specialist’s time, across all meters and facilities for the organization. 13. Report Format Cost avoidance will be calculated on a monthly basis as set out in the contract. M&V and cost avoidance reports will be prepared and provided at least semi- annually to the organization. Cost avoidance calculations will commence with a formal data release occurring approximately five months after the Energy Specialist is in place. Cost avoidance reports will include results from the Third Party Software and show energy as well as expenditure savings versus the baseline. Cost avoidance reports have different formats for different audiences, but in general show usage and cost for: baseline actual, baseline adjusted to reporting period conditions, reporting period actual, and calculated cost avoidance (adjusted baseline minus reporting period actual). 14. Quality Assurance Cenergistic quality assurance procedures and testing principles are applied to the baseline and performance data at the beginning of each program and periodically throughout the term of the contract. Testing includes, but is not limited to a review of the baseline for compliance with contractual terms including M&V Plan, testing of baseline data for reasonableness, accuracy and completeness, substantive sampling techniques for 19 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Third Party Software bill entry data correctness, Third Party Software settings and standard and special adjustments appropriateness and correctness. The parties agree this M&V plan will be modified as mutually agreed to reflect changes that occur or additional data that may be obtained. This M&V plan has been developed for City of Clearwater. 20 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com EXHIBIT A CITY FACILITIES EXCLUDED FROM THIS CONTRACT All Public Utilities facilities and operations except administrative facilities. Clearwater Gas Systems as it relates to the distribution of natural gas to its residential, commercial, and industrial customers Notwithstanding any exclusions listed in the Contract or exhibits thereto (including but not limited to those exclusions set forth above), all heating, ventilating and air conditioning (HVAC) equipment is included in the Program and in the Contract. Any facility owned by the City, operated by a third party, and the third party is responsible for the payment of any utilities. Any facility not owned by the City, operated by the City, and the payment of any utilities is paid by the facility owner. This Exhibit A may be amended by mutual written agreement by the City Manager and Cenergistic, without City Council approval. 21 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com EXHIBIT B INSURANCE REQUIREMENTS. Cenergistic (hereinafter “CONTRACTOR” in this Exhibit B) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the CONTRACTOR’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONTRACTOR must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONTRACTOR is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONTRACTOR’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. 22 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONTRACTOR with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the CONTRACTOR will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, CONTRACTOR will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #15-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONTRACTOR shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONTRACTOR’S insurance as outlined above shall be primary and non-contributory coverage for CONTRACTOR’S negligence. d. CONTRACTOR reserves the right to appoint legal counsel to provide for the CONTRACTOR’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONTRACTOR’S design, equipment, or service. CONTRACTOR agrees that the City shall not be liable to reimburse CONTRACTOR for any legal fees or costs as a result of CONTRACTOR providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONTRACTOR’S obligation to provide the insurance coverage specified. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0119 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Authorize staff to initiate a foreclosure action against the mortgagor pursuant to a mortgage on property located at 408 Vine Street, Clearwater. (consent) SUMMARY: The City of Clearwater’s Housing Division utilizes federal, state, and local funds to create and preserve quality affordable housing for the citizens of Clearwater. Much of the funding provided through these programs is in the form of loans. The City, as a lender, currently services 397 active loans with a total loan balance of approximately $15.8 million. From time to time, loans fall into default status. Such occurrences are infrequent due to strong staff oversight and the requirement for borrowers to complete homebuyer education courses for certain programs. The Economic Development and Housing Department Affordable Housing Loan Foreclosure and Loan Forgiveness Policy (Policy) lays out the steps that staff must follow prior to seeking City Council’s approval to initiate a foreclosure action. While the Policy prescribes activities to reach reasonable solutions not involving foreclosure, this action of last resort is necessary to protect the City’s lien position and investment in the property. Under the Policy, the City is obligated to explore the following: ·Staff will work with borrowers that experience hardships in an effort to agree to an alternative to foreclosure. ·Alternatives that are explored may include loan modifications, deferment of loan, a deed in lieu of foreclosure or other alternatives. ·Staff must seek alternative options to foreclosure under circumstances whereby the ownership of the home has changed. Alternative options may include loan assignment, converting the loan from interest-free to interest-bearing, or a deed in lieu of foreclosure. ·Any acceptable foreclosure alternative must be allowable under the rules and regulations of the funding source(s) used to create the initial loan. Attempted Resolutions to Prevent Foreclosure: In September 2003, Ms. Isla E. Wilburn (Borrower) came to the city with a request for a home rehabilitation loan. Upon inspection by the city, it was determined that the house was in extremely poor condition and demolition was recommended. The city approved utilization of HOME Investment Partnership program funds to demolish the existing structure and build a new four-bedroom/three-bathroom home to accommodate the Borrower’s large family, consistent with the city housing strategy that existed at that time. Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0119 The $130,000.00 loan was due for payments beginning in March of 2004. The Borrower immediately fell behind on payments and has remained in default for the life of the loan. The Economic Development and Housing Department restructured the loan in February 2012 by placing the past due payments on the back end of a new modified loan at 2% interest over 22 years. The Borrower committed to keep up the required payments but failed to do so. City staff modified the loan again in August 2015. The balance at modification was $107,771.31. Required payments were $747.06. By November 2015 she was in default again and has remained in default status since. Since August 2015, ten payments totaling $6,302.25 have been received and applied to escrow however available escrow funds have most recently been insufficient to pay for homeowner’s insurance and property taxes. The property taxes are delinquent and to the best of staff’s knowledge, the home is currently uninsured. The borrower is currently 76 payments behind for a total delinquency of $46,352.55, including interest and late fees. The amount due to pay off this loan is currently $119,591.43. The Borrower has received more than 65 past due letters from Housing Division staff requesting payment of the delinquent loan. Staff has had numerous discussions with the Borrower and accepted several promises to pay, both verbal and in writing, few of which have been honored. History of the Policy The Economic Development and Housing Department Affordable Housing Loan Foreclosure and Loan Forgiveness Policy was approved by City Council on June 1, 2017. This is the first request to initiate foreclosure action under the Policy. Housing Division loans that become candidates for foreclosure are triggered by one of two default circumstances: ·A borrower stops making payments and refuses to engage in discussions regarding alternatives to foreclosure. ·Change in ownership - a common condition in all Housing Division loan documents requires the loan balance to be paid in full if the borrower no longer resides in the home as his/her primary residence. APPROPRIATION CODE AND AMOUNT: Item has no impact on the General Fund. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/11/2022 City of Clearwater Economic Development & Housing Department Affordable Housing Loan Foreclosure and Loan Foreclosure Alternative Policy June 1, 2017 The City of Clearwater, through its affordable housing and community development programs, provides a variety of loans to very-low, low and moderate income households and to qualifying businesses. The funds for these loans come from local, state and federal affordable housing and community/economic development grant programs. From time to time, loans issued by the city fall into default status. This policy sets forth the guidelines of an analysis of whether city staff will seek permission from Clearwater City Council to take legal measures to initiate a foreclosure. Prior to initiating a foreclosure, staff will evaluate all reasonably available alternative options to foreclosure. Loan Foreclosure Alternatives Change of Ownership (typically following the death of a borrower) Under the city’s loan programs, the full balance of a loan is due when the borrower no longer resides in the mortgaged home. With written approval from the Director of the Economic Development & Housing Department, the loan may be assumed by a new owner and/or restructured at the city’s discretion if the following requirements are met:  The new owner obtains title to the home and conditions of title are satisfactory to the city.  The new owner meets income-qualifying criteria as determined by the applicable loan program requirements.  The new owner will occupy the home as his/her principal address. If the new homeowner fails to meet all of the aforementioned conditions, but is willing to make payments on the loan, the city will convert the loan to a low-interest loan under the following conditions provided the loan was not funded with HOME program funds:  The proposed loan conversion is allowable under the applicable loan program.  City staff and the new homeowner agree to modified loan terms.  The new interest rate shall not be more than three percent (3%).  The loan balance will be due upon the sale of the home. If staff and the new homeowner are unable to agree on loan payment terms and the new owner of the property is unable or unwilling to pay the balance of the loan in full, the city may seek a deed in lieu of foreclosure; otherwise, city staff will seek City Council approval to initiate foreclosure. If the loan was funded with HOME program funds and the new homeowner does not income-qualify, the city shall recapture the loan balance per HOME program requirements. Failure to recapture funds will be cause for staff to seek City Council approval to initiate the foreclosure process. See attached flow chart titled “Change in Ownership – Loan Balance Due” showing the process staff will follow under a Change in Ownership situation. Nonpayment/Noncompliance If a monetary or non-monetary delinquency or default occurs, city staff will notify the borrower in writing of the delinquency. The notice will also inform the borrower of housing counseling programs that may be available to the borrower. Should borrower fail to respond, city staff will follow the following guidelines:  Borrower will have thirty (30) days to bring the account current, supply the requested information and/or contact city staff.  If borrower fails to respond within thirty (30) days of the date of the first notice, staff will send a second notice.  If borrower fails to respond within thirty (30) days of the date of the second notice, staff will send a third notice.  If borrower fails to respond to the third notice within thirty (30) days, the borrower’s loan will be placed in default status and will accrue charges per the loan documents.  If borrower responds during the notice period and represents a valid hardship preventing borrower from making payments, city staff will evaluate borrower’s circumstances and may grant up to a six-month (6-month) deferral. If the deferral is granted, borrower’s loan will be placed in a “Suspense/Deferred” status and will not accrue late fees during the deferral period. Financial hardships may include but are not limited to the following:  Loss of full-time job or substantial loss of income, through no fault of their own  Death of spouse or partner that substantially reduces household income  Call to duty – U.S. Armed Forces  Loss of value where repayment of the city loan will result in a negative equity situation  Substantial decrease in household income  Temporary or permanent disability that reduces income  Recent divorce that reduces income For those loans that have payments and that are in a Suspense/Deferred status, the City will reevaluate the financial situation of the borrower in six (6) months from the date that the loan was put into Suspense/Deferred status to determine if the borrower is in a position to resume payments. If the borrower is still unable to resume payments after six (6) months, the City will reevaluate the borrower once again at one (1) year from the date that the loan was put in Suspense/Deferred status. If after one (1) year, the borrower is still unable to resume payments, and if a hardship exists that is preventing the borrower from repaying the loan or resuming payments, the City, at its sole discretion, may grant a longer deferment (up to six months). City staff will monitor borrower’s circumstances during the deferment period to confirm that a hardship continues to exist. The city may consider requiring lower payments or converting a payment-type loan into a deferred payment-type loan whereby payment is deferred until such time as the borrower’s financial situation improves or no longer resides at the mortgaged property. Regardless of borrower’s hardship, the full balance of the loan is due upon sale of the home or if borrower no longer resides at the home (refer to “Change of Ownership” section herein). See attached flow chart titled “Loan Default” showing the process staff will follow under a Nonpayment/Noncompliance situation. Deed in Lieu of Foreclosure If city staff and borrower are unable to agree to a workout plan, then city staff will determine whether a deed in lieu of foreclosure is a viable option. A staff analysis will determine the financial feasibility and the condition of the home. If staff determines that a deed in lieu of foreclosure is an acceptable alternative to foreclosure, and borrower is amenable, staff will seek approval from City Council to accept a deed whereby the city takes title to the property and borrower’s loan is forgiven. Foreclosure Foreclosure may occur if the City and borrower (or heir(s)) are unable to come to an agreeable workout plan. Foreclosure is the legal means the City of Clearwater may use to recover the balance of a loan from a borrower who has stopped making payments on a loan, by forcing the sale of the asset used as the collateral for the loan. When this happens, a person must move out of the mortgaged property. If a property is worth less than the total amount owed on the mortgage loan, the City may seek a Deficiency Judgment which may result in the borrower owing the lender an additional debt. Foreclosure will serve as the last resort the City will use when pursuing recovery of loans, delinquent payments and/or required documentation (see Loan Foreclosure Alternative section herein). Housing Division staff will conduct a comprehensive analysis of funding source rules & regulations, financial and other repercussions of a potential foreclosure, and a borrower’s willingness and ability to pay back the loan. For properties encumbered by a Land Use Restriction Agreement (LURA), staff will consult with the City Attorney’s Office to determine potential consequences arising from the LURA if a foreclosure action is taken. Such consequences must be acceptable to staff and allowable under the funding program used to finance the subject loan. Following the staff analysis, the Director of the Economic Development and Housing Department will determine whether to submit a staff recommendation to City Council to initiate a foreclosure. Initiating the foreclosure process requires City Council approval at a duly noticed City Council meeting. If staff determines that alternatives to foreclosure are not adequate and pursuing foreclosure is in the city’s best interest, staff will inform the borrower of the Council Meeting at which staff will seek City Council approval to initiate a foreclosure action. In certain situations, a property may have been foreclosed on without the City of Clearwater, as a debtor, being notified of the foreclosure action. When the City is informed of a foreclosure that has occurred, the Housing Division will notify the City Attorney’s Office and request that they obtain a copy of the Final Summary Judgment. The Legal Department will also confirm that the title to the property has been transferred and that it is no longer in the original borrower’s name. If the property is in the original borrower’s name then the City will pursue recovery. If the City has verified, via Final Summary Judgment and Certificate of Title, that the property has been transferred and is not in the borrower’s name, the City will evaluate legal options on a case-by-case basis. Loan Default Series of 30-day notices Establish loan terms of 6-month suspense/deferral period Placed in default status; charges accrue Notice informing borrower of pending recommendation to City Council to initiate foreclosure Non- Compliance Occurs Borrower Response ? Borrower Response ? NO NO YES Hardship Exist? Borrower claims hardship exists YES NO Modify Loan? Borrower resumes payments per modified loan terms Borrower resumes payments per original loan terms YES YES NO Staff requests City Council authorize staff to initiate foreclosure action Change in Ownership – Loan Balance Due Change in ownership Qualified Owner? Modifica- tion allowed? Loan balance due per terms Can loan be assumed? Loan assigned and assumed, payments resume Negotiate loan modification Owner agree to modified terms? Notice informing owner of pending recommendation to City Council to initiate foreclosure Borrower Response ? Borrower resumes payments per modified loan terms YES YES YES NO YES NO NO NO Debt settle- ment? NO YES Debt settled YES Staff requests City Council authorize staff to initiate foreclosure action NO Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord. 9530-22 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 2772 Westchester Drive N, Clearwater, to vacate a portion of the 5-feet wide platted Drainage and Utility Easement, located on lot 76, Westchester of Countryside, according to the map or plat thereof as recorded in Plat Book 70, Page 44, Public Records of Pinellas County, Florida, and pass Ordinance 9530-22 on first reading. SUMMARY: The property owner at 2772 Westchester Dr., Clearwater, has requested that the City vacate a portion of the 5-feet wide platted Drainage and Utility Easement along the NW property line. The 5 feet side setback will still apply. The purpose of this vacation is to provide space for an A/C equipment pad, garage door stoop, water filtration system and tankless water heater inside of the easement along the side a new addition being built onto the existing structure. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the property owner grants easement or bears expense of facility relocation, if required. The remaining easement will be sufficient for drainage and utility purposes and future city needs. City staff have reviewed this vacation and have no objection. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/11/2022 27732784276627782772276027612767W ESTCHESTER DR N WESTCHESTERDRS2754AERIAL MAP 5' Drainage & Utility Easement(PB70, PG44) ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB SK N.T.S.200A 20-28s-16e01/04/2022Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Vacation of a 5' Drainage & Utility Easement2772 Westchester Dr N Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\PropEasVac_2772WestchesterDr.mxd Legend Existing Easements Easement to be Vacated [RE15-1313-080/282684/1] 1 Ord. No. 9530-22 ORDINANCE NO. 9530-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE 5 FEET WIDE PLATTED DRAINAGE AND UTILITY EASEMENT, LOCATED ON LOT 76, WESTCHESTER OF COUNTRYSIDE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 70, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY; FLORIDA. PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said drainage and utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of the drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Charter/ Spectrum has no objections provided easements for their facilities are retained/granted. 2. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/282684/1] 2 Ord. No. 9530-22 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0096 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order One to Atkins North America, of Tampa, FL, for Lower Spring Branch Stormwater Improvements (14-0048-EN), an increase of $140,250 for a new work order value of $449,294 per Request for Qualifications (RFQ) 18-18; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Lower Spring Branch Stormwater Improvements is identified as Project 1B in the Stevenson Creek Watershed Management Plan (WMP), which was prepared by the City of Clearwater with SWFWMD’s cooperative funding and participation. This project will provide flood relief for approximately 11 homes adjacent to the Creek, removing them from the 100-year floodplain. The construction of this project includes the replacement of bridges at Springtime Avenue, Overlook Avenue, and the addition of larger box culverts under Douglas Avenue. August 14, 2018, City Council approved the initial $309,044 design work order and the Cooperative Funding Agreement between the City of Clearwater, SWFWMD and Pinellas County. The Agreement includes SWFWMD reimbursements to the City and Pinellas County up to 50% of the cost of design and construction with a $1,160,000 maximum to the City and a $500,000 maximum to Pinellas County. Pinellas County will reimburse the City 25% or not to exceed $270,000 of the construction of the Douglas Avenue Crossing. Supplemental work order one includes additional permitting associated with U. S. Army Corps of Engineers requirements and adjustment of the 90% construction plans due to field conditions to save existing trees, preserve access to private property and to correct drainage issues not included in the original scope of work. APPROPRIATION CODE AND AMOUNT: ENST180010-DSGN-PROSVC $140,250 Funding is available in Capital Improvement project ENST180010, Lower Spring Branch Improvements, for the work order. Page 1 City of Clearwater Printed on 2/11/2022 City of Clearwater Consultant Work Order Page 1 of 8 Revised: 10/27/2021 CONSULTANT WORK ORDER Supplement Number 1 Date: 01/27/2022 1. PROJECT INFORMATION: Project Title: Lower Spring Branch Stormwater Improvements Consulting Services City Project Number: 14-0048-EN City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: Atkins (ATKINS) has prepared this Supplemental Work Order Form for the City of Clearwater (CITY) as an addendum to the project’s initial work order. In this Work Order, ATKINS will conduct a cultural resources examination of the existing structures and perform additional design related services for the project design, as requested and/or required by the CITY and permitting agencies. These tasks are enumerated as follows: I. DATA COLLECTION/REVIEW AND FIELD SURVEY: Task 6.1 The CRAS, assessment of effects, and proposed mitigation is intended to comply with the NHPA of 1966 (Public Law 89-665), as amended, and the implementing regulations (36CFR 800) as well as the provisions contained in the revised Chapter 267, Florida Statutes (F.S.)  CRAS: The purpose of the CRAS is to locate, identify, and bound any cultural resources, prehistoric or historic, associated with this project and to assess the significance of these resources in terms of eligibility for listing in the National Register of Historic Places (NRHP) according to criteria set forth in 36 CFR Section 60.4. The CRAS includes both archaeology field survey and historic resources field survey of the Area of Potential Effects (APE), as well as background research, prehistoric overview, historic overview, environmental setting, results, and conclusions. The APE was coordinated with the Corps and SHPO during a teleconference on September 1, 2021. CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 2 of 8 Revised: 10/27/2021 The archaeological APE will include the proposed project footprint where existing bridges will be replaced. The historic APE will include the archaeological APE and the immediately adjacent parcels. We know there are two previously recorded historic bridges and one unrecorded culvert (date unknown). Florida Master Site File (FMSF) forms have been prepared recently for the two bridges so the forms will only be updated if applicable. A new FMSF will be prepared for the box culvert, if it was constructed in 1972 or earlier. II. DRAFT AND FINAL CRAS AND EFFECTS EVALUATION REPORT: Task 6.2: A draft and final CRAS report will be prepared with appropriate documentation detailing the results of the survey and the final assessments of resource significance. The report shall contain a FMSF form on all identified cultural resources. The fee assumption is based on the anticipated completion of nine (9) FMSF forms (One (1) for the box culverts at Douglas Avenue and eight (8) for the Springtime Avenue and Overbrook Avenue bridges.).  Section 106 Assessment of Effects: Since one or both previously recorded bridges could be NRHP eligible, project effects to these historic resources will be evaluated. During the preliminary teleconference with the Corps and SHPO, both agencies agreed that effects could be discussed in the CRAS. The effects evaluation will include a brief discussion about project alternatives considered, including an avoidance alternative. The effects evaluation will explain if the alternatives are feasible and/or viable to meet the project’s purpose and need. Alternatives have already been developed by Atkins (conceptual level) so those are already available.  Submittal: One digital copy of the draft CRAS and Effects Evaluation report shall be provided to the City of Clearwater within two months after NTP is provided to the CONSULTANT. The revised CRAS and Effects Evaluation report shall be provided to the City of Clearwater within two weeks of receipt of comments from the City of Clearwater on the draft report. Additional revisions may be required pending Corps and SHPO reviews. III. COORDINATION AND CONSULTANTION: Task 6.3:  Coordination: The CRAS and Effects Evaluation will be submitted to the City of Clearwater for review. The City of Clearwater or Atkins will then CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 3 of 8 Revised: 10/27/2021 coordinate the CRAS and Effects Evaluation with the Corps who in turn will coordinate with the SHPO. The SHPO has 30 calendar days for review.  Public Involvement: As per Section 106 requirements, any local interested public or agency also needs to have the opportunity to comment on the project, especially if there are NRHP listed or eligible historic properties. In this case, the City of Clearwater and the Pinellas County Historic Preservation offices (for City and for County) and other interested local public should be notified about this project and the outcome of the CRAS. The CONSULTANT will assist the City of Clearwater in this coordination which could be by email, letters, and/or meetings (in person or virtual).  The City of Clearwater shall provide available information on the existing bridges. The City of Clearwater shall coordinate with appropriate agencies and participate on the Section 106 consultation process. IV. DRAFT AND FINAL MEMORANDUM OF AGREEMENT AND HISTORIC AMERICAN ENGINEERING RECORD DOCUMENTION: Task 6.4:  Memorandum of Agreement: If the Corps and the SHPO determine that the project will have an adverse effect on one or more historic properties (NRHP eligible historic resources), mitigation will need to be identified. Mitigation options are identified in consultation with the City of Clearwater, Corps and SHPO. If applicable, a Memorandum of Agreement (MOA) will be prepared to document the agreed upon mitigation. The Corps has an MOA template that can be used as a guide; however, consultation will still be needed between the City of Clearwater, Corps, and SHPO, to agree to the proposed mitigation. The final approval signatures for the MOA generally take two to three months.  Mitigation Implementation: If mitigation is required, the CONSULTANT will prepare the documentation stipulated in the MOA or other conditional no adverse effect agreement. This mitigation will need to be implemented prior to demolition of the existing historic resources (if this is stipulated in the MOA). The mitigation can include preparing HAER documentation for one or both historic bridges but will be specified in the MOA, if applicable. The Corps and SHPO could agree to other types of mitigation such as non-archival photo documentation of the bridge(s).  HAER Documentation: If HAER documentation is required as part of the mitigation for this project, the CONSULTANT shall prepare the HAER CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 4 of 8 Revised: 10/27/2021 documentation package and coordinate with the City of Clearwater, Corps, SHPO and National Park Service (NPS) for review and approval of the HAER documentation prior to demolition of the existing bridge(s). The HAER documentation includes archival black and white large format (4” x 5”) photographs of the bridge(s), as well as a written description and history. The NPS has a set format for preparing HAER documentation and will review the draft HAER submittal before the final HAER package is submitted. The Draft HAER documentation is submitted to the National Park Service (NPS) SE Regional Office in Atlanta and to the SHPO for review. They have 30 calendar days for review. Then edits are made and a final HAER is submitted to the NPS (approximately 1 month) for final approval (another 30 calendar days review) before the bridges can be demolished. The fee assumption is based on the completion of two (2) HAERs being completed at sixty (60) hours per location.  Other types of Mitigation: If other types of mitigation are agreed upon by all agencies (either instead of HAER documentation or in addition to HAER documentation), the CONSULTANT will assist with the implementation of the mitigation. This could include non-archival photographs of the bridge(s) and/or some type of educational documentation.  Bridge Photography: Historic American Engineering Record (HAER) Documentation Photography performed by a subconsultant (Janus Research and Lab). Photographs will be produced for the Springtime Avenue and Overbrook Avenue bridges. All of the work conducted on the survey shall be coordinated with the City of Clearwater. The CONSULTANT will provide contract administration, management services and technical reviews of all work associated with the development and preparation of the Section 106 related documents described in this scope of services.  Submittal: A draft MOA will be prepared based on consultation with the City of Clearwater, Corps and SHPO. The draft MOA will be prepared for review by all agencies within two weeks after consultation. A final MOA will be prepared based on comments received by all agencies during the review. The final MOA will be prepared within two days after all comments are received and provided to the City of Clearwater for signature and coordination with the Corps and SHPO for their signature. The draft HAER documentation will be provided to the City of Clearwater, Corps, SHPO and NPS within two months after NTP for the HAER documentation task. This schedule includes taking archival large format photographs and development of the film and prints at a CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 5 of 8 Revised: 10/27/2021 specialized photo lab (they require special scheduling to develop archival film and prints). The final HAER documentation will be provided within two weeks after comments are received from the City of Clearwater, Corps, SHPO and NPS. V. ADDITIONAL DESIGN RELATE SERVICES: Task 7.1: Additional Project Management, Meetings, and QA/QC This task involves managing the technical tasks, communicating, and coordinating with the CITY staff and, if necessary, subconsultants. ATKINS’s Project Manager will be responsible for overall client satisfaction in all aspects of this Supplemental Work Order including the schedule, deliverables, and quality control. Task 7.2 Springtime Avenue Bridge Renditions ATKINS will provide three renditions of the proposed Springtime Avenue bridge elevation and surface views, inclusive of the upstream (east) elevation, downstream (west) elevation, and surface of the bridge, or up to three (3) requested renditions. Task 7.3 Springtime/Overbrook Avenue Design Alterations ATKINS will design decorative bridge barriers that will closely resemble the existing bridge barriers at the two referenced bridge crossings. Additional drainage features, fencing, and sheet pile retaining walls are anticipated. These specific modifications made to the existing design to accommodate these features will be covered under this task. Task 7.4 Springtime Avenue Tree Preservation ATKINS will analyze and coordinate with the CITY arborist on the upstream bridge headwall and/or wingwalls in attempts to protect and preserve the existing 26” oak tree that is directly adjacent to the existing bridge headwall. Additionally, the design will include protective measures to ensure the preservation of the 51” oak tree located on private property immediately upstream of the existing bridge. The fee associated with this task is based on the design and details of a vinyl sheet pile to minimize future erosion issues only. This will potentially include, but not limited to, soil stabilization, tree barricading, detailed root pruning specifications, etc. CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 6 of 8 Revised: 10/27/2021 Task 7.5 100% Design Construction Plans – Restructuring of Plan Set ATKINS will restructure the existing 100% Design Construction Plans to conform to phasing requirements for permitting. This will comprise two packages. Task 7.6 Permitting Upon completion of the aforementioned project changes, ATKINS will resubmit all required documentation to the applicable permitting agencies for review. Any request(s) for additional information (RAI) from said agencies will be addressed until issuance of all required permits. Task 7.7 Modeling ATKINS will update the proposed conditions model to reflect any changes to the proposed project design. Additionally, ATKINS will create, execute, and analyze multiple model scenarios that will exclude the replacement of the Springtime Avenue bridge. These scenarios will be inclusive of the Overbrook Avenue bridge replacement and the upsizing of the double box culvert at the Douglas Avenue/Lower Spring Branch crossing. If required, flow restrictor plates will be sized and added to the Douglas Avenue double box culvert to eradicate any impacts that may arise from not replacing the Springtime Avenue bridge. 3. PROJECT GOALS: Provide a Cultural Resource Assessment Survey for submission of a Section 106 National Historic Preservation to the Corps and SHPO for processing. The constructions will require some revisions based on comments by adjacent property owners. 4. FEES: This price includes all labor and expenses anticipated to be incurred by ATKINS for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate Percentage of Completion, for a fee not to exceed One Hundred Forty Thousand Two Hundred Fifty Dollars ($140,250). Any additional permit application fees will be paid by the City. CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 7 of 8 Revised: 10/27/2021 5. SCHEDULE: The project is to be completed in 396 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT: Atkins Project Manager will be Daniel Parsons and City’s Project Manager is Douglas Seaman 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Daniel Parsons Daniel.Parsons2@atkinsglobal.com 1 (813) 281-4856 All City project correspondence shall be directed to: Douglas Seaman Douglas.Seaman@MyClearwater.com 727-562-4581 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: ENST180010-DSGN-PROSVC For work performed, invoices shall be submitted monthly to: ATTN Stephanie Sansom, Division Controller 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. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). CONSULTANT WORK ORDER Lower Spring Branch Stormwater Improvements ATKINS 14-048-EN City of Clearwater Consultant Work Order Page 8 of 8 Revised: 10/27/2021 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. 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. 11. ADDITIONAL CONSIDERATIONS: None. 12. SPECIAL CONSIDERATIONS: None. 13. SIGNATURES: PREPARED BY: APPROVED BY: Daniel Parsons Tara Kivett, P.E. Project Manager City Engineer ATKINS City of Clearwater Date Date ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Lower Spring Branch Stormwater Improvements ATKINS 14-0048-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 2 Revised: 10/27/2021 SUPPLEMENTAL WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 6 Cultural Resources 6.1 Data Collection/Review and Field Survey $4,200 $4,200 6.2 Draft and Final CRAS and Effects Evaluation Report $19,216 $19,216 6.3 Coordination and Consultation $6,500 $6,500 6.4 Draft and Final Memorandum of Agreement and Historic American Engineering Record Documentation $20,000 $15,574 $35,574 7 Additional Design Related Services 7.1 Additional Project Management, Meetings, and QA/QC $12,460 $12,460 7.2 Springtime Avenue Bridge Renditions $9,120 $9,120 7.3 Springtime/Overbrook Avenue Design Alterations $13,450 $13,450 7.4 Springtime Avenue Tree Preservation $10,760 $10,760 7.5 100% Design Construction Plans – Restructuring of Plan Set $8,560 $8,560 7.6 Permitting $13,800 $13,800 7.7 Modeling $6,610 $6,610 Grand Total: $140,250 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Lower Spring Branch Stormwater Improvements ATKINS 14-0048-EN City of Clearwater Consultant Work Order – City Deliverables Page 2 of 2 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. N BETTY LN DOUGLAS AVE OVERBROOK AVE SUNSET POINT RD PINELAND DR SYLVAN DR SPRINGTIME AVE N WASHINGTON AVE VISTA WAY STEVENSO N AVE COLES RD ALOHA LN JADE AVE FU L L ER DR BROOK RD SHERIDAN RD CHENANGO AVE MACOMBER AVE SYLVAN DR HARBORDR CAROLYN LN SANDY LN MARY L RDSPRINGTIME AVE SPRINGTIME AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.260B 03-29s-15e01/27/22Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: LOWER SPRING BRANCHSTORMWATER IMPROVEMENTSPROJECT # 14-0048-EN STEVENSON CREEK Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\LowerSpringBranch14_0048_EN.mxd 11PROJECTLOCATIONS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0102 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve a purchase order to Duke Energy for lighting within Imagine Clearwater (17-0031-EN) in the amount of $299,650.25 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: July 15, 2021, City Council approved GMP #3 for $55,370,250 from Skanska to perform the primary park construction including hardscaping, building construction, and landscaping . Previous council approvals included GMPs 1 and 2 for the relocation of Duke infrastructure, demolition and sitework for a total $69,923,152 construction contract. Duke Energy will be providing much of the site lighting within the park and has designed the lighting program in close coordination with the Imagine Clearwater project engineer, Stantec Inc. and city staff. This purchase order covers the cost of the installation of this lighting program. Duke will maintain their new lighting. This Duke cost was included in the overall Imagine Clearwater budget previously shared with Council. Lighting provided by another vendor would result in higher costs, including maintenance and a higher billing rate for actual electrical usage. Duke is the sole electrical utility provider in this area. Completion of the overall project is scheduled for summer of 2023. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-CNSTRC $299,650.25 Funds are available in capital improvement project ENGF180013, Imagine Clearwater, to fund the purchase order. Page 1 City of Clearwater Printed on 2/11/2022 Lighting Estimate Mike Witz / Duane Young WR See below Mike Witz (727) 514-2831 Scope of Request Customer:City of Clearwater Account:9249316835 Premise Coachmen Park area Contact: Mike Witz Phone: (727) 514-2831 REMOVALS Quantity Product Description Fixtures and Poles Rental Maint.F & E Unit Total 44 22' SANIBEL SNGL 472 DO NOT USE FOR NEW INSTALLS EFF 12/2020 $14.25 $0.00 $0.00 $14.25 $627.00 6 50W LED Mitchell Top Hat Ribs Bands Medallion Type III 3K Blk 261 $18.24 $1.39 $1.36 $20.99 $125.94 6 16' WASHINGTON DUAL BLK 467 $13.29 $0.00 $0.00 $13.29 $79.74 7 16' SANIBEL DBL 407 DO NOT USE FOR NEW INSTALLS EFF 12/2020 $12.31 $0.00 $0.00 $12.31 $86.17 8 220W LED Roadway, UG 139 $8.68 $1.39 $5.45 $15.52 $124.16 51 Holiday Rec Riser 519 $3.12 $0.00 $0.00 $3.12 $159.12 58 70W LED Sanibel Black 106 $17.55 $1.39 $1.79 $20.73 $1,202.34 $0.00 $0.00 $0.00 $0.00 Rental, Maintenance, F&E Totals:$2,148.81 $100.08 $155.58 $2,404.47 INSTALLS Quantity Product Description Fixtures and Poles Rental Maint.F & E Unit Total 13 16' BLACK COLONIAL 6" TENON QSM 536 $12.37 $0.00 $0.00 $12.37 $160.81 107 22FT BLACK COLONIAL 6" TENON QSM 533 $16.16 $0.00 $0.00 $16.16 $1,729.12 44 16' DB ALUMINUM TENON BLACK 441 $3.99 $0.00 $0.00 $3.99 $175.56 107 Holiday Rec Festoon Blk 523 $4.01 $0.00 $0.00 $4.01 $429.07 44 Holiday Rec Brkt Post Top Blk 526 $3.99 $0.00 $0.00 $3.99 $175.56 2 30' PROMENADE, Black W/O Adapter 506 $19.38 $0.00 $0.00 $19.38 $38.76 133 50W LED Sanibel Type III 3K QSM Blk 246 $17.55 $1.39 $1.22 $20.16 $2,681.28 44 50W LED Enterprise 3K, Type III 237 $14.18 $1.39 $1.22 $16.79 $738.76 2 110W LED Roadway Black 172 $5.85 $1.39 $2.72 $9.96 $19.92 Rental, Maintenance, F&E Totals:$5,678.65 $248.81 $221.38 Monthly rates are subject to tariff rate changes $6,148.84 Choose $299,650.25Choose Estimates valid for 30 days and subject to change.One *$4,764.44 Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charges. CIAC - The one time invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal and payment is due before the work can be released to scheduling of construction. *MLDF - This Monthly Lighting Distribution Fee will be billed to you seperately each month is 1.59% of the Underground or Overhead Service feed and pole installation. Authorized Signature Date (Please sign and date to approve this proposal and return to the mailing address above) Thank you for your lighting request. We look forward to working with you on this project. Estimated Monthly Rental In order for us to proceed with the above proposed lighting design we will need an authorized signature on this proposal and any other required documents enclosed. Do not remit payment with this form and do not fax. Return these signed documents to the mailing address above or email the color scanned PDF if instructed. OR Choose ONE Option by Checking a Box Above CIAC ONE TIME PAYMENT MLDF MONTHLY PAYMENT 2166 Palmetto St. Clearwater, Fl 33765 Project Details Per Unit Sub-Total January 20, 2022 Per Unit Sub-Total Existing Estimated Monthly Rental Scope of Request WO 40495957 Removals and re-feed in construction area WO 40695371 Removal and install 5 lights on the south of Cleveland to match WO 40623670, WO 43623672 and WO 40623675 for install of new lights in construction area Phone: Address: DE Contact: The CIAC or MLDF charge is subject to change after 30 days or in the event you request or cause any changes to this proposal. Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense. If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district, MSTU or MSBU special assessment program, please verify that these facilities & charges meet the requirements within that jurisdiction. Should the agency not accept these facilities & charges into their program, the entity who signs the Lighting Service Contract will remain responsible for payment. DREW ST PIERCE ST CLEVELAND ST N OSCEOLA AVE MEMORI ALCSWYS OSCEOLA AVE LAURA ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CC N.T.S.286B 16-29s-15e11/27/2019Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Imagine Clearwater Boundary Document Path: C:\Users\james.benwell\City of Clearwater\Engineering Geographic Technology - Location Maps\ImagineClearwaterBoundary.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0111 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities over a portion of the Seminole Boat Ramp at 302 Seminole Street and authorize the appropriate officials to execute same. (consent) SUMMARY: The proposed Distribution Easement will provide Duke Energy with the property rights necessary to construct and maintain its electric equipment within the easement. The Engineering Department supports conveyance of the Distribution Easement. Page 1 City of Clearwater Printed on 2/11/2022 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC:09 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: SEMINOLE ST. BOAT RAMP GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 302 SEMINOLE ST., CLEARWATER A PORTION OF TAX PARCEL NUMBER: 09-29-15-02718-000-0190 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: See legal description on the accompanying Exhibits “A” and “B” attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities [A05-00152 /270667/1] to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises identified in Exhibit “A” in which a portion of the above described Easement Area is located, (b) that GRANTOR grants the easement as to the premises identified in Exhibit “B” only as it’s interests may appear, but does not warrant title thereto, (c) that GRANTOR has full right and lawful authority to grant and convey the easement to GRANTEE as to the area identified in Exhibit “A”, but conveys the easement over the area identified in Exhibit “B” only as GRANTOR’s interests may appear, without warranty of title, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement subject to the qualifications set forth as to the Easement Area contained in Exhibit “B”. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. Remainder of this page intentionally left blank [A05-00152 /270667/1] IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2022. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor Jon Jennings, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2022, by Frank Hibbard and Jon Jennings, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ ””“” ” ”” ” ” “” ” ” “” ” ” ” ”” ” “” Survtech Solutions,Inc. Seminol e S t r e e t 30' Un-named AlleyOsceola AvenueSeminol e S t r e e t Survtech Solutions,Inc. Survtech Solutions,Inc. Survtech Solutions,Inc. ””“” ” ”” ” ” “” ” ”“ ” ” ” ” ”” ” ”“ ” 30' Un-named AlleyOsceola AvenueSeminol e S t r e e t Semino l e S t r e e t Survtech Solutions,Inc. Survtech Solutions,Inc. SEMINOLE ST N OSCEOLA AVE ELDRIDGE ST AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.277B 09-29s-15e01/28/22Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Duke Energy EasementSeminole Boat Ramp Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\Aerial_SBR_DukeEas.mxd Proposed 15' Duke Energy Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0116 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Approve a proposal to Construction Manager at Risk Biltmore Construction Co., Inc of Belleair, Florida, in the amount of $105,485.43 for 400 and 500 blocks of the Cleveland Street closure to provide and install removable traffic control devices to protect the commercial seating areas while still providing access when necessary, pursuant to RFQ 40-20 Construction Manager at Risk Services for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: August 19, 2021, City Council approved the indefinite closure of certain portions of Cleveland Street, to public motorized vehicles; specifically, approving the closure of Cleveland Street from the East boundary of S. Osceola Avenue to the West Boundary of S. Ft. Harrison Avenue, and from the East bound of S. Ft Harrison Avenue to the West boundary of S. Garden Avenue; retaining an open roadway for one-way vehicular access from Watterson Avenue onto and along Westbound Cleveland Street. Scope of work for this proposal includes installation of 24 stainless steel removable bollards, 24 flexible delineator posts and 13 square planters at entrance and exist locations at intersections on the 400 and 500 blocks of Cleveland St. On September 17, 2020, Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen firms with Biltmore Construction Co., Inc., being one of the thirteen firms selected. These costs are planned to be reimbursed by the CRA, either partial or in full. A future agenda item will be brought to the CRA Trustees for discussion/approval. APPROPRIATION CODE AND AMOUNT: ENGF180003-CONS-CNSTRC $105,485.43 Funds are available in Capital Improvement project ENGF180003, Miscellaneous Engineering, to fund this proposal. Page 1 City of Clearwater Printed on 2/11/2022 1055 Ponce de Leon Boulevard  Belleair, FL 33756  Ph: 727.585.2084  Fax: 727.585.2088 Date: January 20, 2022 TO: Mr. Omar Atallah City of Clearwater – Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: 400 and 500 Blocks of Cleveland Street As requested, the Guaranteed Maximum Price to close the 400 and 500 blocks of Cleveland Street to vehicular /motorized traffic to expand outdoor seating in response to requests from local business owners, also provide and install 24 each 4” stainless steel removable bollards, 24 each 3” flexible delineator posts and 13 each Rhinoguard square planters to protect the commercial seating areas while still providing access when necessary is ONE HUNDRED FIVE THOUSAND, FOUR HUNDRED EIGHTY- FIVE and 43/100 ($ 105,485.43). Description Amount Cost of Work (G.A. Nichols Company) Cost of Work (Marshalls) $ 27,050.00 $ 56,625.43 Work Subtotal $83,675.43 General Conditions $630.00 General Requirements $ 10,370.00 Liability Insurance Performance & Payment Bond $ 1,150.00 N/A Contingency (3% of $ 83,675.43) $ 2,510.00 Subtotal $ 98,335.43 OH&P (6% of $98,335.43) $ 5,900.00 Preconstruction Services Fee $ 1,250.00 Guaranteed Maximum Price $ 105,485.43 Note: Irrigation and plantings are excluded. Project duration shall be Twenty-Eight (28) calendar days from receipt of planters and bollards and the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on August 21, 2020, based on RFQ #40-20. 1055 Ponce de Leon Boulevard  Belleair, FL 33756  Ph: 727.585.2084  Fax: 727.585.2088 IF GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Builder’s Risk Insurance is excluded. Plan review and permit fees are to be waived by the City of Clearwater. Limited Maintenance of Traffic (M.O.T.) is included. Due to the limited Scope of Work we have included part-time supervision. Code: ENGF180003-CONS-CNSTRC For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Biltmore Construction Co., Inc By: _________________________________ Vito DiRuggiero Vice President _____________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: ____________________________ By: _______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Countersigned: ____________________________ ___________________________________ Frank Hibbard Jon P. Jennings Mayor City Manager ____________________________ ___________________________________ Date Date Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Res. 22-07 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Request FDOT to limit safety concerns on Drew Street by lowering the speed limit on Drew Street from Saturn to Myrtle Avenues and adopt Resolution 22-07. SUMMARY: City council expressed safety concerns, conveyed from residents, along the Drew Street corridor at the January 18, 2022, council meeting and expressed interest in adopting a resolution urging FDOT to lower the speed limit on Drew Street, Myrtle to Saturn Avenues (segment of Drew St with four narrow lanes). Page 1 City of Clearwater Printed on 2/11/2022 Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\DrewSt Corridor.mxd AERIAL MAP Prepared by: Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Page 1 of 1 Drew St Corridor N Myrtle Ave to N Saturn Ave Aerial Flown 2019 ² N.T.S.Scale:CRMMap Gen By:TMReviewed By:Date:1/25/2022 DREW STN MYRTLE AVEN SATURN AVECLEARWA T E R COUNTRY C L U B GOLF COU R S E CREST LA K E PARK GLEN OAK S PARK C.S.X. RAILROAD N HIGHLAND AVEN MARTIN LUTHER KING JR AVECLEVELAND ST S MISSOURI AVECOURT ST GULF TO BAY BLVD PALMETTO ST Resolution No. 21-07 RESOLUTION NO. 22-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, RECOGNIZING THAT A CERTAIN PORTION OF DREW STREET IN CLEARWATER IS WITHIN FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JURISDICTION, RECOGNIZING CERTAIN SAFETY CONCERNS WITHIN SAID PORTION OF DREW STREET, HEREBY REQUESTING FDOT TAKE APPROPRIATE ACTION TO RESOLVE SUCH SAFETY CONCERNS AS MORE PARTICULALRY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater City Council (“Council”) recognizes that its authority and resulting control over state roads is preempted by section 316.006(2)(a), Florida Statutes; and WHEREAS, a portion of Drew Street from the East boundary of N. Saturn Avenue to the West boundary of N. Myrtle Avenue is a state road; and WHEREAS, said portion of Drew Street creates certain safety concerns due to narrow travel lanes, lack of enhancements to protect road users, and a lack of multimodal infrastructure; and WHEREAS, general, statistically robust research on speed and crash occurrence definitively indicates that, all other factors being equal, increased speeds increase crash occurrence; and WHEREAS, the Council recognizes the urgent need to address such safety concerns which have resulted in 46 reported crashes in 2021; and WHEREAS, in addition, local residents have repeatedly requested action to improve pedestrian and driver safety and an overall quality of life in the subject area; and WHEREAS, having jurisdiction over said road, the FDOT is in the design phase of a roadway improvement project to be completed by the end of 2024, with construction expected to begin in 2025; and WHEREAS, Council hereby urges the FDOT to take immediate, appropriate action to reduce the speed limit of vehicular traffic as currently posted at 40 MPH on the road segment as described above; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: [GM07-1310-004/283784/1] Section 1. The Clearwater City Council, by passage of this resolution, requests and urges the FDOT to reduce the posted speed limit for vehicular traffic to 35 MPH along Drew Street from the East boundary of N. Saturn Avenue to the West boundary of N. Myrtle Avenue. Section 2. The City Clerk is directed to provide copies of this resolution to FDOT officials as is directed by the City Council. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this __th day of February 2022. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0112 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a proposal from Biltmore Construction Company, Inc., of Belleair, FL, at the Guaranteed Maximum Price (GMP) of $8,346,771 for the construction of the Fire Station 46 (18-0028-FD), pursuant to Request for Qualifications (RFQ) 18-20, and authorize the appropriate officials to execute same. (consent) SUMMARY: Fire Station 46, located at the north end of Mandalay Park on Clearwater Beach, was built in 1964 and no longer meets the operational needs of the Clearwater Fire Department. January 2020 the City issued RFQ 18-20 for CMAR firms for Fire Station 46. The RFQ committee selected Biltmore Construction. November 5, 2020, City Council approved the selection of Biltmore followed by the City Manager’s approval of preconstruction phase services with Biltmore for $88,990. June 3, 2021, City Council authorized Biltmore to construct a temporary fire station on the south end of McKay Park in the amount of $338,914 and approved the CMAR Agreement. Construction of the new Fire Station 46 will require demolition of the existing fire station and the City’s Parks & Recreation maintenance garage. This CMAR proposal is for the construction of a new fire station that will also house a 1,500 sq. ft. maintenance bay for the City’s Parks & Recreation Department. The new station will include a wide variety of sustainability features, including, solar PV array, rain garden, reflective roof, bird safe glass, and natural gas appliances and emergency generator. Architectural details allow the building to meet the criteria for Beach by Design and provide a facility that is in harmony with the beach community while being fully Florida Building Code, ADA and FEMA compliant. Clearwater Fire contracts with Pinellas County to provide Fire and Emergency Services within the Clearwater Fire and Rescue District. As part of this agreement, approximately 11.36% of project costs for this new station will be reimbursed by Pinellas County. At the request of Engineering Storm Maintenance, stormwater improvements will be made at the southwest corner of Mandalay and Bay Esplanade intersection to resolve a reoccurring drainage problem. Construction of the new fire station is expected to begin in April 2022 and is scheduled to be completed the summer of 2023. Upon completion and commissioning of the new fire station, the temporary station will be dismantled, and the site returned to park space. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0112 FD00190001-CONS-CNSTRC $8,346,771 Funds are available in the amount of $4,992,077.53 in Capital Improvement project FD00190001, Fire Station 46-Beach, to fund the proposal. A first quarter budget amendment will provide a transfer of $44,000 in Stormwater revenue from capital project ENST180005, Coastal Basins; a budget increase of $1,134,000 to recognize County Reimbursement Revenues; and an allocation of $2,800,000 of General Fund reserves transferred to capital project FD00190001, Fire Station 46 - Beach, to fund the project. USE OF RESERVE FUNDS: Additional funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $2,800,000 to capital improvement project FD00190001, Fire Station 46 - Beach. Inclusive of this item if approved, a net total of $3,516,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $50.2 million, or 30.5% of the current General Fund operating budget . Page 2 City of Clearwater Printed on 2/11/2022 Guaranteed Maximum Price Proposal City of Clearwater Fire Station No. 46 February 2, 2022 (Rev5) 546 Mandalay Ave, Clearwater Beach, FL 33767 BCC Project No. 999 COC Project No. 18-0028-FD City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 1 TABLE OF CONTENTS  Article 1 – Guaranteed Maximum Price (GMP) Proposal  Project Summary  Exhibit A – Enumeration of Contract Documents  Exhibit B – Allowances  Exhibit C – Assumptions and Clarifications  Exhibit D – Guaranteed Maximum Price Breakdown  Exhibit E – Construction Schedule  Exhibit F – Design Alternates City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 2 ARTICLE 1 - Guaranteed Maximum Price (GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein, for the Guaranteed Maximum Price (GMP) of: Eight million three hundred forty-Six thousand seven hundred seventy-one and 00/100 Dollars ($8,346,771.00). This Price is for the performance of the Work as described herein and in accordance with the Contract Documents and Exhibits A through Exhibit F. This Guaranteed Maximum Price (GMP) proposal must be accepted in writing by the City of Clearwater on or before February 28, 2022, after said date, this Guaranteed Maximum Price (GMP) proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. By acceptance of the GMP and issuance of a Contract Amendment, the City of Clearwater hereby incorporates the GMP into the Agreement between Owner and Construction Manager. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 3 PROJECT SUMMARY Clearwater Fire Station 46 546 Mandalay Ave Clearwater, FL. 33767 Demolition of existing Fire Station 46, and construction of a new 2 Bay, approximately 11,000 gross square foot fire station including a 1,500 sqft Parks & Recreation Maintenance Bay. Construction of Fire Station 46 is in accordance with 2020 Florida Building Code, design windspeed 157 mph (Vult). The structure will be composed of a heavy structural mat foundation eliminating the need for driven piles. The site will be enhanced with updated utility service connections to the new building, new sidewalks, driveway, and drainage, as well as a fully landscaped site. Sustainability features include a roof top thin film solar photo voltaic array, rain garden with native landscaping & educational signage, reflective TPO roof, natural gas appliances and standby generator, bike racks, and low energy lighting, plumbing and mechanical systems. The building exterior will include new impact resistant storefront system, exterior glazing compliant with FDEP turtle safe ordinance, and bird safe glass silkscreen pattern on South facing elevation. The new living quarters will feature ten new dorm rooms, exercise room, kitchen, dining, dayroom, as well as an outdoor patio. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 4 EXHIBIT A – Enumeration of Contract Documents Contract Documents include: the Drawings, Specifications, Addenda (Construction Documents), the Agreement, General Conditions, Supplementary Conditions as expressly noted herein, and this Exhibit A, as well as the Guaranteed Maximum Price (GMP) Proposal in its entirety. This GMP Proposal is expressly recognized as a Contract Document since it forms the basis upon which the Guaranteed Maximum Price is based. As such, in the event there is any disagreement, conflict, or ambiguity between the GMP Proposal and any other Contract Document, the GMP Proposal shall govern. The Owner’s issuance of any Notice to Proceed, Purchase Order, or any other written directive or instructions to proceed with the Work, after this signed GMP Proposal has been delivered by Biltmore to the Owner, shall constitute an express acceptance of the foregoing Enumeration of Contract Documents and the enforceability thereof. • Report of Geotechnical Exploration prepared by Gulf Coast Testing Laboratory, Inc. dated September 21, 2020. • Demolition Asbestos Survey (Existing Fire Station 46 Building) prepared by I.B.C. Engineering-Environmental & Construction, LLC dated June 2, 2020. • Demolition Asbestos Survey (Parks & Recreation Building) prepared by I.B.C. Engineering-Environmental & Construction, LLC dated May 10, 2021. • Addendum # 1 dated September 29,2021 that revised Specification Section 075423 “Thermoplastic Polyolefin (TPO) Roofing” and drawing details and roofing notes requiring XPS insulation is excluded; EPS insulation will be provided. The original specification for standard 20 PSI polyisocyanurate will be provided. • Master Consulting Engineers, Inc. Alternatives Narrative and accompanying structural drawings are included for reference only. Alternate pricing is shown in Exhibit F, Item # 6 and # 7. • Highlighted portion of Drawing C-3 of 8 “Drainage Plan” showing certain storm work along Bay Esplanade is to be performed by the City is excluded. Alternate pricing is shown in Exhibit F, Item # 9. See Attached Exhibit A Enumeration of Documents Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name 00 - Procurement/Contractin 00 0000 City of Clearwater Specs 1 9/7/2021 9/9/2021 Permit Set 09/07/21 00 - Procurement/Contractin 00 0001 Geotechnical Report 06/18/20 0 9/7/2021 9/9/2021 Permit Set 09/07/21 00 - Procurement/Contractin 00 0002 Asbestos Survey for Demolition 060220 (Existing FS46 Bldg)0 6/2/2020 00 - Procurement/Contractin 00 0003 Asbestos Survey for Demolition 090721 (Parks n Rec Bldg)0 9/7/2021 00 - Procurement/Contractin 00 0110 Table of Contents 1 9/29/2021 9/30/2021 Addendum 1 01 - General Requirements 01 1000 Summary 1 9/29/2021 9/30/2021 Addendum 1 01 - General Requirements 01 2300 Alternates 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 2500 Substitution Procedures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 2600 Contract Modification Procedures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 2900 Payment Procedures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 3100 Project Management and Coordination 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 3200 Construction Progress Documentation 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 3233 Photographic Documentation 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 3300 Submittal Procedures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 4000 Quality Requirements 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 4200 References 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 5000 Temporary Facilities and Controls 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 6000 Product Requirements 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 7300 Execution 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 7700 Closeout Procedures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 7823 Operation and Maintenance Data 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 7839 Project Record Documents 0 9/7/2021 9/9/2021 Permit Set 09/07/21 01 - General Requirements 01 7900 Demonstration and Training 0 9/7/2021 9/9/2021 Permit Set 09/07/21 03 - Concrete 03 2900 Under-Slab Vapor Barrier/Retarder 0 9/7/2021 9/9/2021 Permit Set 09/07/21 03 - Concrete 03 3000 Cast-in-Place Concrete 0 9/7/2021 9/9/2021 Permit Set 09/07/21 03 - Concrete 03 3543 Polished Concrete Floors 0 9/7/2021 9/9/2021 Permit Set 09/07/21 04 - Masonry 04 2000 Unit Masonry 0 9/7/2021 9/9/2021 Permit Set 09/07/21 04 - Masonry 04 2300 Reinforced Unit Masonry 0 9/7/2021 9/9/2021 Permit Set 09/07/21 05 - Metals 05 1000 Structural Steel 0 9/7/2021 9/9/2021 Permit Set 09/07/21 05 - Metals 05 2100 Steel Joists 0 9/7/2021 9/9/2021 Permit Set 09/07/21 05 - Metals 05 3000 Metal Decking 0 9/7/2021 9/9/2021 Permit Set 09/07/21 05 - Metals 05 5000 Metal Fabrications 1 9/29/2021 9/30/2021 Addendum 1 05 - Metals 05 5213 Pipe and Tube Railings 0 9/7/2021 9/9/2021 Permit Set 09/07/21 05 - Metals 05 7300 Decorative Metal Railings 0 9/7/2021 9/9/2021 Permit Set 09/07/21 06 - Wood/Plastics/Composi 06 1000 Rough Carpentry 0 9/7/2021 9/9/2021 Permit Set 09/07/21 06 - Wood/Plastics/Composi 06 1533 Plastic Decking 0 9/7/2021 9/9/2021 Permit Set 09/07/21 06 - Wood/Plastics/Composi 06 1600 Sheathing 0 9/7/2021 9/9/2021 Permit Set 09/07/21 06 - Wood/Plastics/Composi 06 4116 Plastic-Laminate-Faced Architectural Cabinets 1 9/29/2021 9/30/2021 Addendum 1 07 - Thermal and Moisture P 07 1813 Pedestrian Traffic Coatings 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 2100 Building Insulation 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 2119 Foamed-In-Place Insulation 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 2713 MODIFIED BITUMINOUS SHEET AIR BARRIERS 0 9/29/2021 9/30/2021 Addendum 1 07 - Thermal and Moisture P 07 2726 Fluid-Applied Membrane Air Barriers 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 4293 Soffit Panels 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 4646 Fiber-Cement Siding 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 5423 Thermoplastic-Polyolefin (TPO) Roofing 1 9/29/2021 9/30/2021 Addendum 1 07 - Thermal and Moisture P 07 6200 Sheet Metal Flashing and Trim 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 7100 Roof Specialties 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 7200 Roof Accessories 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 8413 Penetration Firestopping 0 9/7/2021 9/9/2021 Permit Set 09/07/21 07 - Thermal and Moisture P 07 9200 Joint Sealants 1 9/29/2021 9/30/2021 Addendum 1 08 - Openings 08 1113 Hollow Metal Doors and Frames 0 9/7/2021 9/9/2021 Permit Set 09/07/21 08 - Openings 08 1416 Flush Wood Doors 1 9/29/2021 9/30/2021 Addendum 1 08 - Openings 08 3323 Overhead Coiling Doors 0 9/7/2021 9/9/2021 Permit Set 09/07/21 08 - Openings 08 3613 Sectional Doors 0 9/7/2021 9/9/2021 Permit Set 09/07/21 1 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name 08 - Openings 08 4113 Aluminum-Framed Entrances and Storefronts 0 9/7/2021 9/9/2021 Permit Set 09/07/21 08 - Openings 08 7100 Door Hardware 0 9/7/2021 9/9/2021 Permit Set 09/07/21 08 - Openings 08 7913 KEY STORAGE EQUIPMENT 0 9/29/2021 9/30/2021 Addendum 1 08 - Openings 08 8000 Glazing 1 9/29/2021 9/30/2021 Addendum 1 08 - Openings 08 9119 Fixed Louvers 1 9/29/2021 9/30/2021 Addendum 1 09 - Finishes 09 2216 Non-Structural Metal Framing 0 9/7/2021 9/9/2021 Permit Set 09/07/21 09 - Finishes 09 2400 Portland Cement Plastering (Stucco)1 9/29/2021 9/30/2021 Addendum 1 09 - Finishes 09 2900 Gypsum Board 1 9/29/2021 9/30/2021 Addendum 1 09 - Finishes 09 3013 Ceramic Tiling 0 9/7/2021 9/9/2021 Permit Set 09/07/21 09 - Finishes 09 3016 Sheet Membrane Waterproofing and Crack Isolation 0 9/7/2021 9/9/2021 Permit Set 09/07/21 09 - Finishes 09 5113 Acoustical Panel Ceilings 1 9/29/2021 9/30/2021 Addendum 1 09 - Finishes 09 6513 Resilient Base and Accessories 0 9/7/2021 9/9/2021 Permit Set 09/07/21 09 - Finishes 09 6566 Resilient Athletic Flooring 0 9/7/2021 9/9/2021 Permit Set 09/07/21 09 - Finishes 09 9100 Painting 0 9/7/2021 9/9/2021 Permit Set 09/07/21 10 - Specialties 10 1400 Signs 0 9/7/2021 9/9/2021 Permit Set 09/07/21 10 - Specialties 10 2600 Wall and Door Protection 0 9/7/2021 9/9/2021 Permit Set 09/07/21 10 - Specialties 10 2800 Toilet Accessories 0 9/7/2021 9/9/2021 Permit Set 09/07/21 10 - Specialties 10 4400 Fire Protection Specialties 0 9/7/2021 9/9/2021 Permit Set 09/07/21 10 - Specialties 10 9050 Miscellaneous Specialties 1 9/29/2021 9/30/2021 Addendum 1 11 - Equipment 11 2300 Commercial Laundry Equipment 0 9/7/2021 9/9/2021 Permit Set 09/07/21 11 - Equipment 11 3100 Residential Appliances 0 9/7/2021 9/9/2021 Permit Set 09/07/21 12 - Furnishings 12 2413 Roller Window Shades 0 9/7/2021 9/9/2021 Permit Set 09/07/21 12 - Furnishings 12 3661 Simulated Stone Countertops 0 9/7/2021 9/9/2021 Permit Set 09/07/21 12 - Furnishings 12 4816 Floor Mats and Frames 0 9/7/2021 9/9/2021 Permit Set 09/07/21 12 - Furnishings 12 9300 Site Furnishings 0 9/7/2021 9/9/2021 Permit Set 09/07/21 14 - Conveying Equipment 14 4200 Vertical Lifts 0 9/7/2021 9/9/2021 Permit Set 09/07/21 21 - Fire Suppression 21 0500 Common Work Results for Fire Suppression 0 9/7/2021 9/9/2021 Permit Set 09/07/21 21 - Fire Suppression 21 0517 Sleeves and Sleeve Seals for Fire-Suppression Piping 0 9/7/2021 9/9/2021 Permit Set 09/07/21 21 - Fire Suppression 21 0518 Escutcheons for Fire Suppression Piping 0 9/7/2021 9/9/2021 Permit Set 09/07/21 21 - Fire Suppression 21 0553 Identification for Fire-Suppression Piping and Equipment 0 9/7/2021 9/9/2021 Permit Set 09/07/21 21 - Fire Suppression 21 1313 WET-PIPE SPRINKLER SYSTEMS 1 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 0523 Valves, Cocks and Specialties for Plumbing Systems 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 0553 Identification of Systems and Equipment 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 0700 Insulation for Plumbing Systems 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 1113 Water Distribution Piping 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 1119 Domestic Cold & Hot Water Supply Piping & Hot Water Circulating Pipi 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 1316 Sanitary Sewer, Storm Water & Sanitary Vent Piping 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 1317 Cleanouts and Cleanout Access Covers 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 1600 Natural Gas Piping System 0 9/7/2021 9/9/2021 Permit Set 09/07/21 22 - Plumbing 22 3400 Fuel-Fired Domestic Water Heaters 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0100 General Mechanical Provisions 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0500 Basic Mechanical Materials and Methods 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0515 Instructions and Maintenance Manuals 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0518 Piping Condensate Drain 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0529 Hangers and Supports 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0535 Electric Motors, High Efficiency Type 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0548 Vibration Isolation Equipment 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0553 Identification for HVAC Piping and Equipment 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0593 HVAC Testing and Balancing 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0700 Insulation, HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0800 HVAC Commissioning 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0810 Outside Air Unit 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0923 Direct-Digital Control System 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 0925 Variable Frequency Drive 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 2313 Refrigerant Pipe, Valves and Specialties 0 9/7/2021 9/9/2021 Permit Set 09/07/21 2 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name 23 - HVAC 23 3100 Ductwork 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 3300 Duct System Accessories 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 3314 Dampers, Fire, Fire/Smoke, and Smoke 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 3427 Fans Centrifugal Roof Ventilators 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 3428 Fans Centrifugal Roof Upblast 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 3713 Air Distribution Devices 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 8126 Condensing Units Air Cooled 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 8127 Air Handling Units, Split System 0 9/7/2021 9/9/2021 Permit Set 09/07/21 23 - HVAC 23 8132 Variable Refrigerant Flow (VRF) Air Conditioning System 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0500 Basic Electrical Requirements 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0519 Wires and Cables 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0526 Grounding 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0533 Outlet Boxes 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0539 Raceways and Conduit 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 0553 Electrical Identification 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 2416 Panelboards 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 2420 Safety Switches 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 2726 Wiring Devices 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 3213.17 Engine Generators 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 3600 Transfer Switches 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 4113 Lightning Protection for Structures 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 4313 Surge Protective Devices 0 9/7/2021 9/9/2021 Permit Set 09/07/21 26 - Electrical 26 5100 Lighting 0 9/7/2021 9/9/2021 Permit Set 09/07/21 27 - Communications 27 0010 Technology General Provisions 0 9/7/2021 9/9/2021 Permit Set 09/07/21 27 - Communications 27 0526 Grounding and Bonding for Communications Systems 0 9/7/2021 9/9/2021 Permit Set 09/07/21 27 - Communications 27 0528 Raceways for Technology 0 9/7/2021 9/9/2021 Permit Set 09/07/21 27 - Communications 27 1000 Structured Cabling System 0 9/7/2021 9/9/2021 Permit Set 09/07/21 28 - Electronic Safety/Securit 28 0000 City of Clearwater Division 28 Standards 0 9/7/2021 9/9/2021 Permit Set 09/07/21 28 - Electronic Safety/Securit 28 3111 Addressable Fire-Alarm Systems 0 9/7/2021 9/9/2021 Permit Set 09/07/21 31 - Earthwork 31 3116 Termite Control 0 9/7/2021 9/9/2021 Permit Set 09/07/21 31 - Earthwork 31 6219 Timber Piles 0 9/7/2021 9/9/2021 Permit Set 09/07/21 32 - Exterior Improvements 32 1313 Concrete Paving 0 9/7/2021 9/9/2021 Permit Set 09/07/21 32 - Exterior Improvements 32 1316 Decorative Concrete Paving 0 9/7/2021 9/9/2021 Permit Set 09/07/21 Architectural A-001 SITE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-101 LEVEL 1 - FLOOR PLAN 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-102 LEVEL 2 - FLOOR PLAN 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-103 HIGH FLOOR PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-106 ROOF PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-110 LEVEL 1 - EOS PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-111 LEVEL 1 - EOS PENETRATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-112 LEVEL 2 - EOS PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-113 LEVEL 2 - EOS PENETRATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-120 LEVEL 1 - DIMENSION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-121 LEVEL 1 - FLOOD VENTS DIMENSION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-122 LEVEL 2 - DIMENSION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-124 ROOF - DIMENSION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-201 LEVEL 1 - RCP 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-202 LEVEL 2 - RCP 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-203 LEVEL 2 - HIGH RCP 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-300 EXTERIOR ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-301 EXTERIOR ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-302 EXTERIOR ELEVATIONS - COLOR 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-303 EXTERIOR ELEVATIONS - COLOR 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-310 BUILDING SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-311 BUILDING SECTIONS 1 9/29/2021 9/30/2021 Addendum 1 3 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name Architectural A-312 BUILDING SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-313 BUILDING SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-400 ENLARGED WATER CLOSET PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-410 ENLARGED PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-411 ENLARGED FLOOR PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-412 ENLARGED PLANS AND ELEVATIONS 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-413 ENLARGED PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-414 ENLARGED PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-415 ENLARGED PLANS AND ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-420 MILLWORK SECTIONS 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-500 INTERIOR ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-501 INTERIOR ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-600 STAIR PLAN & SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-601 STAIR PLAN & SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-602 STAIR PLAN & SEC.0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-603 STAIR PLAN & SEC.0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-604 STAIR PLANS & SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-605 LADDER SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-607 STAIR DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-620 CEILING DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-621 CEILING DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-700 WALL SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-701 WALL SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-702 WALL SECTIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-720 BREAKAWAY WALLS PLAN DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-721 ENCLOSURE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-722 ENCLOSURE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-723 ENCLOSURE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-724 ENCLOSURE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-725 ENCLOSURE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-800 PARTITION TYPES 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-801 PARTITION TYPES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-802 PARTITION TYPES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-803 PARTITION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-810 DOOR SCHEDULES 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-811 DOOR HARDWARE SCHEDULE 1 9/29/2021 9/30/2021 Addendum 1 Architectural A-812 DOOR DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-813 DOOR DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-830 EXTERIOR STOREFRONT & LOUVER ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-831 INTERIOR STOREFRONT ELEVATIONS & DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-832 STOREFRONT AND LOUVER DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural A-833 STOREFRONT AND LOUVER DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural AD-100 DEMO SITE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural AD-101 EXISTING TO BE SALVAGED 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural B-101 LEVEL 1 - LIFE SAFETY PLAN 1 9/29/2021 9/30/2021 Addendum 1 Architectural B-102 LEVEL 2 - LIFE SAFETY PLAN 1 9/29/2021 9/30/2021 Addendum 1 Architectural G-100 COVER 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-101 DRAWING LEGEND AND BUILDING DATA 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-102 SHEET INDEX 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-103 CODE ANALYSIS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-104 MOUNTING HEIGHTS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-105 UL LISTINGS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural G-106 UL LISTINGS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural ID-101 LEVEL 1 - FINISH PLAN 1 9/29/2021 9/30/2021 Addendum 1 Architectural ID-102 LEVEL 2 - FINISH PLAN 1 9/29/2021 9/30/2021 Addendum 1 4 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name Architectural ID-202 LEVEL 2 FURNITURE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural ID-401 INTERIOR DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Architectural ID-402 SIGNAGE 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-1 of 8 EX. COND./DEMO & SOIL EROSION CONTROL PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-2 of 8 SITE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-3 OF 8 PAVING, GRADING & DRAINAGE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-4 OF 8 UTILITY PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-5 OF 8 CONSTRUCTION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-6 OF 8 CONSTRUCTION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-7 OF 8 CONSTRUCTION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Civil C-8 OF 8 SPECIFICATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-000 LEGEND - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-001 SCHEDULES - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-100 SITE PLAN - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-201 LEVEL 1 - FLOOR PLAN - POWER 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-202 LEVEL 2 - FLOOR PLAN - POWER 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-203 ROOF PLAN - POWER 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-301 LEVEL 1 - FLOOR PLAN - LIGHTING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-302 LEVEL 2 - FLOOR PLAN - LIGHTING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-401 ENLARGED FLOOR PLAN & LIGHTING CONTROLS CONTRACT LAYOUT 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-501 RISER DIAGRAM - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-502 CALCULATIONS -ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-601 PANEL SCHEDULES - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-901 DETAILS - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Electrical E-902 DETAILS - ELECTRICAL 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-000 LEGEND - FIRE PROTECTION 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-100 SITE PLAN - FIRE PROTECTION 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-200 UNDERGROUND - FLOOR PLAN - FIRE PROT.0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-201 LEVEL 1 - RCP - FIRE PROTECTION 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-202 LEVEL 2 - RCP - FIRE PROTECTION 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Fire Protection FP-901 DETAILS - FIRE PROTECTION 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape IR1 IRRIGATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape IR2 IRRIGATION NOTES AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape IR3 IRRIGATION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape L0 TREE INVENTORY/ PRESERVATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape L1 LANDSCAPE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape L2 LANDSCAPE NOTES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Landscape L3 LANDSCAPE DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-000 LEGEND - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-201 LEVEL 1 - FLOOR PLAN - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-202 LEVEL 2 - FLOOR PLAN - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-203 ROOF PLAN - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-701 CONTROLS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-801 SCHEDULES - HVAC 1 9/29/2021 9/30/2021 Addendum 1 Mechanical M-802 SCHEDULES - HVAC 1 9/29/2021 9/30/2021 Addendum 1 Mechanical M-901 DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-902 DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-903 DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-904 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-905 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-906 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-907 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-908 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-909 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Mechanical M-910 KITCHEN DETAILS - HVAC 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) 5 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name Mechanical M-911 VRF SYSTEM DIAGRAM 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-000 LEGEND - PLUMBING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-200 UNDERGROUND - FLOOR PLAN - PLUMBING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-201 LEVEL 1 - FLOOR PLAN - GRAVITY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-202 LEVEL 2 - FLOOR PLAN - GRAVITY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-203 ROOF PLAN - PLUMBING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-301 LEVEL 1 - FLOOR PLAN - PRESSURE 1 9/29/2021 9/30/2021 Addendum 1 Plumbing P-302 LEVEL 2 - FLOOR PLAN - PRESSURE 1 9/29/2021 9/30/2021 Addendum 1 Plumbing P-501 RISER DIAGRAM - PRESSURE 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-502 RISER DIAGRAMS - GRAVITY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-601 SCHEDULES - PLUMBING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Plumbing P-901 DETAILS - PLUMBING 1 9/29/2021 9/30/2021 Addendum 1 Plumbing P-902 DETAILS - PLUMBING 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S101-A1 GENERAL STRUCTURAL NOTES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S102-A1 WIND DESIGN DATA AND LOAD SCHEDULE 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S201-A1 FOUNDATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S202-A1 SLAB ON GRADE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S203-A1 2ND FLOOR FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S205-A1 LOW ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S206-A1 HIGH ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S301-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S302-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S303-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S304-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S305-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S306-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S308-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S309-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S310-A1 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S401-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S402-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S403-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S404-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S405-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S406-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S407-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S408-A1 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S501-A1 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S502-A1 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S503-A1 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S504-A1 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S505-A1 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S601-A1 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S602-A1 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S701-A1 ISOMETRIC VIEWS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Technology T-000 LEGEND - TECHNOLOGY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Technology T-100 SITE PLAN - TECHNOLOGY 1 9/29/2021 9/30/2021 Addendum 1 Technology T-201 LEVEL 1 - FLOOR PLAN - TECHNOLOGY 1 9/29/2021 9/30/2021 Addendum 1 Technology T-202 LEVEL 2 - FLOOR PLAN - TECHNOLOGY 1 9/29/2021 9/30/2021 Addendum 1 Technology T-401 ENLARGED FLOOR PLANS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Technology T-501 RISERS - TECHNOLOGY 1 9/29/2021 9/30/2021 Addendum 1 Technology T-901 DETAILS - TECHNOLOGY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Technology T-902 DETAILS - TECHNOLOGY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Technology T-903 DETAILS - TECHNOLOGY 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) 6 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name **FOR DEMOLITION PERMIT ONLY **Architectural AD-100 DEMO SITE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Architectural AD-101 EXISTING TO BE SALVAGED 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Architectural G-100 COVER 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Civil C-1 OF 8 EX. COND./DEMO & SOIL EROSION CONTROL PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Civil C-5 OF 8 CONSTRUCTION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Civil C-8 OF 8 SPECIFICATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Landscape IR1 IRRIGATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Landscape IR2 IRRIGATION NOTES AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Landscape IR3 IRRIGATION DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) **Landscape L0 TREE INVENTORY/ PRESERVATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (Demo Only) 7 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name ***THE FOLLOWING DRAWINGS COINCIDE WITH ADD ALTERNATE #7 LISTED ON PAGE 14 OF GMP Structural S101-A2 GENERAL STRUCTURAL NOTES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S102-A2 WIND DESIGN DATA AND LOAD SCHEDULE 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S201-A2 FOUNDATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S202-A2 SLAB ON GRADE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S203-A2 2ND FLOOR FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S205-A2 LOW ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S206-A2 HIGH ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S301-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S302-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S303-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S304-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S305-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S306-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S308-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S309-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S310-A2 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S401-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S402-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S403-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S404-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S405-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S406-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S407-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S408-A2 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S501-A2 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S502-A2 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S503-A2 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S504-A2 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S505-A2 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S601-A2 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S602-A2 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S701-A2 ISOMETRIC VIEWS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) 8 of 9 Biltmore Construction Co., Inc. Original Document Project 999 Clearwater Fire Station 46 Enumeration of Documents Exhibit A Revised 10/21/2021 GMP Discipline/Division Drawing No.Drawing Title Rev No.Drawing Date Received Date Set Name ***THE FOLLOWING DRAWINGS COINCIDE WITH ADD ALTERNATE #6 LISTED ON PAGE 14 OF GMP Structural S101-A3 GENERAL STRUCTURAL NOTES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S102-A3 WIND DESIGN DATA AND LOAD SCHEDULE 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S201-A3 FOUNDATION PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S202-A3 SLAB ON GRADE PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S203-A3 2ND FLOOR FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S205-A3 LOW ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S206-A3 HIGH ROOF FRAMING PLAN 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S301-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S302-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S303-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S304-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S305-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S306-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S308-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S309-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S310-A3 TYPICAL DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S401-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S402-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S403-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S404-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S405-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S406-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S407-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S408-A3 SECTIONS AND DETAILS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S501-A3 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S502-A3 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S503-A3 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S504-A3 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S505-A3 WALL ELEVATIONS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S601-A3 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S602-A3 SCHEDULES 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) Structural S701-A3 ISOMETRIC VIEWS 0 9/7/2021 9/9/2021 Permit Set 09/07/21 (New Bldg Only) 9 of 9 Biltmore Construction Co., Inc. Original Document City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 5 EXHIBIT B – Allowances The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment, taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. Allowances- Unless otherwise specifically noted, the term “Allowance” refers to the amount of money allocated to cover the cost of both materials and labor to furnish and install the specified material(s) or perform the specified work and any applicable sales tax only; overhead and profit are not included in the line item, how it is calculated within the stipulated fee. Owner understands and agrees that should the actual costs exceed the amount specified in the GMP for the allowance, an adjustment by change order will be made at the final billing for the project. The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detailed description of these Allowances. DESCRIPTION OF ALLOWANCE ALLOWANCE AMOUNT Utility Consumption Allowance After Temporary Permanent Power $ 15,000.00 Dedication Plaque $ 2,500.00 Dewatering Allowance $ 50,000.00 Fitness Equipment and Miscellaneous Moving Allowance $ 7,500.00 City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 6 EXHIBIT C – Assumptions and Clarifications The Contract Documents are amended by Biltmore Construction Co., Inc. as follows: 1. The following are not included in the GMP Proposal: A. Hazardous Materials Survey is excluded. B. Removal of Unsuitable Soils is excluded. C. Impact Fees/Inspection Fees, Plan Review Fees and Permit Fees are excluded. To be waived by the City of Clearwater. D. Threshold inspections are excluded. E. Performance Specifications are excluded. F. Proposal/Bid Bond is excluded. G. Builder’s Risk Insurance is excluded. To be provided by the City of Clearwater. H. Permanent Power and Water Consumption Costs are excluded. I. Division 28 “Electronic Safety and Security (Convergint & GSA), Addressable Fire Alarm System (Maire), and 911 System Equipment (Motorola) are excluded. This work is to be contracted directly by the City. J. Division 11 “Equipment” Commercial Laundry Equipment and Residential Appliances, and miscellaneous furniture to be purchased directly by the City. K. Revisions because of City of Clearwater Building Department Plan Review Comments. 2. Warranties and Guarantees: A. Biltmore Construction Co., Inc. Warranties and Guarantees Biltmore Construction Co., Inc. warrants to the City of Clearwater that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements may be considered defective. Biltmore Construction Co., Inc.’s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation, or normal wear and tear under normal usage. The term and duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the City of Clearwater from proceeding directly against the manufacturer and/or installer for such longer period as allowed by State Statute. B. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the City of Clearwater and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The period customarily being one (1) year from the Date of Substantial Completion established in the Construction/Contract Documents. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer’s warranty/guaranty or product to the City. The City of Clearwater shall be provided with the “standard” manufacturer’s warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. C. Manufacturer’s Express Warranties / Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the City of Clearwater all standard manufacturer’s warranties and standard manufacturer’s guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its Surety is limited to the collection and proper transmittal of these warranties and guarantees to the City. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 7 Biltmore Construction Co., Inc. shall defer to and provide the manufacturer’s requirements for standard and extended warranties, in all cases of conflict between manufacturer’s warranties and those specified in the Construction/Contract Documents. 3. Special conditions relating to City of Clearwater purchased / Contractor installed items and associated tax exemptions: Biltmore Construction Co., Inc. acknowledges that Owner is implementing a direct purchase program pursuant to Florida Statute Section 212.08(6) to avoid sales tax on materials incorporated into the Project (the “ODP Program”). Owner acknowledges and agrees that (i) all deductive change orders issued by Biltmore to its Subcontractors participating in the ODP Program and corresponding deductive Change Orders issued by Owner to Biltmore under the ODP Program (collectively the “ODP Change Orders”) include the costs of materials and the applicable Florida state sales tax, (ii) the value of the ODP Change Orders will be based on estimated quantities and costs, except when the ODP Change Order expressly involves the purchase of a single item with a predetermined fixed value, and (iii) the actual costs incurred for materials under the ODP Program will be reconciled with the estimated costs and if the aggregate cost actually incurred by Owner to purchase the materials is less than the value of the ODP Change Order minus applicable sales tax (the “Underrun”), then Owner will issue to Biltmore an additive Change Order in the amount of the Underrun plus the applicable sales tax on such Underrun value, and Biltmore will issue a corresponding additive change order to the applicable Subcontractor. Table below presents an illustration of the foregoing calculation. Description of Purchase Pretax Value 6% Sales Tax Deductive ODP Change Order Value Final Value of Purchase Pretax Value of Underrun 6% Tax on Underrun Additive Reconciliation Change Order Value Paint $100,000 $6,000 $106,000 $75,000 $25,000 $1,500 $26,500 4. Builder’s Risk Insurance: City of Clearwater shall purchase and maintain, until the date of Substantial Completion of this project, a standard Special Form (all “Risks of Physical Loss”) Completed Value Builder’s Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the City, Biltmore Construction Co., Inc., and Subcontractors in the Work under this contract. All premiums and deductible costs related to this property insurance shall be paid by the City of Clearwater. The following items are the responsibility of the City of Clearwater and are not included in this GMP: a. Property insurance premiums and/or deductible costs. b. Property insurance coverage on existing buildings and/or contents. c. Property insurance coverage on the Work under this Contract after the date of Substantial Completion. d. Flood insurance coverage and/or risk of loss due to flood. e. Windstorm insurance and/or risk of loss due to named Windstorm including all deductibles. 5. Basis of this GMP Proposal relative to Documents and Specifications as issued by Wannemacher Jensen Architect’s Inc. identified in Exhibit A, “Enumeration of Documents”. 6. Schedule, Price, Escalation In the event of Force Majeure: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist attack, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, government acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials and energy. Market conditions today have and are being acted on by influences beyond the control of the Client and the Contractor. As a result of this, we further define the effects of Force Majeure and how we will reach an equitable outcome. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 8 If either Party detects a Force Majeure issue, they shall promptly notify the other Party and meet to resolve the schedule and/or cost overruns. In the event of any cost or schedule overruns due to Force Majeure, the Contractor will be allowed to increase the GMP for all direct labor and material costs, without profit on the extra costs. 7. Subcontractor Payments: Notwithstanding anything to the contrary, the City specifically acknowledges and agrees that the Construction Manager (Contractor) operates on a pay-when-paid basis with its subcontractors, and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its Surety to remit any payment (including final payment) to subcontractors prior to the receipt of payment (including final) from the Owner. 8. GMP Schedule of Values: It is acknowledged and agreed that, notwithstanding anything else to the contrary, the breakdown associated with the Guaranteed Maximum Price and/or the resulting Schedule of values shall in no way act as an individual line item guaranteed maximum price. 9. A Construction Manager Contingency of $193,839.00 is included. Acceptable uses of this Contingency include, but are not limited to: a. Buy-Out of the work not previously awarded in bid packages. b. Repair of damages caused by an unknown source (excluding Builder’s Risk claims). c. To improve and/or accelerate the progress of the work. d. To improve the conditions of the work. e. For modifications of the work resulting from an unknown ambiguity (Not an error or omission) in the contract documents. f. To increase and /or supplement staff as necessary to effectively manage the project. g. To adjust the reimbursable General Conditions/Requirements more than the line-item value. 10. No retainage will be held on Bonds, Insurances, General Condition Requirements, Staffing, Construction Phase Fee or OH&P. 11. Electronic BIM or CAD “As-Builts” are not included. Biltmore Construction will maintain “As-Built” documents on site during the construction phase and provide the City of Clearwater and Architect a copy at project completion. 12. We have included costs in the General Conditions Line Item for Document Management and Project Management Control Services. These services will be provided via cloud-based platform that will allow direct access by all construction personnel, including Owners, Architects and Subcontractors. Services will include the ability to access and/or manage information via mobile device over the internet. Services included will be Plans and Specifications, maintenance and distribution, RFI Control, Submittal Control, Punch List Management, Daily Reports along with other related functions inherent in the platform. The charge for this service shall be $4,000.00 and will be billed as a lump sum amount upon approval of GMP and issuance of Notice to Proceed. 13. We have included costs in the General Conditions line Item for MIS Services related to the project. This includes software updates associated with Biltmore Construction’s standard software provided for cost management, computer operating systems, PDF software, word processing applications and spreadsheet applications. This also includes troubleshooting, virus management/remediation, malware/adware, management/remediation, updates and maintenance of these systems. The charge for this service shall be $ 5,000.00 and shall be billed as a lump sum amount upon approval of the GMP and issuance of the Notice to Proceed. 14. Technical Clarifications: A. General Requirements 1. Survey Work required for site and building layout as deemed necessary by the Construction Manager is included. The City’s Survey crew may be used at no cost as they may be made available. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 9 2. Materials Testing to include, but is not necessarily limited to, soil densities, concrete compressive strength, steel erection, and any other testing required by specifications or City standards is included. References to the Owner contracting with a testing agency are to be disregarded. This includes, but is not necessarily limited to Specification Sections 033000 “Cast-in Place Concrete”, 051000 “Structural Steel”, 3. Test and Balance of the HVAC System is included. 4. Master Consulting Engineers, Inc. Alternate 1 is included. 5. An Allowance of $15,000.00 is included for Temporary Utility Consumption Costs. 6. An Allowance of $2,500.00 is included for a Dedication Plaque. No specifications have been provided at the time of this GMP. 7. An Allowance of $50,000.00 is included for Dewatering. 8. An Allowance of $7,500.00 is included to relocate existing fitness equipment and miscellaneous items to the new building. 9. No provision or allowance is included for removal and replacement of unsuitable soils. 10. The issuance of the Construction Manager’s Performance and Payment Bonds will be provided after the approval of the GMP and issuance of the Notice to Proceed by the City of Clearwater. 11. Section I, “Advertisement of Bids & Notice to Contractors” of the City of Clearwater Contract Documents & Specification is included. Biltmore Construction Co., Inc. complied with advertising requirement. 12. Section II, “Instruction to Bidders” and “Supplemental Instructions to Bidders” of the City of Clearwater Contract Documents & Specification are excluded. Subcontractor bid requirements are outlined in Exhibit B of the Construction Manager @ Risk Services. 13. Section III, “General Conditions” and Section IIIa “Supplemental General Conditions” of the City of Clearwater Contract Documents are included only as they pertain to and are consistent with the Construction Manager @ Risk Services. 14. Section IV, “Technical Specifications and IVa, “Supplemental Technical Specifications” of the City of Clearwater Contract Documents 7 Specifications are included only as they pertain to the Fire Station 46 Construction Documents (Drawings and Technical Specifications) as listed in the Enumeration of Documents. If confliction, the Construction Documents (Drawings and Technical Specifications) will be followed. 15. Appendix, “ODP Documents and Other Project Documentation” of the City of Clearwater Contract Documents & Specifications was not issued and thus is excluded. 16. Section V, “Contract Documents” of the City of Clearwater Contract Documents and Specifications is excluded. The Construction Manager @ Risk Services will be followed. 17. The City will pay for on-site and off-site stored materials with proper documentation by CM. 18. In the case where a vendor requires advance payment for materials/equipment, The City will allow the CM to bill in advance and make advance payment to the CM for that material/equipment. Vertical Lift manufacturer requires $20,000.00 pre-payment at subcontract signing, $10,000.00 pre-payment at delivery and pre-payment of $3,500.00 at completion of installation. 19. Unless otherwise specified, colors and finishes shall be only standard selections available from the manufacturer. No premium or exotic colors or finishes are included. 20. No Performance Specifications are included. 21. Delegated Design submittals are limited to the requirements of the Specifications. Including 055213 “Pipe and Tube Railings”, 057300 “Decorative Metal Railings”, 084113 “Aluminum-Framed Entrances and Storefronts”, and 089119 “Fixed Louvers”. 22. All railings will be manufactured and installed to comply with Florida Building Code. Shop drawings will be provided. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 10 23. Salvaged items to be turned over to the Owner are identified on Drawing AD-101. Any other salvaged materials/equipment will be the property of the Construction Manager. Salvaged items identified to be incorporated into the new building are the Original Station Number, Corner Guards, Badges, EMS Shelves, Fire Pole and Flagpoles, and select furnishings and equipment. 24. Existing asphalt damaged because of new construction will be repaired. 25. Existing sodding damaged because of new construction will be restored. 26. Existing irrigation damaged because of new construction will be repaired. However, no provisions are included to repair the existing irrigation system. 27. Typical Project Sign based on the City of Clearwater Contract Documents and Specifications Article 23.8 is included. City to provide text as required. 28. Responses to Preconstruction Requests for Information are included. Costs for responses received after the date of this GMP Proposal are not included. 29. Specification Section 012600 “Contract Modification Procedures, 012900 “Payment Procedures”, 013100 “Project Management and Coordination” and 03200 “Construction Progress Documentation” are disregarded and shall be governed by the Construction Manager at Risk Agreement. 30. Reference Drawing P-601, “Plumbing Fixture Schedule” Mop Sink MS-1 is to be a standard mop sink. Terrazzo mop sink to be revised by the Design Team. 31. No oil monitoring system is to be provided. None shown. 32. Reference Specification Section 075423 “Thermoplastic-Polyolefin (T.P.O) Roof. GMP includes EPS insulation in lieu of XPS insulation and standard 20 PSI Polyiso insulation. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 11 EXHIBIT D - GUARANTEED MAXIMUM PRICE BREAKDOWN Itemized Description of the Work Base GMP Amount Building Demolition $ 35,000.00 Asbestos Abatement $ 13,750.00 Site Work $ 437,530.00 Storm Piping at Bay Esplanade $ 44,000.00 Landscaping/Irrigation $ 127,000.00 Timber Piles - DELETED $ 0.00 Cast in Place Concrete, Site Concrete, & Unit Masonry $ 1,067,342.00 Mat Foundation MCE Alt #2 $ 228,069.00 Polished Concrete $ 40,065.00 Structural Steel/ Miscellaneous Metals $ 594,660.00 Railings $ 116,880.00 General Works $ 30,000.00 Plastic Laminate Faced Cabinets & Solid Surface $ 131,860.00 Caulking & Sealants $ 20,000.00 T.P.O. Roofing $ 188,281.00 Doors, Frames and Finish Hardware $ 78,604.00 Overhead Coiling & Sectional Doors $ 182,809.00 Aluminum Entrances/Storefront Glass & Glazing $ 263,700.00 Sunshades $ 55,000.00 Metal Studs, Insulation, GWB, Stucco and Hardie-board $ 522,332.00 Ceramic Tile $ 26,463.00 Acoustical Panel Ceilings $ 22,990.00 Traffic Coating (Included in Painting) $ 0.00 Resilient Base and Flooring $ 14,705.00 Painting $ 57,820.00 Paint Public Restroom Exterior $ 1,500.00 Toilet Accessories $ 7,400.00 Fire Extinguishers & Cabinets $ 1,320.00 Corner Guards $ 2,500.00 Signage $ 27,309.00 Laundry Equipment $ By Owner Residential Appliances $ By Owner T.V.’s and Brackets $ Included in Electrical Lockers $ 10,550.00 Roller Window Shades $ 10,500.00 Floor Mats & Frames $ 2,400.00 City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 12 Site Furnishings $ 38,230.00 Metal Shelving $ $2,100.00 Vertical Lift $ 31,500.00 Fire Protection System $ 43,000.00 Plumbing $ 310,000.00 HVAC $ 391,340.00 Electrical $ 921,735.00 Photovoltaic System $ 252,562.00 Electric Vehicle Chargers $ 33,483.00 Structured Cabling for Communications $ Included in Electrical Safety & Security $ By Owner Addressable Fire Alarm $ By Owner Fitness Equipment Relocation Allowance $ 7,500.00 Dedication Plaque Allowance $ 2,500.00 Temporary Utility Consumption Allowance $ 15,000.00 Dewatering Allowance $ 50,000.00 Construction Manager’s Contingency (3% of $6,461,289.00) $ 193,839.00 Total Work $ 6,655,128.00 Performance & Payment Bond (.75%) $ 63,000.00 Liability Insurance (.92%) $ 77,280.00 Builder’s Risk Insurance $ By owner General Conditions/Requirements $ 164,400.00 Administration and Supervision/ Staffing $ 591,440.00 City Contingency (5% of $6,461,289.00) $ 323,064.00 Subtotal $ 7,874,312.00 OH&P (6% of $7,753,830.00) $ 472,459.00 Total Guaranteed Maximum Price (GMP) $ 8,346,771.00 City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 13 EXHIBIT E – Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein, the anticipated construction period shall be Four Hundred Fifty (450) calendar days to achieve Substantial Completion, after receipt, by Biltmore Construction Co., Inc., of all the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between City and Biltmore Construction Co., Inc. • Receipt of the Written Notice to Proceed. • Receipt of all required Permits. • Recorded Notice of Commencement (as applicable). • Construction site available to commence construction activity. • Existing buildings vacated and ready for asbestos abatement. Final Completion shall be within Forty-Five (45) calendar days following the Date of Substantial Completion of the Work. A preliminary Design Phase and Construction Phase Schedule is included herein. Once the subcontractors are selected, we will prepare a more detailed CPM Schedule that will include all design, permitting, procurement and construction activities. Construction Schedule shall be contingent upon anticipated durations of long-lead items that are out of our control. Actual durations may negatively impact the Schedule requiring an Owner Change Order to include time extension and its’ associated costs. These items include, but are not necessarily limited to, Underground Utility Structures, Structural Steel Components, Aluminum Entrances & Storefront, Hollow Metal Doors, Frames, Wood Doors & Hardware, Overhead Coiling Doors, Finish Flooring, HVAC Equipment, Plumbing Fixtures, Major Electrical Components, Light Fixtures and Generator. Once the availability and lead times of the aforementioned items are confirmed, a more detailed CPM Project Schedule will be provided in accordance with the requirements of the Construction Manager at Risk Services. City of Clearwater Fire Station 46 Guaranteed Maximum Price (GMP) Proposal REV #5 February 2, 2022 (Rev5) BCC Project #999, COC Project #18-0028-FD Page 14 EXHIBIT F – Alternate Prices per Specification Section 012300 “Alternates” The following values are inclusive of liability insurance, bond and OH&P. Item Itemized Description of the Work Added Value $ 1 Paint Existing Public Restrooms $ Included in GMP $ 2 Photovoltaic MiSole Peel & Stick System $ Included in GMP $ 3 Big Ass Fans in Apparatus Bay $ 33,666.00 $ 4 3M Bird Friendly UV Film on North, East and West $ 23,427.00 $ 5 Acoustical Flooring $ Deleted by WJA $ 6 Non-Frangible Slab with Wood Piles (M.C.E. Alternate 3) $ 46,700.00 $ 7 Mat Foundation with non-frangible slab (M.C.E. Alternate 2) $ Included in GMP $ 8 E.V. Chargers $ Included in GMP $ 9 Storm Water at Bay Esplanade $ Included in GMP $ 10 Photo-Documentation $ 6,476.00 $ $ $ $ $ $ REV. 4 01.03.2020 CLEARWATER FIRE STATION #46 SUSTAINABILITY- Efforts to create a sustainable and environmentally conscious design include: • Light colored materials on the roof and walls (reflecting solar and infrared radiation) • Locally resourced building materials • Low energy lighting, plumbing and mechanical systems • Turtle Friendly Lighting • Low maintenance of materials and finishes • Efficient floor plan • Rain garden and storm water management • Native landscaping & Florida Friendly Landscaping Certification • Natural day lighting • Natural gas-powered generator and appliances • Low emissivity glazing • UV coating technology for bird safe glass • Bike Racks • Recycled Content • Solar PV Array RAIN GARDENS - Rain gardens are environmentally advantageous landscape features that can improve water quality, encourage wildlife and biodiversity, reduce energy consumption from storm water runoff, look aesthetically pleasing and offer an educational resource to the community. HURRICANE - Precautions in design, in case of a natural disaster, are being implemented through hurricane resistant doors, building materials, and elevating the building. These precautions decrease the likelihood of damage to the structure and need for repair after an event. A station less effected by a natural disaster will keep response time of emergency personnel high. BIRD SAFE DESIGN - With many threats from climate change, pesticides, and habitat loss, birds are dying at alarming rates. As much as 1 billion birds, both common and exotic, die annually in the US from glass collision. This risk is higher for areas with large populations of birds, such as Florida, and even more so if a site is near parks or wooded areas where reflections of trees in glass are present. UV technology applied to glass can prevent bird collisions offering an effective solution without impacting aesthetic design. TREES - Having trees on the beach is an asset. Architects have strived to keep as many trees as possible. Some trees seem to be nearing the end of their life and show signs of deterioration. These trees as well as any removed will be replanted with new trees so that this park will continue to be an asset. I SLAND WAY MANDALAY AVE SNUG I S HARBOR IS MEMORIAL CSWY BAY ESPLANADE BRUCE AVE DEVON DR CORONADO DR ELDORADO AVE LARBOARD WAY WINDWARD PSGE POINSETTIA AVE P A L M IS N ELANTANA AVE H A R B O R P S G E BAYMONT ST EAST SHORE DR BAY ESPLANADE LOCATION MAP PROJECTSITE ^ Fire Station# 46534 Mandalay Ave.Project# 18-0028-FD GulfofMexico MandalayChannel 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 17/10/2020Date:WDMap Gen By:JWReviewed By:5-29s-15eS-T-R:258AGrid #: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2021-11001 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Office (O) District to the Medium Density Residential (MDR) District for property located at 806 Turner Street and pass Ordinance 9515-22 on first reading. (REZ2021-11001) SUMMARY: This Zoning Atlas amendment involves a 0.272-acre property located on the north side of Turner Street approximately 180 feet east of South Myrtle Avenue that is owned by Ivonne Pineda Kelley. The property is currently vacant, but it was previously occupied by two detached dwelling units and a carport. The applicant is requesting to rezone the property from the Office (O) District to the Medium Density Residential (MDR) District. There is no companion Future Land Use Map Amendment (LUP) case as the underlying Future Land Use Map category of Residential/Office General (R/OG) is consistent with the existing and proposed zoning districts. The proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning districts and multi-family, single family residential, office and daycare uses that exist in the vicinity of the subject property. The requested amendment would provide a transition from the higher density and intensity Downtown (D) District to the north along Chestnut Street and further east along Prospect Avenue to the residential uses to the east and southeast. The applicant has indicated the desire to construct a detached dwelling on the property; however, no site plan application has been submitted at this time. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely or unreasonably affect the use of other property in the area. Page 1 City of Clearwater Printed on 2/11/2022 File Number: REZ2021-11001 ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its January 18, 2022 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/11/2022 Ordinance No. 9519-22 ORDINANCE NO. 9519-22 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 TURNER STREET APPROXIMATELY 180 FEET EAST OF SOUTH MYRTLE AVENUE, WHOSE POST OFFICE ADDRESS IS 806 TURNER STREET, CLEARWATER, FLORIDA 33756, FROM OFFICE (O) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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. Property Zoning District Lot 13, Block 17, Magnolia Park, according to the plat thereof, as recorded in Plat Book 1, Page 70, public records of Pinellas County, Florida; From: Office (O) To: Medium Density Residential (MDR) (REZ2021-11001) Ordinance No. 9519-22 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” 15 17 16 15 14 3 4 5 6 13 12 11 10 9 8 7 8 9 10 15165 17 123 456 7 8 910111213141516 1 2 4 29303132 67 21 4 5 7 6 4 5 1 1 1 1 1 2 2 1 1 11 1 1 1 TURNER ST CHESTNUT ST S MYRTLE AVE S PROSPECT AVE D O C MDR 590 900708901806801818812815814901902815810904805808903709811711807803804809708406 900905813509 801901½808½810½802½800502 509 806504 603 902½507½-Not to Scale--Not a Survey-Rev. 11/9/2021 ZONING MAP Owner(s): Ivonne Pineda Kelly Case: REZ2021-11001 Site: 806 Turner Street Property Size(Acres): 0.272 Land Use Zoning PIN: 15-29-15-54450-017-0130 From: Residential/Office General (R/OG) Office (O) To: Residential/Office General (R/OG) Medium Density Residential (MDR) Atlas Page: 296A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: January 18, 2022 AGENDA ITEM: F.1. CASE: REZ2021-11001 REQUEST: To amend the Zoning Atlas designation from the Office (O) District to the Medium Density Residential (MDR) District. GENERAL DATA: Agent................................ Owner ............................. Ryan Kelley Ivonne Pineda Kelley Location ......................... 806 Turner Street, located on the north side of Turner Street approximately 180 feet east of South Myrtle Avenue. Property Size................... 0.272 acres Background: This case involves a 0.272-acre parcel of land located on the north side of Turner Street, approximately 180 feet east of South Myrtle Avenue. The parcel, owned by Ivonna Pineda Kelley, is currently vacant; however, the property was previously occupied by two detached dwelling units. One unit, which was located to the rear of the site and had a carport attached, was demolished in 2010, and the primary structure was demolished in late 2019. All of these structures had code compliance cases for property maintenance issues and were remedied through the demolitions. The request is to change the property’s Zoning Atlas designation from Office (O) District to Medium Density Residential (MDR) District. Both the current district (Office) and the proposed district (Medium Density Residential) are consistent with the underlying Future Land Use Map category of Residential/Office General (R/OG); therefore, no Future Land Use Map amendment is required. While no application for development has been received to date, the rezoning application materials indicate the owner’s intent to construct a new detached dwelling on the property. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – January 18, 2022 REZ2021-11001 - Page 2 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Residential uses, including multi-family (apartments) and single family residential, abut the subject property to the north and east. To the west is a daycare facility, and across Turner Street to the south is multi-family residential. Farther east and southeast of the subject property are more parcels developed with single family residential, and offices exist to the southwest. Map 3 Community Development Board – January 18, 2022 REZ2021-11001 - Page 3 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations around the property are Medium Density Residential (MDR) abutting to the east and to the southeast across Turner Street, Downtown (D) to the north along Chestnut Street, as well as farther east of the subject property along Prospect Avenue, Office (O) to the west and directly south, and Commercial (C) southwest of the property across Turner Street. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.2.2.7 Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. Community Development Board – January 18, 2022 REZ2021-11001 - Page 4 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Applicable section of the Community Development Code which supports the proposed amendment: Division 3, Medium Density Residential District, Section 2-301. Intent and Purpose. The intent and purpose of the Medium Density Residential District (“MDR”) is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium Density Residential (MDR) District is compatible with the multi-family and single- family developments to the north, east and south, and with the offices to the southwest and the daycare center to the west. This property has historically been developed with residential uses, and the proposed Medium Density Residential (MDR) District would facilitate redevelopment of an economically underutilized parcel with residential where it would not otherwise be permitted in the Office (O) District currently. The applicant has indicated the property will be developed in the future with a new single-family dwelling, although based on the underlying future land use category the site could support up to four dwelling units. The Druid Trail which connects to the Pinellas Trail and the beach runs adjacent to the property along Turner Street, and there are numerous PSTA bus stops in the vicinity. The property is also within ¼ mile of other neighborhood-serving commercial uses such as a grocery store, restaurants, and bank offices. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Community Development Board – January 18, 2022 REZ2021-11001 - Page 5 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of multi-family residential to the north and south, detached dwellings to the east and southeast, offices to the southwest and a daycare center to the west. The proposed Medium Density Residential (MDR) District is consistent with the zoning districts that exist in the vicinity of the subject property and provides for a transition from the higher density and intensity Downtown (D) District to the north to the residential uses to the east and southeast. New infill residential development, which would be possible through the proposed Medium Density Residential (MDR) District, is consistent with and compliments the mix of residential and non-residential uses that currently exist in the vicinity. Recommended Conclusions of Law: The proposed Medium Density Residential (MDR) District is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. The current Future Land Use Map designation of Residential/Office General (R/OG) generally permits medium density residential, residential equivalent, and office uses; however, zoning districts may be more restrictive, and the current Office (O) District primarily permits office uses while the proposed Medium Density Residential (MDR) District primarily permits residential uses. Since there is no change to the Future Land Use Map designation, there is no change to the subject property’s overall development potential (i.e., dwelling units per acre or floor area ratio). However, as shown in Table 1, due to the differences in permitted uses of the current and proposed zoning districts, the development potential of non-residential uses (based on FAR) would be reduced from a maximum potential of 5,924 square feet to zero square feet, and residential uses would increase from zero dwelling units to up to four dwelling units if the property were able to develop at the maximum permitted density (15 units per acre) (an additional two units over what was constructed previously on the site before demolition). However, due to the lot size and flexibility criteria for attached dwellings in the Medium Density Residential (MDR) District, it is unlikely that construction of the maximum number of dwelling units would be possible. Community Development Board – January 18, 2022 REZ2021-11001 - Page 6 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing FLUM Designation Current FLUM Designation “R/OG” (0.50 FAR, 15 units per acre) Current Office (O) District Requested Medium Density Residential (MDR) District Net Change Site Area 0.272 AC (11,848 SF) 0.272 AC (11,848 SF) Max. Development Potential 0 DUs1 / 12 Beds2 5,924 SF 4 DUs / 12 Beds2 0 SF3 4 DUs / 0 Beds2 -5,924 SF Notes: 1. Residential uses are not permitted in the Office (O) District, therefore the residential development potential is zero. 2. Residential equivalent uses are permitted through the consistent Office (O) and Medium Density Residential (MDR) Districts (3 beds per dwelling unit). 3. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the consistent Medium Density Residential (MDR) District; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet For the purpose of this analysis, the maximum development potential for a residential use was used as residential utilization rates have the highest public facilities demand overall compared to the other allowable uses in the current and proposed zoning districts. Should the subject property be developed with one dwelling unit as proposed, there would be an increase of 288 gallons per day of potable water use; an increase of 259.2 gallons per day of wastewater use; an increase of 2.5 tons of solid waste per year; and an increase of 24 trips per day based on the Countywide Rules average of 89 trips per day per acre. However, the overall maximum potential density does not change since there is no change is future land use; therefore, there is no change in potential demand to the public facilities. Since the subject property is currently vacant, increases to the public facilities would be seen, but those increases would not degrade the current levels of service. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater. Any required traffic mitigation will be determined at the time of site plan review. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District is logical and consistent with the boundaries of the subject property. Community Development Board – January 18, 2022 REZ2021-11001 - Page 7 of 7 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Office (O) District to the Medium Density Residential (MDR). Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9519-22 Resume Photographs of Site and Vicinity REZ2021-11001 Ivonne Pineda Kelley 806 Turner Street View looking north at subject property 806 Turner Street West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Turner Street View looking westerly along Turner Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0126 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Information Technology Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Amend the existing agreement with Granicus, LLC of Washington, DC for software subscription maintenance and professional services in an amount not-to-exceed $667,546.38 for a term effective February 22, 2022 through May 31, 2025, pursuant to Code of Ordinances 2.563(1)(d), non-competitive purchase ~ impractical, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently uses Granicus’ software solutions for agenda management, meeting management, minutes development, online meeting streaming, public engagement, website content management, website hosting, and transparency applications. This authorization is for annual maintenance of all Granicus software modules. The original agreement was approved by Council on June 3, 2021. This modified agreement is incorporating a redesign of the City’s website, implementation of new and enhanced communications tools, advanced data analytics on site use and communications tools, automated forms, full site edit and administration control, and workflows for in -site service enhancements; and is combining separate service agreements for web-hosting and the Government Delivery applications (i.e., agenda, meetings, and video management). An additional year of service (June 1, 2024-May 31, 2025) is also being added to the agreement. The implementation of the new website and tools will incur a one-time professional services fee of $38,812.24. Complete site implementation will take 6-12 months, with front page improvements rolling out in the summer of 2022. The annual maintenance for all Granicus products is $190,488.71 for the period June 1, 2022, through May 31, 2023. Annual maintenance costs in the subsequent years will be $199,370.80 (June 1, 2023 - May 31, 2024), and $208,874.63 (June 1, 2024 - May 31, 2025). An additional 5% contingency in the amount of $30,000 is included for professional services support within the Granicus software suite. Software Subscription Maintenance and Professional Services from June 1, 2022-May 31, 2025 Year 1: $190,488.71 Year 2: $199,370.80 Year 3: $208,874.63 One-Time Professional Services: $38,812.24 5% Contingency: $30,000.00 Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0126 Total: $667,546.38 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology Admin Services budget for support for this fiscal year. Funds for the out years will be included in the respective Information Technology Admin Services budgets. Page 2 City of Clearwater Printed on 2/11/2022 408 Saint Peter Street, Suite 600 Amendment Saint Paul, MN 55102 Prepared for United States Clearwater, FL Order #: Q-170047 Prepared: 01/25/2022 Page 1 of 12 First Amendment to the Granicus Service Agreement between Granicus, LLC and Clearwater, FL This First Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Clearwater, FL (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Granicus entered into an Agreement effective 6/1/2021 (the "Agreement"); and WHEREAS, the Client and Granicus wish to extend the term of the Agreement; and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q-170047, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s). 2. The term of the Agreement is extended through 5/31/2025. 3. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 4. In the event of any inconsistency between the provisions of this First Amendment and the documents comprising the Agreement, the provisions of this First Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Clearwater, FL Granicus Signature: Signature: Name: Name: Title: Title: Date: Date: THIS IS NOT AN INVOICE Exhibit A Order Form Clearwater, FL Order #: Q-172000 Prepared: 01/25/2022 Page 2 of 12 EXHIBIT A ORDER DETAILS Prepared By: Bill Marshall Email: bill.marshall@granicus.com Order #: Q-172000 Prepared On: 01/25/2022 Expires On: 03/26/2022 Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: The Agreement will begin on 2/22/2022 and will continue through the end of the then current billing term. The Agreement will continue for 36 months thereafter. The subscription includes the following domain(s) and subdomain(s): https://www.myclearwater.com/ https://www.clearwatergas.com/ https://www.myclearwaterparks.com/ https://www.myclearwaterevents.com/ https://www.clearwaterpolice.org/ https://www.myclearwaterlibrary.com/ ORDER TERMS Current Billing Term End Date: 05/31/2022 Order Form Clearwater, FL Order #: Q-172000 Prepared: 01/25/2022 Page 3 of 12 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Terminating Subscriptions Solution Quantity/Unit Prior Annual Fee govAccess Plus Edition 0 Each $19,910.00 govAccess Specialty Subsite Maint & Hosting 0 Each $7,019.55 govAccess Independent Subsite Maint & Hosting 0 Each $3,190.70 SUBTOTAL: $30,120.25 Upon 2/22/2022, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution, Granicus, upon consent of Client which shall not be unreasonably withheld, shall remove access to the Client's terminating subscription(s). One-Time Fees Solution Billing Frequency One-Time Fee Government Experience Cloud (SERVE) Up Front $48,250.00 SUBTOTAL: $48,250.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Government Experience Cloud (SERVE) Annual 1 Each $63,601.72 SUBTOTAL: $63,601.72 •Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billingterm. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. (2/22/2022-5/31/2022) SUBTOTAL: $38,812.24 •Subtotal amount includes One-Time Fees + prorated New Subscription Fees less any credit for Terminating Subscriptions. Order Form Clearwater, FL Order #: Q-172000 Prepared: 01/25/2022 Page 4 of 12 FUTURE YEAR PRICING Solution(s) Period of Performance 6/1/2022-5/31/2023 6/1/2023-5/31/2024 6/1/2024-5/31/2025 Government Experience Cloud (SERVE) $63,601.72 $63,601.72 $63,601.72 Granicus Remote Administration $1,501.27 $1,606.36 $1,718.80 Send Agenda (Legistar) $0.00 $0.00 $0.00 Template - Agenda or Minutes - HTML $600.52 $642.56 $687.54 Granicus Encoding Appliance Software (GT) $1,501.27 $1,606.36 $1,718.80 Legistar Add-On - Laserfiche Integration $1,501.27 $1,606.36 $1,718.80 Meeting Efficiency Suite $9,142.78 $9,782.77 $10,467.57 Citizen Participation Suite $7,506.38 $8,031.83 $8,594.05 Open Platform Suite $0.00 $0.00 $0.00 Government Transparency Suite $9,142.78 $9,782.77 $10,467.57 Legistar $18,015.31 $19,276.38 $20,625.73 Boards and Commissions $10,931.62 $11,696.83 $12,515.61 Open Platform Suite $0.00 $0.00 $0.00 Granicus Encoding Appliance Software (GT) $1,457.55 $1,559.58 $1,668.75 Recurring Captioning Services (432 Hours) $65,586.24 $70,177.28 $75,089.69 govDelivery for Integrations $0.00 $0.00 $0.00 SUBTOTAL: $190,488.71 $199,370.80 $208,874.63 Communications Cloud Tier: for up to 25000 subscribers. Order Form Clearwater, FL Order #: Q-172000 Prepared: 01/25/2022 Page 5 of 12 PRODUCT DESCRIPTIONS Solution Description Site Improvement Credit Site Improvement Credits may only be used towards the cost of govAccess site improvement projects. Site Improvement Credits are non-refundable and may not be redeemed as partial credits. Site Improvement Credits are redeemed as of the date of signature of this document for the products noted only and may not be substituted for other Solution(s). Note: Cancellation of Order does not reactivate Site Improvement Credits redeemed. Government Experience Cloud (SERVE) Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes: • Unlimited email sends with industry-leading delivery and management of all bounces • Support to upload and migrate existing email lists • Access to participate in the GovDelivery Network • Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business hours, auto-response to inbound messages from end users, and emergency support • Text-to-subscribe functionality • Up to 2 Web-hosted training sessions annually • Up to 50 administrators • Up to 1 GovDelivery account(s) • Access to a complete archive of all data created by the client for 18 months (rolling) • Up to 3 hours of message template and integration development • Up to 100 subscription topics • Up to 100,000 SMS/text messages per year from a shared short code within the United States* *International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year. Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 6 of 12 Solution Description Communications Cloud Advanced Package The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes: • Dynamic segmentation around bulletins, engagement, and question (e.g. zip code) • Canned campaigns for re-engagement and new subscriber onboarding • Testing: Simple (A/B, 10/10/80) A subscription for the Advanced Cloud Module is dependent on an active license for the GovDelivery Communications Cloud. Communications Cloud - Setup and Configuration The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes: • The implementation consultant will be assigned to Recipient during the setup process for up to 90 days • Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics • Up to 2 Web-hosted training sessions that must be used within 180 days of Kickoff • Up to 5 hours of message template and integration development that must be used within 90 days of Kickoff Communications Cloud - Online Training Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology. Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 7 of 12 Solution Description Advanced Package - Setup and Configuration Implementation includes: • Access to an implementation consultant for up to 90 days • Access to online training documentation around advanced account functions and capabilities • Up to 2 Web-hosted training sessions within 180 days of kickoff • Up to 5 hours of message template and integration development within 90 days of kickoff The implementation process takes four to six weeks, on average, depending on the availability of stakeholders and/or current GovDelivery Communications Cloud experience. Advanced Package - Online Training Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology. AzureAD Connector License Integrate with your Microsoft Active Directories (via Azure AD not on-prem), giving staff the convenience of a single sign-on experience and automatically mapping the appropriate roles and permissions in the CMS to relevant AD users. For your intranet, the Azure AD connector powers your staff directory and organization chart to ensure they are dynamically updated on a regular basis. This may be used for your web, intranet, and subsites. OpenCities Subsite License (With Design) This License is for up to five (5) subsites to be installed with an instance of OpenCities. Examples of subsites include Libraries, leisure centers, festivals, tourism and more. Using our Subsite functionality, clients can create and manage subsites without the need to engage in custom web development. Using the site wizard, you can select what functions and layout needs you have for the site, set up publishers and permissions, and start entering content within a matter of days. Create and implement a visual theme in- house or partner with Granicus to deliver one for you. • Use the full power of CMS modules to create functionally rich subsites • Reduce maintenance costs - all sites benefit from ongoing Accessibility, Browser, Device and UI updates • Easily share content such as events in between sites, even if each site looks different • Setup password protected sites to deliver secure information to authenticated users. Subsites are supported under the same terms as the main site, with the same SLA and support and maintenance agreements. Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 8 of 12 Solution Description OpenCities CMS - License Client is equipped with the technology, expertise, and training to keep the website relevant and effective over time. Additional benefits include: • All out of the box functionality (excluding optional/premium modules priced separately) • Platform setup and full project management • Managed cloud hosting via Microsoft AzureGov • Ongoing security updates • Ongoing product updates and enhancements • WCAG AA Accessibility maintained perpetually • 99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA) Comprehensive SLA and Support Ticketing system OpenForms ENTERPRISE 1 License The Enterprise plan to accelerate digital transformation for up to: 30 users, 100 published forms. Key features include: • Workspaces • Response workflows • Custom documents (Certificates, permits, formal letters & more) • Form versioning & scheduling • Drag and drop form builder • Display logic and calculations • Payments • Insight dashboard • Form analytics • Support team access • Save responses • Unlimited responses • Data connections and API access Up to: 50GB file uploads, 2,000 web API calls per hour, 20 custom documents per form OpenCities Cloud Security License OpenCities Cloud Security License - Services Setup and Configuration Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 9 of 12 Solution Description OpenCities Content Migration In this strategy session, we will identify the proper Granicus template for each page, note any inconsistencies or custom templates, communicate how we will address certain elements of the content, and review all of this with the team lead or core team. City Responsibilities: • Complete an AIM Spreadsheet (provided by Granicus) listing all pages in hierarchical order classified as either Archive, Improve or Migrate • Identify individual or team with the ability to clarify questions and promptly make decisions about migration questions • Provide a desired folder structure for files (if contracted) What’s IN scope? • Content managed within your current CMS • Documents/images (if contracted) What’s NOT in scope? • Anything within an iFrame or embedded HTML content • Dynamic content pulled from other systems • Content not managed within CMS • JavaScript, CSS, or other custom code • Interactive web forms and/or single page applications • Written content within image/diagram • Content contained inside a PDF file • Documents and images on pages marked “Archive” Price based on maximum of 800 pages migrated + up to 2,500 documents/images migrated (following proposed AIM process). OpenCities Training OpenCities provides training based on the types of outcomes that City wants to achieve with OpenCities. Deliverables: • Content Publisher training • OpenForms training • Site Administrator training • OpenCities Help Center orientation City Responsibilities: • Identify attendees for training • Ensure attendance by staff at training • Identify power users who will operate as internal “trainers” OpenCities CMS Design This informs the creation of an additional homepage design option/wireframe (three total), with two additional rounds of revisions (five total) on the selected homepage design and inclusion of secondary page design consistent with the finished homepage design. Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 10 of 12 Solution Description AzureAD Connector License - Services Setup and Configuration Package OpenCities Intranet integrates with your Microsoft Active Directories (via Azure), giving staff the convenience of a single sign-on experience. OpenCities Subsite License (With Design) - Design Package Configuration, project management, all training, and support on best practices during project set up + launch, includes set up of up to three (3) subsites. OpenCities CMS - Services Setup and Configuration Package Configuration, project management, all training, and support on best practices during project set up + launch, includes set up of main site. OpenForms ENTERPRISE 1 - Services Setup and Configuration Package Set up and configuration of OpenForms Enterprise License, 30 users, 100 forms OpenCities Cloud Security License - Services Setup and Configuration Package Granicus uses Imperva's market leading cloud security platform. Sites can benefit from Imperva's Web Application Firewall (WAF), Bot, Distributed Denial of Service (DDoS), and Content Delivery Network (CDN). Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 11 of 12 Existing govMeetings Subscriptions Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes: • Unlimited user accounts • Unlimited meeting bodies and meeting types • Unlimited data storage and retention • Up to one (1) Legistar database • Up to one (1) InSite web portal Boards and Commissions Boards and Commissions is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk’s office. Boards and Commissions includes: • Unlimited user accounts • Unlimited boards, commissions, committees, and subcommittees • Unlimited storage of citizen applications • Access to up to one (1) Boards and Commissions site • Access to customizable, embeddable iFrame websites for displaying information to citizens • Access to a customizable online citizen application form including board-specific questions • Customizable forms for board details, appointment details, and internal tracking details • Pre-designed document PDFs for applications, board details and rosters, and vacancy reports • Downloadable spreadsheets for easy reporting Optional custom templates for document or report generation may also be purchased for an additional fee. Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. Recurring Captioning Services 432 hours of live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. Order Form Clearwater, FL Order #: Q-172000 Prepared: 1/25/2022 5:00:45 PM Page 12 of 12 GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION • Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non- cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). • Data obtained through the Granicus Advanced Network. o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network. o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt-in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY): • Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee. • Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. govDelivery for Integrations Send notification bulletins directly to constituents who subscribe to receive updates directly through Granicus (powered by govDelivery). Recieve a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network. Note: govDelivery intergrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0083 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the Water Taxi Amendment to Second Renewal with Clearwater Ferry Services, Inc. and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Ferry Services Inc. (CFS) was the winning bidder of RFP 35-16 and was awarded a two-year initial contract on November 18, 2016. The City provided funding for the purchase of a vessel (Monica’s Crossing) to be used by CFS exclusively for service within the City of Clearwater. The City issued a lien on Monica’s Crossing. The original agreement has been renewed and extended for two additional two-year terms; the second renewal will expire on December 1, 2022. The City has no intention of purchasing or acquiring Monica’s Crossing. CFS has requested the ability to expand the use of Monica’s Crossing by connecting city residents and visitors to surrounding communities. Upon approval of this amendment, Monica’s Crossing may be operated within or outside the city, however, any connections outside the city shall have a direct connection back to one of the areas within the Water Taxi Operating Agreement Second Renewal. The City releases and forever discharges its lien and any claims to Monica’s Crossing. Page 1 City of Clearwater Printed on 2/11/2022 @BCL@580FB395.docx Water Taxi Amendment to Second Renewal THIS CONTRACT amendment entered into this __________ day of ___________, 2022, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” 600 Cleveland Street, Clearwater, Florida 33755, and Clearwater Ferry Services, Inc., 615 Pinellas Street, Clearwater, Florida, 33756, a Florida corporation, hereinafter referred to as “the Corporation” WHEREAS, the Corporation was the winning bidder of RFP 35-16 and was awarded a two-year initial contract (“the Contract”) on November 18, 2016; and WHEREAS, the City, pursuant to the terms of the Contract, provided funding for the purchase of a vessel (“Monica’s Crossing”) to be used by the Corporation exclusively for service within the City of Clearwater; and WHEREAS, the Contract created a City lien on Monica’s Crossing; and WHEREAS, the Contract has been renewed and extended for two additional two- year terms, the second renewal contemplating a term that will expire on December 1, 2022; and WHEREAS, the City has no intention of purchasing or acquiring Monica’s Crossing; and WHEREAS, the Corporation has requested the ability to expand the use of Monica’s Crossing by connecting City residents and visitors to surrounding communities; NOW THEREFORE, in consideration of the promises stated herein, the City and the Corporation mutually agree as follows: 1. RECITALS The recitals above are true and correct, and incorporated herein by reference. Page 2 of 3 2. AMENDMENT TO OPERATING PARAMETERS FOR MONICA’S CROSSING The City and the Corporation hereby agree that upon ratification, Monica’s Crossing may be utilized in the same manner and to the same extent as the Corporation’s other vessels, Maddie’s Crossing and Hailey’s Crossing. Specifically, the City and the Corporation agree that Monica’s Crossing may hereafter be operated within or outside the City. However, any connections outside of the City shall have a direct connection back to one of the Areas contemplated within the agreement dated October 28, 2020. 3. RELEASE OF LIEN ON MONICA’S CROSSING Upon ratification of this amendment, the City hereby releases and forever discharges its lien and any claims to the Corporation’s vessel known as Monica’s Crossing. 4. ALL OTHER TERMS REMAIN INTACT Except as modified by the preceding paragraphs, the Water Taxi Operating Agreement Second Renewal, entered into on October 20, 2020, remains in full effect until it expires on December 1, 2022. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ Frank V. Hibbard Jon Jennings Mayor City Manager Page 3 of 3 Approved as to form: Attest: _______________________ ________________________ David Margolis Rosemarie Call City Attorney City Clerk (Clearwater Ferry Services, Inc.) Attest: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Title: ________________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0124 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Sentry Event Services, Inc., of Tampa, FL for security services in an annual not-to-exceed amount of $200,000.00, which includes a 10% contingency, and three, one-year renewal options, pursuant to Request for Proposal (RFP) 06-22, Security Services and authorize the appropriate officials to execute same. (consent) SUMMARY: Security Services was rebid under RFP 06-22 to obtain licensed security service companies to perform services for various departments and locations within the City of Clearwater, with trained, uniformed, unarmed security guards/officers on an as-needed basis. The City received eight responsive proposals, which were evaluated by a committee comprised of staff from General Services and Parks and Recreation departments, and the Parking Division of the Engineering department. The proposals were evaluated on three key areas: responsiveness, responsibility, and technical capabilities. The committee selected Sentry Event Services, Inc ., to provide these services. The original award from RFP 26-21, approved by Council on August 19, 2021, was canceled as the awarded vendor was unable to secure staff to provide adequate security support. The amount requested includes a contingency of approximately 10% in the event additional services are requested and to cover any applicable Consumer Price Index increases. APPROPRIATION CODE AND AMOUNT: Funds have been budgeted in Building and Maintenance contractual services cost code for the Municipal Services Building and Main Library which includes Work Sessions, Council Meetings, and designated advisory board meetings. Security services for special events will be charged to Parks & Recreation Special Events Programs which are funded by special events revenues. Security services for parking will be charged to Engineering’s Parking Fund which is funded by parking revenues. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/11/2022 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #06-22 Security Services October 21, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, November 23, 2021 to provide Security Services. Brief Description: The City of Clearwater (City) is seeking proposals from licensed security service companies with trained, uniformed, unarmed security guards/officers to perform security services for various departments and locations within the City of Clearwater. Proposals 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. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Security Services 2 RFP #06-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. 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 proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: November 23, 2021 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Security Services 3 RFP #06-22 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer 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 proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 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 proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Security Services 4 RFP #06-22 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, 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 proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal 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 proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal 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 proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer 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 proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer 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. INSTRUCTIONS Security Services 5 RFP #06-22 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, 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.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of 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 Security Services 6 RFP #06-22 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer 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 proposer’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 Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications 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. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: EVALUATION CRITERIA (Response Elements, pgs. 23 - 24) Points Demonstrated Experience of the Firm (Tab 2) 25 References (Tab 2) 15 Qualifications and Availability of Security Personnel (Tab 3) 25 Ability to Meet Scheduling Requirements (Tab 3) 20 Services Pricing (Tab 4) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Security Services 7 RFP #06-22 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer 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 proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 10/21/2021 Advertise Tampa Bay Times: 10/27/2021 Responses due: 11/23/2021 Review proposals: 11/23/2021-12/07/2021 Presentations (if requested): Week of December 20, 2021 Award recommendation: Week of December 20, 2021 Council authorization: January 2022 Contract begins: January 2022 STANDARD TERMS AND CONDITIONS Security Services 8 RFP #06-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Security Services 9 RFP #06-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Security Services 10 RFP #06-22 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to 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. STANDARD TERMS AND CONDITIONS Security Services 11 RFP #06-22 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current STANDARD TERMS AND CONDITIONS Security Services 12 RFP #06-22 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. STANDARD TERMS AND CONDITIONS Security Services 13 RFP #06-22 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or STANDARD TERMS AND CONDITIONS Security Services 14 RFP #06-22 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 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 STANDARD TERMS AND CONDITIONS Security Services 15 RFP #06-22 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. 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 STANDARD TERMS AND CONDITIONS Security Services 16 RFP #06-22 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Security Services 17 RFP #06-22 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment and community. 2. GENERAL PURPOSE. The City of Clearwater is seeking proposals from licensed security service companies with trained, uniformed, unarmed security guards/officers (security personnel) to perform security services for various departments and locations within the City of Clearwater. 3. SCOPE OF WORK. The specific schedule and work requirements for the listed locations are described below. These requirements shall not preclude the City from requesting additional tasks and/or duties related to security. 3.1. GENERAL STAFFING REQUIREMENTS. a. Communication: All security personnel must be able to communicate orally, read, and write, in English. Bilingual security personnel may be requested for specific events or assignments, as needed. b. Customer Service: All security personnel must demonstrate a commitment to be courteous, helpful, attentive, and alert during their shifts. Security personnel shall be trained and experienced in building security, event security, customer service, and handling difficult people as well as escalated situations. The City reserves the right to require immediate removal of any security personnel deemed unfit for service. The Vendor must have appropriate staffing resources to be able to provide a replacement within twenty-four (24) hours. c. Uniforms: All security personnel shall maintain a professional appearance and demeanor, be properly uniformed for the assignment, and wear an identification badge at all times (a minimum of three [3] photos of security personnel uniforms are required with response). d. Equipment: Appropriate equipment will be provided by the vendor to all security personnel – a cell phone or radio is a requirement; a City radio may be provided to the on–site manager during City events. Security personnel are prohibited from carrying weapons of any kind, including but not limited to firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or liquid. e. Management: Vendor shall provide appropriate and necessary management and supervision for all security personnel and shall be solely responsible for instituting any disciplinary action of personnel not in compliance with the vendor’s rules and regulations, as well as any other policy established by the contracting parties. 3.2. SERVICE LOCATIONS. Additional locations may be added or removed during the term of the contact. Below are the locations and services requested for the City’s current primary locations: DETAILED SPECIFICATIONS Security Services 18 RFP #06-22 3.2.1. CLEARWATER MUNICIPAL SERVICES BUILDING (MSB); 100 S. MYRTLE AVE., CLEARWATER, FL a. Number of security personnel: one (1) daily. b. A security personnel shall be stationed at the MSB lobby reception desk Monday through Friday, 8:00 a.m. until 5:00 p.m. (EST), excluding City recognized holidays. c. Due to Covid 19, visitors and delivery personnel are not permitted to enter the MSB building past the security checkpoint. Once restrictions are lifted, the security personnel shall monitor entry and egress access to ensure all visitors are checked in and issued a visitor badge. All persons entering the building will be required to sign in and out and indicate the department and employee(s) they will be visiting. Delivery persons will be allowed entry for department access. d. The security personnel shall assist City staff with disruptive and/or unruly visitors. This includes asking individual(s) to leave the premises and/or coordinating with the City of Clearwater’s Police Department to escort the individual(s) off the premises. e. Security personnel shall report any unusual activity to Parks Administrative Services Manager, and depending on severity of situation, the Clearwater Police Department. f. The security personnel shall assist City staff in the event of an emergency, including assistance during a building evacuation. g. The security personnel stationed at this site will be required to submit a daily incident/operating report which shall include the roster of all visitor(s) that entered/exited the building and any events of suspicious nature that required supplemental attention including all parties involved (i.e. police, department staff, etc.). h. The City will equip the reception desk with standard equipment including a computer, phone, and a two-way (2-way) radio to be used for business purposes only. i. The City will provide building access card(s) to the Vendor. Vendor shall require all employees performing under this contract to personally sign and be responsible for each electronic access card to gain entry to the MSB. Access cards are to be used only by the individual who has been assigned the card and approved by the City. When an individual is no longer employed by the Vendor, the card must be reassigned using the City’s employee exit procedures. Procedures will be provided to the awarded vendor. If a card is lost, report immediately to the Management Analyst with the Parks & Recreation Department. The use of an access card by any person other than the individual to whom the card is assigned will be cause for termination of the Contract. 3.2.2. CITY SPECIAL EVENTS; VARIOUS LOCATIONS, CLEARWATER, FL (reference Exhibit A_Special Events Tentative Schedule for 2022 events) a. Number of guards: varies depending on size of event DETAILED SPECIFICATIONS Security Services 19 RFP #06-22 b. The City hosts a variety of concerts and sports events throughout the year. Each event has unique security requirements that are pre-planned and vetted with the Vendor. Event security personnel are prohibited from “hands-on” contact with event attendees. c. Prior to an event, Vendor will work with the City’s event staff to develop an action plan for an upcoming event. The action plan will include identifying the number and type of security personnel needed (i.e. parking lot personnel, security personnel, event pit personnel, etc.), utilize event metrics to assign supervisors, roamers, and other required staffing. Review City prepared event map with security placement locations and finalize plan with site visit several days prior to the event. d. Pricing shall be extended for special events and athletics, co-sponsored groups (i.e. City Co-Sponsored Youth Sports Groups, etc.) and billed directly to the group. e. Coachman Park is currently closed and is expected to reopen to host events in 2022/2023. Once the park is opened, priorities may change. 3.2.3. MAIN LIBRARY; 100 N. OSCEOLA AVE., CLEARWATER, FL a. Number of guards: one (1) per meeting b. Security personnel shall be stationed at the Council Chambers during times City Council is in session. City Council Meeting schedule will be shared with the Vendor upon award. To view prior meeting dates visit https://www.myclearwater.com/government/council-meeting-streaming-videos. c. The security personnel shall assist City staff in the event of an emergency, including assistance during a building evacuation. d. The security personnel shall assist City staff with disruptive and/or unruly visitors. This includes asking individual(s) to leave the premises and/or coordinating with the Clearwater’s Police Department to escort the individual(s) off the premises. 3.2.4. PARKING GARAGES; MSB PARKING GARAGE, STATION SQUARE AND GARDEN AVENUE GARAGE. a. Number of guards: one (1), patrolling three (3) parking garage locations that are open to the public for parking 24/7/365.  Garden Ave Garage  Municipal Services Center Garage  Station Square Garage (public Level only) b. Security personnel will patrol the parking garages Monday through Sunday, 12:00 a.m. until 5:00 a.m. (EST), including holidays. c. Security personnel will be responsible for patrolling the properties, inspecting the garages / equipment, and periodically monitoring access points. d. Security personnel will prevent losses and damage by detecting any suspicious happenings and preventing vandalism, thefts, and any other criminal behavior while reporting irregularities and informing trespassers of policy and procedures. DETAILED SPECIFICATIONS Security Services 20 RFP #06-22 e. Security personnel shall report any unusual activity to the Parking Operations Supervisor and depending on severity of situation, the Clearwater Police Department. f. It may be necessary to complete a written report about any significant event or finding and it is expected that Security personnel will cooperate with any police investigation initiated through this scope of work, up to and including testifying in court if needed. 4. MINIMUM QUALIFICATIONS. Vendor’s responding to this solicitation, and their employees, will be properly licensed in accordance with state, county, and/or city requirements, and be able to demonstrate relevant experience and qualifications to comply with the requirements set forth herein. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, are required. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS Security Services 21 RFP #06-22 Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #06-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Security Services 22 RFP #06-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. January 2022 – January 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve 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. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Security Services 23 RFP #06-22 1. PROPOSAL 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, three (3) 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. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal Provide a brief letter of transmittal that includes the following information: 1. The proposer’s understanding of the work to be performed 2. A positive commitment to fulfill the contract requirements set forth herein 3. The names of key persons, representatives, project managers who will be the main contacts for the duration of this contract TAB 2 – Demonstrated Experience of the Firm and References Provide the following information: 1. Organization and Management- Location of office(s); identify primary servicing location and staff list (including job title and description) for this contract 2. Firm’s Business Experience and History a. Provide description of the company, including brief history, and length of time providing security services. b. Provide a summary of all lawsuits filed against company in the last five (5) years 3. References- Provide a minimum of three (3) references for comparable contracts within the past five (5) years. Include complete contact information of the agency/company point- of-contact including name, phone number, and email address. Indicate the services provided and contract term. TAB 3 – Qualifications and Availability of Security Personnel and Ability to Meet Scheduling Requirements Provide the following information: 1. Overview the availability of qualified staff and equipment necessary to perform the contract requirements set forth herein. a. Include the number of employees currently on staff and provide a list of current security personnel that will be assigned to the City. b. Provide lead time required to staff City Special Events (i.e. smaller events: 1 to 24 security personnel; larger events 25 (+) security personnel) 2. Overview the firm’s hiring and training programs a. Hiring practices including background screening and disciplinary policies, and termination procedures b. Employee training programs c. Describe firm’s safety program Tab 4 – Services Pricing Provide billing rates applicable to the staffing positions referenced in Tab 2, estimating the number of hours and overall costs associated with fulfilling the contract requirements set forth herein. Identify overtime rates associated with each position and the likelihood of overtime associated with the contract requirements set forth herein. RESPONSE ELEMENTS Security Services 24 RFP #06-22 Explain the firm’s ability to maintain multiple billings by agency department, how invoices are processed, frequency, terms, etc. Include a sample of billing invoice. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form as required 6. Copies of licenses and/or certifications 7. A minimum of three (3) photos detailing the security personnel uniforms 8. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Security Services 25 RFP #06-22 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Security Services 26 RFP #06-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Security Services 27 RFP #06-22 By signing and submitting this Proposal, the Vendor 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) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Security Services 28 RFP #06-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL 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 _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Security Services 29 RFP #06-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Security Services 30 RFP #06-22 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 _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Security Services 31 RFP #06-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #06-22, Security Services Due Date: November 23, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #06-22, Security Services Due Date: November 23, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1) Blue Shield Security & Protection Inc 2) Centurion Security Group LLC 10705 Chesham Hill Ct.13000 SW 120th St. Riverview, FL 33579 Miami, FL 33186 813-966-4335 800.800.9151 Certified Small Business Enterprise 3) Covenant Security Solutions 4) GTOPSS 360 Central Ave, Ste 800 GTOPSS Security St. Petersburg, FL 33701 207 Orange Mill Ave 941.350.1623 Ruskin, FL 33570 510.415.5537 5) Marc Security Services LLC 6) Rat Pack Worldwide Security and 5118 N 56th St.Consultant Inc Tampa, FL 33610 1725 MLK Jr Blvd 877-262-6372 Tampa, FL 33607 Certified Small Business Enterprise /813.955.2415 Minority/Women Business Enterprise Certified Veteran & Minority Business 7) Sentry Event Services, Inc 8)Veterans Security Corps of America, Inc 4201 N Dale Mabry Hwy 3020 N Federal Hwy, Bldg. 7C Tampa, FL 33607 Ft. Lauderdale, FL 33306 813.350.6590 954.731.5161 Certified Small Business Enterprise / Servi Disabled Veteran-Owned Small Business ADVERTISED: TAMPA BAY TIMES 10/27/2021 POSTED:myclearwater.com 10/21/21-11/23/21 Due/Opening: November 23, 2023; 10:00 a.m. REQUEST FOR PROPOSAL No. 06-22 Security Services Solicitation Response Listing FOR THE CITY OF CLEARWATER Invitation to Negotiate Request for Proposals For: Security Services #06-22 November 23, 2021 Sentry Event Services, Inc. 4201 North Dale Mabry Hwy Tampa, Florida 33607 Owner/President: Ken Milburn Cell: (727) 235-1921 Office: (813) 350-6590 TABLE OF CONTENTS TAB 1: LETTER OF TRANSMITTAL 1 SENTRY LETTER OF TRANSMITTAL 2 TAB 2: DEMONSTRATED EXPERENCE OF SENTRY AND REFERENCES 3 ORGANIZATION AND MANAGMENT 4 MANAGEMENT ORGANIZATIONAL CHART 8 COMPANY EXPERIENCE 11 PROFESSIONAL REFERENCES 19 TAB 3: QUALIFICATIONS AND AVAILABILITY OF SECURITY PERSONNEL 26 CURRENT AND PLANNED STAFFING 27 HIRING PROCESS 28 UNIFORM POLICY 29 RECRUITMENT AND HIRING 32 SAFETY PROGRAM 36 EMPLOYEE STANDARDS 38 EMPLOYEE HANDBOOK 40 SUPERVISOR’S TRAINING 49 TAB 4: SERVICES PRICING 54 SERVICES PRICING 55 TAB 5: OTHER INFORMATION 59 EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA FORM 60 VENDOR INFORMATION 61 VENDOR CERTIFICATION OF PROPOSAL FORM 62 SCRUTINIZED COMPANY FORMS 63 E-VERIFY ELIGIBILITY FORM 65 FLORIDA AGRICULTURE SECURITY LICENSE 66 CERTIFICATE OF LIABILITY INSURANCE 67 SENTRY EVENT SERVICES, INC. W9 68 OTHER INFORMATION 69 COMMUNITY OUTREACH 71 REPORTS AND LOGGING PAPERWORK 72 Tab 1: Letter of Transmittal 1 City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Floor Clearwater FL 33756-5520 We are most appreciative of this opportunity to present our security and event services cost proposal for the City of Clearwater. We are looking forward to continuing our relationship with the City of Clearwater outlined in #06-22 Security Services proposal. Sentry has provided security and event staffing throughout the Tampa Bay community for 30 years. We know and understand the importance of displaying a safe and friendly environment to all guests, employees, and entertainers that come to the City of Clearwater. Sentry fully understands the scope of work outlined in the Request for Proposal #06-22 and looks forward to the opportunity to continue our relationship with the City of Clearwater. We understand that there is a delicate line between hospitality and enforcement. Security duties will always include welcoming guests, smiling, assisting guests with questions, providing accurate directions, and giving a positive first impression when a guest enters a property. The uniform projects the security part of the assignment; how we great and speak to the guest will project the hospitality side of our services. Sentry is committed to fulfill all aspects of this contract. Teamwork is an essential part of any organization. Jennifer Hensley will be responsible for scheduling and invoicing of all operations. Larry Portman will be the account manager responsible to client contact, event planning, and event operations. We pledge our cooperation with your staff and entities working with the City of Clearwater. We understand the success of any security contract is directly related to the experience and professionalism of the management team responsible for those contracts. We believe we have the finest, qualified, and motivated team. Thank you for allowing Sentry Event Services, Inc. the opportunity to submit this proposal. We look forward to continuing our partnership. Should you have any questions please feel free to contact me at any time. Ken Milburn Owner/President Entry Event Services, Inc 2 Tab 2: Qualifications: Experience of Sentry and References 3 Sentry Event Services, Inc. Managerial Experience Ken Milburn – Owner/President Ken, the owner and operator of Sentry Event Services, earned his BS from the University of South Carolina. He has worked in security and crowd management operations since 1989 in a wide variety of indoor and outdoor venues, focusing largely on musical and athletic events. Primarily, he manages and directs events at Raymond James Stadium, as well as many other venues throughout the state. Twenty years of spring training and Twenty Four years of regular season Major League Baseball, as well as participation in the 1996 Summer Olympic Games Baseball Operations have equipped Ken to identify specific concerns with regard to major facilities. His more recent experience with the NFL has broadened this knowledge, as have Ken’s other forays into sports event management, including both past and ongoing experience with the NCAA in basketball and football, the NHL, NBA, and the Arena Football League. Most notably, he has provided security and event staffing for the 2017 NCAAF National Championship, NCAAM Final Four, multiple Super Bowls, the XFL, and NFL Mexico. Concerts and festivals form another major part of Ken’s repertoire. He has staffed and assisted in event operations for countless shows, including, Metallica, Beyoncé, the Rolling Stones, Guns ‘n Roses, Kid Rock, Taylor Swift and Bruce Springsteen, as well as several annual events such as Livestock, the Warped Tour, Gasparilla, the Last Damn Show, Sarasota Blues Festival, Reggae Rise Up and many others. In 2001-2002 Ken designed and managed Salt Lake City’s Olympic Village Communication Center, serving as a liaison for Secret Service, FBI, Department of Defense, and Utah police. He has also worked closely with Secret Service, FBI, U.S. Customs, and FDLE on numerous occasions when high-profile guests such as President George Bush, President Bill Clinton, Vice President Al Gore, and Governor Jeb Bush have visited the area. This experience has greatly increased his understanding of threat assessment in the age of terrorism. Ken’s philosophy of structured, quality growth along with his extensive knowledge and experience enables Sentry Event Services, Inc. to provide unparalleled event service in Central Florida. Originally from Washington D.C., Ken has made the Tampa Bay community his home for nearly two decades. His continued commitment to the Bay area is exemplified by his donation of services to Lowry Park Zoo and St. Petersburg Aquarium, sponsorship of law enforcement softball teams, numerous donations to local and regional non-profit groups, and strong working relationship with area law enforcement. 4 Jim Johnson – Security/Operations Director Jim Johnson started his career with Sentry Event Services in 2006 after being in the United States Army where he was able to learn many of his specialized skills. Mr. Johnson has years of experience as a New York State Department of Corrections Officer as well as being on their Escape and Pursuit Team. After years in the military and corrections, Mr. Johnson moved into the security sector of events at large venues. Mr. Johnson has hired, trained, and maintained staff for Sentry Event Services, Inc. while Directing multiple venues including Raymond James Stadium, Mid-Florida Credit Union Amphitheatre, Sun “n” Fun Airshow, NFL Pro Bowl 2019, NCAAF 2017 National Championship and countless more concerts and events. Mr. Johnson oversees all events and clients to ensure management has support from our home office and has everything they need to remain successful. On top of his professional experience, Mr. Johnson has also been able to train with FEMA/Department of Homeland Security to complete the following trainings; Incident Command Systems for Single Resources and Initial Action Incidents, Nation Incident Management System, National Response Framework, and Sport and Special Event Evacuation Training and Exercise. Mr. Johnson also hosts and creates Sentry’s yearly training while working with the NFL’s Best Practices as well as all local Law Enforcement standards. Evan Helgesen – Event Manager Assisting Mr. Johnson and Mr. Milburn for seven years, managing events and venues including Tropicana Field, Al Lang Stadium, and Donald L Tucker Civic Center, Mid-Florida Credit Union Amphitheatre and many more local venues and events. Mr. Helgesen began his career after earning a Bachelor’s Degree in Sport Management from Baldwin Wallace University in 2010, while interning for the Cleveland Indians and Cleveland Browns where he worked in operations and the locker rooms. He has been able to assist managing and supervising major events including NFL Mexico, St. Petersburg Grand Prix, NFL Pro Bowl 2019, The 2017 NCAAF National Championship and countless others. In six years with Sentry Event Services, Inc., he has managed over 2,000 events ranging from a few patrons to as many as 75,000 patrons. Mr. Helgesen has completed the following trainings with FEMA/Department of Homeland Security; IS-907: Active Shooter, IS-906: Workplace Security Awareness, IS-914: Surveillance Awareness, IS-20.18: Diversity Awareness Course 2018, and IS-100.B: Introduction to Incident Command Systems. Derrick Burdgess – Event Manager After competing as a college football player at the University of Florida, Mr. Burdgess found his early career in the Department of Juvenile Justice. After leaving the department in 2004 for Sentry, Mr. Burdgess has now managed and supervised thousands of events for Sentry Event Services, Inc. Derrick has set an example to supervisors and new managers throughout the years on how to properly manage an event and venue. Working with the city of Tampa, Lowry Park Zoo, The Mid-Florida Credit Union Amphitheatre, and the Tampa Convention Center, Mr. Burdgess has proven to be an irreplaceable asset. 5 Site/Event Supervisors Sentry Event Services, Inc. proudly has multiple trained supervisors for all their venues. Currently, Sentry employs over 85 trained and licensed supervisors. These supervisors all have multiple annual trainings and venue specific training as well. To become a supervisor with Sentry Event Services, Inc. while already being a security guard, one must finish ALL the supervisor requirements and trainings as well as having (2)managers approve of the employee being promoted. Our supervisors are also required to complete FEMA/DHS courses on Active Shooter Situations, Workplace Security Awareness, and Diversity Awareness which heavily includes ADA training. Sentry proudly utilizes our supervisors in all positions and regularly will be used at the more important positions. These supervisors will all come to every event prepared for the elements and with the necessary information to create a safe environment. With decades of event security experience, Sentry supervisors have been through and prepared for multiple situations ranging from natural disasters all the way to small medical incidents. Sentry currently employs 350 Class D Licensed security professionals who are trained and available to interview for the positions requested by the Florida State Fair. In addition to the 350 Class D Licensed security professionals, Sentry employs a team of 85 Class D Licensed security professional supervisors who are also available to interview for the positions requested by the Florida State Fair. Sentry also employs 425 non licensed event staff/parking professionals. Sentry proudly hires all security officers at a starting pay rate of $13.00 hourly with possibility for advancement. Larry Portman – Event Manager Mr. Portman has been with Sentry Event Services, Inc. for 26 years. During this time, he has managed and supervised thousands of events. Mr. Portman has been a lead on multiple large events including Sun N’ Fun Airshow, 2017 NCAAF National Championship, multiple Super Bowls, and concerts ranging from 50 patrons to 70,000 patrons. Mr. Portman has also managed the Dunedin Blue Jays minor league and Spring Training facility for six years. Throughout his career he has been through countless trainings put on by the Department of Homeland Security, St. Petersburg Police Department, as well as Tampa Police Department, Hillsborough Sheriff’s Office and many more. Mr. Portman has maintained his position as a manager for multiple decades by leading by example while consistently providing quality service to all clients. Mr. Portman will serve as the contract manager for events as well as assisting Sentry Event Services, Inc. management with 24 hour coverage site security. Todd Machnovitz – Event Supervisor Todd Machnovitz has been an Event Supervisor as well as serving as a manager since August of 2010. Mr. Machnovitz has performed lead roles for Sentry Event Services, Inc. including Super Bowl LIV, 2019 NFL Pro Bowl, 2017 NCAAF National Championship, the Republican National Convention, and many more. He has also served as a supervisor at countless Tampa Bay Rays, Buccaneers, and Rowdies games. As well as experience with Sentry, he has been a lead supervisor for Jannus Landing Concert Venue security since 2014. Mr. Machnovitz has worked over 1000 concerts at over 50 venues. Mr. Machnovitz will serve as a lead supervisor for events under Sentry Event Services, Inc. management. 6 Jen Hensley – Office/Contract Manager Doing a little of everything, Ms. Hensley assists all managers and employees with scheduling as well as coordinating event and venue needs with clients for the past nine years. With countless events and hundreds of employees, she is responsible for coordinating with our clients their specific needs for each given week or event. Once she receives the information she coordinates the scheduling of employees with the venue manager to confirm details for that specific shift. On top of her office duties, she supervises many of the smaller events at Raymond James Stadium as the security manager. Ms. Hensley also assists in hiring and interviewing all potential guards as they come in for screening. 7 Ken Milburn President/Owner Jim Johnson Operations Director Tampa Larry Portman Event Manager Tampa Supervisor Security Event Staff Evan Helgesen Operations Manager Tallahassee Taylor Daykin Security Event Staff Jennifer Hensley Office Manager/HR Tampa Derrick Burdgess Operations Manager Tampa Todd Machnovitz Security Event Staff Management Organizational Chart Sentry Event Services, Inc. Organization Plan for City of Clearwater: Contract Manager The Contract Manager (Larry Portman) will work closely with the City of Clearwater management to support the event planning and overall operations, including budgeting, staffing and day-to-day functions. Mr. Portman will also provide support to City of Clearwater and front-line security staff. The contract manager will set a standard for all security guards and is expected to train, monitor, and discipline staff on all issues. The manager will be in constant communication with the City of Clearwater management to stay up to date and informed on any changes that may occur. Mr. Portman will ensure the City of Clearwater management is satisfied with all staff and their production constantly to create the highest level of service. The contract manager acts as the liaison between the City of Clearwater, clients, guests and Sentry Event Services, Inc. The manager: •Plans, directs, and coordinates all activities relating to the protection, safeguarding and security of the City of Clearwater assets, employees, clients, and guests •Advises, makes recommendations, assist in the formulation of goals and objectives of the City of Clearwater •Implements and monitors security policies, procedures, and programs •Complies with federal, state, and local regulations 8 •Exercises independent judgement while carrying out overall responsibilities and other activities as assigned by the City of Clearwater and Sentry Event Services, Inc. Essential Functions: •Identifies and resolves security related problems •Develops and implements alternative methods for security operation improvement •Prepares budget estimate and reports •Orders supplies and equipment as needed •Supervision of security personnel •Initiates personnel actions such as recruitment, post placement, transfers and discipline or dismissal measures •Prepares work schedules; assigns or delegates responsibilities •Provides directives •Sets deadlines to ensure completion of operational functions The competencies of the on-site manger musts: •Communication proficiency •Decision making •Discretion •Organizational skills •Problem solving and analysis •Results driven •Stress management and composure •Strategic thinking •Customer service Assistant Operations Manager The Assistant Operations Manager (Derrick Burdgess) will work directly with Sentry’s Operations Manager as well as the City of Clearwater management. They are expected to know all responsibilities of the Operations Manager as well as the security staff. Mr. Burdgess will assist with large scaled events and in the event the Operations Manager falls ill or is unable to perform duties. Office Manager The Office Manager (Jen Hensley) provides support to the Operations Manager. The Office Manager will assist with staff recruiting, scheduling, and data entry into the Sentry Scheduling System. Ms. Hensley will also provide support to Operations Managers, and front-line staff on non-event days as well as during the events. Event/Site Supervisor Supervisors must possess a Florida Class D Security License. Supervisors are responsible for overseeing teams in their area of the property, including event briefings, staff coaching and a resource for front-line staff. Supervisors have experience in the venue and in most cases, have long standing experience in the area they are assigned to supervise. Sentry Event Services, Inc. maintains a strong philosophy of promoting from within and strives to identify and develop team members into Supervisors. 9 Security Security personnel must possess a Florida Class D Security License. Security is responsible for maintaining the integrity of the property. These positions perform a visual credential check, ensuring the credential is permitted in the area, as well as a physical check and matching the credential picture to the person. Security will operate a secure checkpoint at all access points to the property. Security will scan guest for any type of metal—including weapons and other prohibited items (if the event rules and regulations call for it). Security guards are expected to greet every individual that wishes to gain access to the property with a friendly welcome. Security guards are expected to report and record all incidents that occur on their shift to their supervisor. Sentry Event Services, Inc. prides itself on hiring and training the correct guard for every position to ensure they maintain the rules and regulations of the property while representing all associated organizations in a positive manner. Our guards are expected to exemplify what great customer service should be always. Event Staff Event Staff greets guests, proactively answers questions, direct guests to their requested location (i.e., seats, bathroom, and other areas of interest). Event Staff members are also a resource for incident reporting with accidents, unruly guests, or emergency situations. Event Staff and Ushers will report directly to their supervisor for any questions, concerns or to report an incident. Lawsuits Sentry has had one lawsuit which occurred during a concert at Raymond James stadium in 2017 and has since been settled in 2019. Sentry Event Services, Inc. currently is not currently involved in any lawsuits. 10 Sentry Event Services, Inc. Company Experience Sentry Event Services, Inc. was founded in 1991 to service the St. Petersburg and Tampa area with professional Event Staffing and Security Services for the past 30 years. Sentry provides quality customer service and professional security officers to accommodate various customer’s needs. Sentry has served both short term service and long term service with many different clients here in the Tampa Bay and St Petersburg area. Sentry consistently provides professional security guards while maintaining quality customer service for a large diversity of clients. Below will be a summary of clients we have served over the past 30 years: Raymond James Stadium – Home to the NFL Tampa Bay Buccaneers, USF Bulls, Outback Bowl, Monster Jam, Tampa Bay Vipers and various concerts and events. Sentry Event Services currently has a long term contract with the Tampa Sports Authority and Raymond James Stadium since 2003. Raymond James Stadium will host to the 2021 Super Bowl, which will be Sentry’s ninth Super Bowl Experience assisting the NFL. Tropicana Field – Originally the home of the Tampa Bay Lightning, Sentry Event Services, Inc. provided Security and Event Staff for 26 years at Tropicana Field. From 24 hour guard services to working every Tampa Bay Rays game and the hundreds of other events each year. Sentry proudly volunteered services through Tropicana field for charitable events as well as sponsoring many organizations and events. 11 Mid Florida Credit Union Amphitheater – Sentry Event Services, Inc. had a long term contract with The Mid Florida Credit Union Amphitheater from 2004 – 2015. Following the 2015 concert season, Live Nation decided to take their security and usher staff in house. Sentry currently still has a great, working relationship with amphitheater management. Sentry still proudly supplies rental security equipment and provides parking staff members to assist with their larger shows. USF Sun Dome (Yuengling Center) – Sentry Event Services, Inc. had a long term contract with USF from 2000 – 2017. Sentry assisted the Sun Dome Management with USF Men’s and Women’s Basketball games, concerts, graduations, and many more events throughout the years. In 2017 the Sun Dome was purchased out and went in house with their security services. Sentry still provides assistance and security for other campus events. National Football League (NFL) - Sentry Event Services, Inc. has had a long term relationship with the NFL providing services for large events multiple Super Bowls including LIV in Miami this past season. Sentry is currently getting ready for the 2021 Super Bowl in Tampa. Sentry had the privilege of working the 2019 NFL Pro Bowl Hotels, ESPN Wide World of Sports Complex and their locker room area. Sentry was also invited to assist with sideline security for NFL Mexico in 2017 for the New England Patriots and Oakland Raiders game. In 2009, the NFL asked Sentry to assist securing the NFL Rookie Symposium. 12 Tampa Bay Convention Center – Tampa Bay’s busiest event center for large scale events and conventions. Sentry Events Services, Inc. has a long term contract with the Tampa Bay Convention since 2010 – current. We provide the 24 hour guard service plus provide staff for the various events. RP Funding Center – Home to the Lakeland Magic and various events throughout the year. Sentry Event Services, Inc. has had a long term contract with the RP Funding Center since 2012 – Current providing security and event staff for all events at this venue. Osceola Heritage Park – Home to the MECUM car auction, the County Fair and other various events. Sentry Event Services, Inc. assisted Osceola Heritage Park in providing both 24 hour guard service and event services from 2013-2016. 13 Southeastern University – Home of the Fire, and private Christian Liberal Arts University. Sentry Event Services, Inc. provides security services for South Eastern University since 2016 – current. Sentry is able to provide 24 hour security service as well as Event Staffing for their football games. Donald L Tucker Civic Center – Home of the Florida State University Men’s and Women’s Basketball Programs, college and high school graduations, and many various events. Sentry Event Services, Inc. has provided security services and event staffing since 2016 and is currently still their provider. Firestone Grand Prix of St. Petersburg – Home of the grand prix racing circuit, Sentry Event Services, Inc. has provided security services since 2008. Sentry is proud to assist all vendors and teams with their security services. 14 Valspar PGA Golf Tournament - Sentry Event Services, Inc. has provided security services and parking services for this event since 2014. These services include providing the security for the concert that accompanies each weekend tournament. Gasparilla Children’s parade and Adult parade - Sentry Event Services, Inc. has provided security services and event staffing for Gasparilla Children’s and Adult Parade as well as the Gasparilla Music Festival since 1998. Sentry is able to provide aspects such as Crowd Control, Bicycle Security, Golf Cart, as well as on the floats themselves. Republican National Convention 2012 - Sentry Event Services, Inc. proudly assisted with one of Tampa’s biggest event in 2012 the Republican National Convention. We provided security at the Tampa Bay Convention Center, Liberty Plaza which was a complex of tents that had various concerts and TV shows related to the Convention. Artist like Kid Rock, Lynyrd Skynyrd, Trace Adkins and Journey played concerts at Liberty Plaza. Mike Huckabee also had his daily TV show at Liberty Plaza. Many Republican candidates made appearances at Liberty Plaza including Newt Gingrich, John Voight and Clint Eastwood. 15 TD Ballpark (Dunedin/Toronto Blue Jays Facility) - Sentry Event Services, Inc. has proudly provided event security as well as off day security for the facility beginning 2008. During the Single A baseball season, sentry provides security as needed based on expected attendances. Ed Smith Stadium – Sentry Event Services, Inc. has had a long term contract with Ed Smith Stadium dating back to when the Chicago White Sox did their Spring Training here (1991-1997). The Cincinnati Reds then decided to make Ed Smith their spring training home here from 1998-2008. The Orioles arrived in 2010 after renovations. Sentry Event Services, Inc. provided security at Ed Smith Stadium from 1991 – 2008, and then again from 2010 – 2012. Al Lang Stadium – Sentry Event Services, Inc. provided security and event staff at Al Lang from 1998 – 2017. Sentry was able to develop a relationship lasting throughout multiple teams and organizations while providing top notch security and event staffing. Sentry also was able to assist in the preparations and set up of concerts at Al Lang Stadium. 16 Sentry Event Services, Inc. Affiliated with the Following Organizations NCS4 is the world’s leading academic research institution in addressing sports safety and security risks and threats. NCS4 functions with the ambitious mission of conducting innovative research, provide training, enhance professional development, and assess security solutions to support the advancement of safety and security throughout the world. IAVM mission statement: educate, advocate for, and inspire public assembly venue professionals worldwide. The SAFETY Act provides important legal liability protections for providers of qualified Anti – Terrorism Technologies whether they are products or services. The goal of the Safety Act is to encourage the development and deployment of effective anti-terrorism products and services by providing liability protections. Sentry Event Services, Inc. is currently working with the Attorneys at Petrone Risk in getting their designation then certification. Chris Bryant is an award-winning trainer, consultant, and coach in equipping service individuals and organizations to deliver a world-class level of service. His expertise in elite service was inspired and honed by a career with legendary brands that include Nordstrom and the Ritz- Carlton Hotel Company. For the past five years The Bryant Group has trained Sentry Employees in giving world class customer service. Over 500 employees per year have had the opportunity to experience this training. 17 For the past 17 years Sentry has been attending the NFL conference held before each season starts. The NFL best practices is a comprehensive set of recommendations for stadium security management designed to deter and defend against mass casualty attacks and terrorist attacks. The NFL best practices establishes multi-layered protective measures to deter, detect, prevent and respond to any acts of violence of threats. For the past 3 years Sentry has been working the G league Lakeland Magic Games at the RP Funding Center in Lakeland. The G league has their own set of Arena Security Standards similar to the NFL Best Practices. SMA promotes professional, efficient and state-of-the art management of stadiums around the world. Our members are administrators and operations personnel from teams, colleges and universities, facility managers and public sports authorities, and suppliers to the industry. . 18 19 20 4/13/2020 To Whom It May Concern: As Executive Producer of Tampa Bay New Car + Truck Show at the Tampa Convention Center, I would like to share our positive experience with Sentry Event Services. The team under Derrick Burdgess is well-trained and a pleasure to work with. The supervisors are familiar with the event and lead their staff in providing a safe and secure venue while being a friendly first impression to our guests. In pre-planning, Sentry provides a comprehensive staffing proposal that is detail oriented while also staying within provided budget guidelines. Onsite they are extension of my own staff and quite capable to make onsite decisions while looping me in when needed. Post event they provide any relevant recap reports and comprehensive billing details. I highly recommend this team for any event coverage a show needs and wish I had this level of expertise in the other 20 cities I produce events in. Steve Freeman VP Automotive Events, Motor Trend Group, LLC Verified by PDFfiller 04/13/2020 21 22 April 10, 2020 Ken Milburn Sentry Event Services 4201 N. Dale Mabry Tampa, FL 33607 Dear Mr. Milburn It is with great enthusiasm that I recommend the high-quality services of Sentry Event Service. Over the past three years, our company has partnered with Sentry Event Services to provide security services for the Allstate Hot Chocolate 15k/5k exposition and post-race party. We have always been satisfied with their performance, punctuality, and friendliness. For our event, they provide numerous security personnel to our locations to ensure our equipment is secure and that our participants are safe. In 2019, we had a 175% increase in participation, and the Sentry team acclimated to the growth seamlessly. During the event, they assisted with crowd control at the start line, finish line, and in the post-race party. Before and after the event, they metered vendors and staff into the location to ensure that safety guidelines were being followed and implemented for everyone’s safety. This helped our set-up and strike operate efficiently and safely. I would like to ask you to consider Sentry Event Services for the security needs of your company. I strongly recommend Sentry and I am looking forward to working with them again for our 2020 Allstate Hot Chocolate 15k/5k event. Sincerely, Jason Troutman Event Manager RAM Racing 23 April 5, 2020 Re: Recommendation of Sentry Services To Whom It May Concern: It is with pleasure that I provide an enthusiastic, positive reference for Sentry Services. Sentry has been our security vendor partner at the Valspar Championship for over 5 years. We have found their leadership to be very professional and reactive to our needs. They exhibit flexibility and provide well-trained employees. We will continue to partner with Sentry. With kind regards, Tracy West Tournament Director 24 25 Tab 3: Qualifications/Standards and Availability 26 Sentry Event Services, Inc. Current and Planned Staffing Sentry Event Services, Inc. proudly provides Security and Event Staff services for a variety of clients from the Tampa Bay Buccaneers games at Raymond James Stadium to 24 hour security properties. These services are accomplished through a consistent and proactive approach to support the growing needs of each client as well as the constant changing security climate. In many cases this includes needing more security personnel to be hired and trained. Sentry currently employs 350 Class D Licensed security professionals who are trained and available to interview for the positions requested by the Florida State Fair. In addition to the 350 Class D Licensed security professionals, Sentry employs a team of 85 Class D Licensed security professional supervisors who are also available to interview for the positions requested by the City of Clearwater Sentry also employs 425 non licensed event staff/parking professionals. Sentry proudly hires all security officers at a starting pay rate of $13.00 hourly with possibility for advancement. Sentry employs a qualified pool of employees for the event staff positions as well. Raymond James Stadium currently utilizes over 600 Sentry employees for each Tampa Bay Buccaneer game. Due to the demands of the security industry, ongoing recruitment and training is critical to the success of Sentry and the clients we serve. Sentry management is able to staff dozens of employees within 24 hours notice if needed, however, scheduling is usually done two weeks prior to events. Recruitment areas consist but not limited to the following: MacDill Airforce Base: Sentry heavily recruits at the base, doing job fairs, posting in the Military newspaper thunderbolt, contacting the various units on the base so they can post opportunities on their websites. United States Coast Guard: Contacting the various units so they can post opportunities on their websites. Newspaper and Online: Sentry utilizes most professional websites including, Indeed.com, Monster.com, www.SentryEventServices.com, and many more. Sentry will also utilize local and private News outlets for advertising opportunities to recruit more potential employees. Non-Profit Organizations: Throughout the year, Sentry hires non-profit organizations to assist in event staffing positions (non-licensed) to provide funding for their organization. Sentry has worked with dozens of local charitable groups as well as small organization to help reach their fundraising goal. Bi-Yearly Post Card: Twice a year, Sentry will get a list from the Division of Agriculture of all the Class D Licensed Security Officers in the region. We then send out a 3x5 card announcing our recruitment for specific clients and how to apply/interview. Job Fairs: Sentry will plan and execute job fairs at specific client locations. Having the job fair at the location of the client builds excitement for those coming to fill out the application. This allows Sentry to know the applicant can find the location they may be hired to work at and in a timely manner. 27 Sentry Event Services, Inc. Hiring Process Employment Application All applicants will be required to complete the standard Sentry Event Services, Inc. application form for employment and related documents. All applications will be completed in the applicants own handwriting. All questions are to be answered and required statements completed on these forms. Review of Application Sentry’s office manager and site manager will carefully review each application to ensure they are complete and acceptable. Some applicants may leave a question unanswered because they do not understand the question until the question has been clarified. This also allows us to reaffirm the applicants’ E-Mail, physical address, and phone number. Once both managers agree that the application has been properly completed, the applicant will be contacted to move on to the interview portion of hiring. Interview During the employment interview, the application form and related documents will again be reviewed with the applicant with special attention given to all items relative to minimum qualifications for employment. The applicant will be observed for personal grooming, oral communication and interest in the job responsibilities. Applicants will be advised of the conditions of employment, duties and responsibilities, policies and procedures, as well as the dress code during this interview. Explaining the physical demands of the position includes allowing the applicant to know they will perform job responsibilities in the hot sun, in the rain while standing for extended periods of time. We want to ensure the applicant understands all the qualifications for the position they are applying for before they leave the interview. Once a background check is completed and it is determined that the applicant is suitable for employment, an offer will be made to the applicant. 28 Sentry Event Services, Inc. Uniform Policies Increased Visibility In an emergency, you won’t have time to look around and figure out if there is security personnel nearby, you need to know immediately! If there is a uniformed officer on duty, you know instantly who can help you in a crisis. Reassurance for Employees and Customers The presence of Sentry Event Services, Inc. security personnel provides a calming, reassuring effect for your customers and employees. Everyone is aware upon their arrival that there is someone to help, just in case. Deterrence of Crimes When potential criminals see an officer in uniform is present, they are less likely to try to commit a crime than if the officer is in street clothes. Even if the person knows that there is an officer present, there is not the same authoritative presence as with uniformed personnel. Sense of Pride A uniform provides the officer with the necessary confidence to carry themselves in a strong, authoritative manner. Sentry Event Services, Inc. officers feel proud to be a part of an organization and wear their uniform with pride as it stands for their training and affiliation with a whole team of experienced security personnel. Increased Professionalism for Your Business Having a uniformed security officer in your business doesn’t just reflect on the security office, but your business as a whole. Visitors will see our uniformed security personnel and immediately be able to associate them with your business. This affiliation is great for presenting your business as a secure, professional environment. 29 Sentry Event Services, Inc. Uniform Requirements •Showered, clean shaven, neat, and clean uniform. •Uniform consists of: •Black Pants (No cargo or BTU pants) •Black Belt •Black Shoes (No open toe footwear will be accepted) •Black or White undershirt •Sentry Polo (Provided at each event) •Sentry Jacket buttoned up (If necessary) •Sentry Hat if you are outside (If necessary) •Hair and Facial Hair should be neat and groomed. •Beards and mustaches must be at a professional length and properly groomed each shift •Beards must not exceed the collar of the shirt •Men: No earrings or excessive jewelry •Women: No excessive jewelry •One earring per ear •No large bracelets or neckwear •Nothing (including hair) covering your face (religious wear will be accepted) •Visible tattoos must be work appropriate 30 31 Website Recruitment/Job Opportunities 32 Sentry Event Services, Inc. New Hire Agreement 1.Uniform Policy: • Showered, clean shaven, neat, and clean uniform. • Hair and Facial Hair should be neat and groomed. • Men: No earrings • Women: No excessive jewelry • Uniform consists of: –Black Pants (No cargo or BTU pants) –Black Belt –Black Shoes –Black or White undershirt –Sentry Polo –Sentry Jacket buttoned up (If necessary) –Sentry Hat if you are outside (If necessary) a.Employees MUST be in the proper uniform to work their shifts; i.1st Offense will be a verbal warning with explanation ii.2nd Offense will be documented with refusal to work that shift iii.3rd Offense will require suspension and meeting to be brought back b.You are NOT to bring your uniform away from your shift unless given specific instructions by management to do so; i.If you have a uniform and do not return it, Sentry Event Services, Inc. will withhold your paycheck until the uniform is returned 2.Attendance Policy: a.Employees are expected to arrive fifteen minutes early for each scheduled shift b.Employees are expected to give a minimum of 24 Hours’ notice when cancelling for a scheduled shift c.No Call/No Shows’ will be documented with consequences; i.1st Offense will be a verbal warning with explanation ii.2nd Offense will be documented and included a (2) event suspension iii.3rd Offense will result in termination from Sentry Event Services, Inc. 3.Advancement and Training Policy: a.Sentry Event Services, Inc. will be offering (2) trainings yearly specifically for the Florida State Fair. i.This will include Security and Event Staff specific trainings ii.Diversity, Active Shooter, and many other trainings are available on a requested basis b.Wanting to become a Supervisor i.To become a supervisor Request “Supervisor Training Form” from management 33 Sentry Event Services, Inc. Training Process Because each client we serve is different, Sentry Event Services, Inc. continually assess our levels of service. Our current service quality is critical to understanding where to focus on improvement. Sentry regularly seeks customer input and feedback. We believe that client surveys should not be the only assessment tool. Speaking with our customers and receiving their feedback is more informational. As part of Sentry’s service assessment, we take an honest look at our employees. Sentry reviews the information from the customer assessments. Clearly understanding the strengths and weaknesses of our Team Members is crucial to determining the focus of our improvement efforts and determining who may no longer be appropriate for a guest service role. Training must be ongoing and customized to the expectation of the City of Clearwater. Training should never be the final solution. Training is continuous and ongoing. Training should be a component of regular staff meetings. Sentry’s Managers look for opportunities to coach and recognize superior service. As a service company, Sentry’s success depends on the quality and retentions of Team Members. We believe the quality of our service is dependent on the continued training and development of our staff. Development and retention of Team Members is very important to Sentry. We strive to: •Sentry creates a Serious but fun culture. •Sentry looks to recruit friendly Team Members that want to provide a service with a smile. •Sentry often promotes from within. •Sentry provides guidance so that each Team Member is comfortable in their role during events. •Sentry offers a very competitive pay rate. •Sentry does not let Team Members hard work go unnoticed. Sentry ties rewards to performance. •Sentry offers flexible schedules. •Sentry runs companywide contests throughout the year with raffles and performance contests. 34 Sentry Event Services, Inc. Equal Employment Opportunity Employer Sentry Event Services, Inc. is an equal employment opportunity employer and follows the following EEOC Laws: Title VII of the Civil Rights Act of 1964 (Title VII) This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business. The Pregnancy Discrimination Act This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The Equal Pay Act of 1963 (EPA) This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The Age Discrimination in Employment Act of 1967 (ADEA) This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Title I of the Americans with Disabilities Act of 1990 (ADA) This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business. 35 Sentry Event Services, Inc. Safety Program Purpose The safety program is designed to protect you, equipment and facilities from injury, accident or loss. Safety programs are the single most effective method to reduce and/or prevent workplace injuries, accidents and losses. We recognize that the success of a safety and health program is contingent upon support from every level. This is why the Management of Sentry Event Services, Inc. are committed to providing a safe and healthy work environment for all our employees and guests that work, visit, or enter our facilities. It is our policy to manage and conduct operations in a manner that offers maximum protection to each and every employee, and any other person that may be affected by our operations. We will make every effort to provide a working environment that is free from any recognized or potential hazard. Most accidents are the result of careless or thoughtlessness. Some are the result of fatigue and others are from neglect. The fact remains that most accidents are preventable through proper use and maintenance of equipment and facilities, alertness on the job, and good common sense. Responsibilities Safety is everyone’s responsibility. The safety and well-being of our guests and fellow workers presents a 24-hour challenge every day. It is the obligation of every team member to report any hazardous conditions to their Supervisor as soon as it is discovered. The role of event security is to maintain an effective and efficient safe and secure environment while allowing the event to proceed with as little inconvenience as possible to those participating. Management Management is responsible and accountable for implementing and maintaining the program and procedures outlined in this policy. This means providing constant support and direction, and adequate resources to establish a successful pro-active safety program. It also means reacting responsibly to emergencies and/or changing conditions, in order to maintain progress toward our goals. Managers and directors provide support in implementing the standards and requirements they develop. Supervisors Supervisors are responsible for enforcing the day-to-day safety policies and procedures, and ensuring that accidents/injuries are promptly and effectively reported. Front-line supervisors are critical to the success of the safety and accident prevention program. 36 Employees Every employee must abide by all our safety policies and procedures. It is your responsibility for working safely and helping others to do so. This includes maintaining a clean, safe working environment, as well as taking an active role in reporting and helping to correct unsafe conditions or work methods. You are responsible for reporting injuries, accidents or hazards to your supervisor immediately. The success of the program involves everyone working together collectively to make the event a safe and hazard free venue. Also know what to do if there is a hazard that occurs. General Safety Rules/Guidelines •When arriving at your post, conduct a safety inspection of your area. Identify and correct safety hazards. If you cannot correct the hazard, contact your supervisor to assist and/or call command so they can send the appropriate team member to handle the hazard. •Keep all aisle-ways clear. Do not block stairwells or any other emergency exit with equipment, including propping doors open with trashcans. •Wear and use prescribed hearing protection when needed. •Always carry a flashlight while on duty. Your flashlight has many uses. It can light steps that may be dark for guests, yourself or other employees. Should the power fail, and in the event of an evacuation, your flashlight can help direct guests to safety. •Should a fight between guests occur in your area, never try to break it up by yourself, as this will only liken the chance for injury. Get your supervisor or find the nearest radio to call the command post for police assistance. Do not forget to complete an incident report. •When checking guest’s bags at the entrance doors/gates, never place your hand inside. Feel the outside of the bag for contents and if you need something moved, politely ask the guest to move items around. •When metal detecting or pat down, never place your hands in the pockets of a guest. Politely ask the guest to pull items out of their pockets. •Awareness is key. Always be aware of your surroundings and anything that is happening around you. Being aware can help prevent accidents or injuries from occurring. •Should the power fail at your venue, stay on post. Your supervisor will give you instructions as to what will be needed. •Alcohol awareness. Should you notice or spot a guest that is intoxicated. Get your supervisor or law enforcement officer. Do not approach the guest alone. If you need assistance ejecting a guest, get your supervisor or law enforcement officer. •Stages are an important item for consideration. For large crowds, it is essential that staging be of sufficient height and visibility to project the activities to the crowd adequately. Security for the stage should be carefully planned. In setting up the stage, always leave a well-identified emergency access route. Although problems of crowd control are not expected, such a route is especially important when emergency medical care is needed by participants near the front of the crowd. •Weather should factor in your safety hazard assessment, and you should come up with contingency plans for your various “what if” scenarios. 37 Employee Retention & Recognition To ensure consistency of staff, Sentry implements structured employee incentive programs. Sentry acknowledges that many event based employees work because of their passion for a venue, team, or the sure experience of being part of something many only dream of. The excitement of working a concert, working an NFL football game or another major event, for some is a dream and an experiencing reward in itself for some. Sentry takes the next step and rewards those who go above and beyond during their events. Those employees may be rewarded because a guest has sent in an email or made a phone call to explain the wonderful service they received from an employee. Some employees are rewarded by the various clients we partner with. Various partners have expressed positive feedback on the performance of various Sentry staff members. Employee of the Event: employees can be nominated by the following ways: •Supervisor nominates the employee for going about and beyond during their interaction with guest’s. •Guest calls, emails or speaks to management or a supervisor during the event about the service received by the employee •Client walking around notices the professionalism of a Sentry Employee and let’s Sentry management know about the professionalism that employee preformed. •Sentry Management notices the professionalism of an employee After the event all the employees nominated and reports read on the nominees are reviewed. Once Sentry management reviews them, 1 Sentry staff member is chosen. The Chosen Staff member is notified they were the employee of the event. The following week, the employees name is highlighted in the Event notes, and the employees name is posted on the Jumbo Tron before the event. At the end of the year, there is a banquet held for all the winners. Sentry management and supervisors are present as well as the various building partners. Each individual that has been chosen during the year is recognized and receives a certificate of congratulations and an autographed helmet, football or jersey. At the banquet Sentry will announce the employee of the year. This person is publicly recognized and thank by all the partners present and Sentry management. The award is a combination of monetary and non-monetary gifts. Another incentive we do with our partners at Raymond James Stadium for our employees is discounted meal tickets for food at the concession stands. Sentry management is also present at each event working right alongside employees, showing them we are there to help as well. This reassures the staff we care and understand what they are doing and going though. Sentry management also will walk around and thank each employee for coming and doing a great job. That personal interaction with employees goes a long way in retaining staff. 38 Employee Code of Ethics •It is every security guards fundamental duty to serve the interests of their employers • It is every security guards fundamental duty to serve the interests of the customers of their employers • Every security guard should be honest in thoughts, deeds in his or personal or official actuation • Every security guard should obey the laws of the land the policies and procedures laid down by their employer • They should not disclose any confidential information • They should perform all of their duties with decorum and shall not personal prejudice interfere with their work • They should assist the client and Law Enforcement in its drive against lawlessness and crimes •They should carry all of their duties to the best of his or her abilities •They should wear their uniforms as a symbol of trust and confidence for the public • They should diligently adhere to the rules and regulations laid down by their respective agencies • They should be courteous, professional and respectful while performing their duties • They should always report for duty in a uniform Employee Code of Conduct •Every security guard should always carry their license and identification card •Every security guard should never use their post or position for personal gains • Security guards should not engage in unnecessary conversation during their time of duty • Security guards should refrain from reading or being on their cell phone during their time of duty • Security guards should never drink before their time of duty or during • They should know the location of the alarm and sound it the moment something goes wrong • They should immediately inform the police if something goes wrong • Security guards should never indulge in illegal activities or strike against their agencies •They should familiarize themselves with the client and the property they have been assigned to •They should always strive to merit and gain the trust of their respective agencies 39 Sentry Event Services, Inc. Employee Handbook: 40 41 42 43 44 45 46 47 CUSTOMER SERVICE A.Who are the most important people and why are they important? 1.Our guests are the most important people in our venues. a)Our guests expect us to be professional, thoughtful, courteous, and knowledgeable about our jobs. b) Your behavior makes a difference. Remember, positive behavior will make your job more enjoyable. 2.How do you recognize great service? a)Our goal is to serve them with the highest degree of courtesy and professionalism. The first step toward great service is willingness. (i)It's what the person did, not by what they said they would do. (ii)Offer service don't wait to be asked. Each guest should be greeted with, "Hello. Welcome to Raymond James Stadium and enjoy the game." By every Tampa Sports Authority employee they encounter. b)What do you do when faced with a difficult situation? (i)Don't view it as a "problem" but rather an "opportunity" to enhance that guest' experience. (ii)Whether you speak to a guest for a few seconds or a few minutes, the impression you make reflects upon yourself, TSA, and Raymond James Stadium. (iii)If your promise, deliver. Period. Make memories for people through service. B.Customer Service Best Practices. 1.Strive for excellence. 2.Treat all guests with Respect. 3.Maintain positive behavior. 4.React quickly to meet our guest's needs. 5.Take pride in personal appearance 6.Smile and make eye contact. 7.Obtain as much knowledge as you can about your position. 8.Offer alternative solutions to guest problems if possible. 9.Keep your supervisors informed of any unusual situations regarding the health and safety of guests. 10.Be an ambassador of goodwill. C.Ten Helpful hints to give good Customer Service. 1.Greet and Welcome each guest. 2.Seek out guest contact. 3.Use the right body language. 4.Preserve the magic of the event. 5.Make eye contact and smile with our guest. 6.Never argue with a Guest. 7.Show a good sense of humor. 8.Do not pre judge Guests based upon their appearance. 9.Listen to the Guest's whole story, without interrupting. 10.Thank each guest as they leave. 48 Supervisor Training Requirements o 100 Hours worked as security guard at Sentry Event Services events and venues o Shadow Sentry Event Services “training supervisor” for 40 Hours; Must Include At Least: o 4 Shifts o 2 Different Training Supervisors o Complete and PASS (3) FEMA/DHS Classes online: (All Free/Take 1-3 Hours) To take these classes follow these Steps: 1.Go to:https://cdp.dhs.gov/femasid 2.Select:“Register for FEMA SID” 3.Complete FEMA SID Registration 4.Once SID is Complete; Go To:https://training.fema.gov/is/ 5.On the left side of the screen, Select:“IS Course List” 6.In “Search Tab,” Input number or name of course you wish to complete a.Complete the course, take the exam, & print or download “certificate of completion” (If you have no printer; forward completion email to: ehelgesen@sentryeventservices.com) o IS-907: Active Shooter: What you can do (1 Hour) o IS-906: Workplace Security Awareness (1 Hour) o IS-20.18: Diversity Awareness Course 2018 (1 Hour) o Express positive attitude in working with other employees while being a leader o Complete yearly, venue specific, “Supervisor” trainings (Donald L Tucker Civic Center, Etc.) o Must have manager sign off and endorse as supervisor upon completion of all requirements 49 Training Supervisor Requirement Checklist 200 Hours Worked as Security: ________________________________ Manager Signature Four Shifts While Training: With Total Hours Worked 1. 2. 3. 4. Two Training Supervisors: Supervisors PRINT name at completion of event 1. 2. Complete and Pass (3): Print or show proof of certificates to management under completion o IS-907: Active Shooter: What you can dooIS-906: Workplace Security AwarenessoIS-20.18: Diversity Awareness Course 2018 Total Hours Logged Training: ________ CPR/AED Certified (Not Required): ________ Manager Initials Management Endorsement upon Completion: _____________________ Date Completed ________________________________ ________________________________ Manager Printed Name Manager Signature ________________________________ ________________________________ Trainee Printed Name Trainee Signature 50 IS-907: Active Shooter: What You Can Do *Please note, several updates have been made to this course. We recommend that you review the contents of the course and look over the updated materials. If you have already passed the exam forthis course, you are not required to complete the exam again in order to be current in your trainingby FEMA EMI records. If you choose to retake the exam, your completion certificate will reflect thedate of your first completion, not the date that you retake it. Course Overview An active shooter is an individual actively engaged in killing or attempting to kill people in a confined and other populated area. In most cases, active shooters use firearms and there is no pattern or method to their selection of victims. Active shooter situations are unpredictable and evolve quickly. All employees can help prevent and prepare for potential active shooter situations. This course provides guidance to individuals, including managers and employees, so that they can prepare to respond to an active shooter situation. This course is not written for law enforcement officers, but for non-law enforcement employees. The material may provide law enforcement officers information on recommended actions for non-law enforcement employees to take should they be confronted with an active shooter situation. Course Objectives: Upon completing this course, the participant will be able to: •Describe actions to take when confronted with an active shooter and responding lawenforcement officials. •Recognize potential workplace violence indicators. •Describe actions to take to prevent and prepare for potential active shooter incidents. •Describe how to manage the consequences of an active shooter incident. 51 IS-906: Workplace Security Awareness Course Overview This course provides guidance to individuals and organizations on how to improve the security in your workplace. No workplace—be it an office building, construction site, factory floor, or retail store—is immune from security threats. Employees are often the target of these threats as well as the organization's first line of defense against them. Threats endanger the confidentiality, integrity, and security of your workplace, as well as your virtual workplace and computer systems. This course presents information on how employees can contribute to your organization's security. Course Objectives: Upon completing this course, the participant will be able to: 1.Identify potential risks to workplace security. 2.Describe measures for improving workplace security. 3.Determine the actions to take in response to a security situation 52 S-20.20: Diversity Awareness Course 2020 Course Date 1/6/2020 Course Overview This course recognizes the benefits of diversity in our workforce and FEMA’s commitment to valuing diversity of its employees and customers. Course Objectives: By the end of this course, participants will be able to: •Define what is meant by diversity. •Describe how diversity benefits us individually and collectively. •State FEMA’s Vision of Diversity. •Describe the agency’s commitment to diversity as stated in the Diversity Action Plan. •Describe how culture influences our interactions with others. •Describe the actions you can take to optimize diversity. 53 Tab 4: Services Pricing 54 Sentry Event Services, Inc. Cost Proposal In compliance with the Intent to Negotiate, Sentry proposes and agrees to perform the services called for in the ITN at the prices specified below. The prices will comply with all applicable Federal, State, Country and City taxes, along with any required specialty training, two way-radios, uniforms, traffic control supplies, metal detecting wands, flashlights and any other costs as needed for security and event services. Sentry starts all their Florida Class D Licensed Security guards at a minimum of $13.00 hourly. The prices include but not limited to the following positions listed below: Year 1 Position Billing Rate to Authority 1.Security Manager N/A 2.Supervisor $21.75 3.Building Security $20.25 4.Event Security $19.85 5.Event Staff $19.25 Annual Escalation Proposals – Please use fixed percentages, CPI index or combination if appropriate. Position Year 2 Year 3 Year 4 Year 5 Additional 1. Security Manager 2.0% 2.5% 3.0% 3.0% 3.0% 2. Supervisor 2.0% 2.5% 3.0% 3.0% 3.0% 3. Security Guard 2.0% 2.5% 3.0% 3.0% 3.0% 4. Parkers 2.0% 2.5% 3.0% 3.0% 3.0% 5.Armed Guard 2.0% 2.5% 3.0% 3.0% 3.0% Other clauses relating to governmental wage increases: 1.Percentage of increase if there is any mandated local, state, or federal minimum wage increase. 2.Sentry Event Services, Inc. Is willing to negotiate Prompt Payment Discount. Overtime and Holiday Wages: 1.Percentage of increase of 1.4% if there are any requested services which lead to overtime or that occur on federal holidays. 55 Sentry will invoice the building security Bi-Weekly unless specifically requested. Each event will be invoiced within 48 hours of the final staff member completing their event shift and once the event has completed. Billing will be submitted bi-weekly/event basis electronically via email, sent from jhensley@sentryeventservices.com. Below are sample invoices for building security as well as a sample event with a set amount of employees at each position. 56 SENTRY EVENTERVICES, INC. INVOICE Client: City of Clearwater Date Billed: November 22, 2021 Invoice: COCSAMPLEBUILDING Date Position NUMBER HOURS RATE TOTAL Monday, November 15, 2021 Lobby 1 9.00 $20.25 $182.25 Tuesday, November 16, 2021 Lobby 1 9.00 $20.25 $182.25 Wednesday, November 17, 2021 Lobby 1 9.00 $20.25 $182.25 Thursday, November 18, 2021 Lobby 1 9.00 $20.25 $182.25Friday, November 19, 2021 Lobby 1 9.00 $20.25 $182.25 Sub Total $911.25 Admin Fee $0.00Sales Tax $0.00Total$911.25 Sentry Event Services, Inc. 4201 North Dale Mabry Tampa, Florida 33607 Please Include Invoice Number on Check. 57 SENTRY EVENTERVICES, INC. INVOICE Client: City of Clearwater Date Billed: November 22, 2021 Invoice: COCSAMPLEEVENTS Date Position NUMBER HOURS RATE TOTAL Saturday, November 20, 2021 Supervisor 1 9.00 $21.75 $195.75 Security 20 180.00 $19.85 $3,573.00 Event Staff 5 45.00 $19.25 $866.25 Sub Total $4,635.00 Admin Fee $0.00Sales Tax $0.00Total$4,635.00 Sentry Event Services, Inc. 4201 North Dale Mabry Tampa, Florida 33607 Please Include Invoice Number on Check. 58 Tab 5: Other Forms and Reporting Documents 59 60 61 62 63 64 65 66 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 04/27/2020 Insurance First, Inc. 3530 Worthington Blvd. Urbana, MD 21704 (301)874-5800 (301)874-0900 info@insurancefirstinc.com Sentry Event Services, Inc. 4201 N. Dale Mabry Highway Tampa, FL 33607 A X X X ESG0055933 2/1/2020 2/1/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 XA X XLS0108975 2/1/2020 2/1/2021 5,000,000 5,000,000 $1,000,000 Occurence & Aggregate $50,000 A B E&O - Professional Liability Crime/Fidelity Bond ESG0055933 106602415 2/1/2020 10/3/2019 2/1/2021 10/3/2020 Florida State Fair Authority 4800 U.S. Highway 301 Tampa, FL 33610 Scottsdale Insurance Co 67 68 Other Information Sentry Event Services, Inc. has provided quality customer service and professional security officers for many years at various locations, at a variety of local events and venues. Sentry has been able to gain valuable training and insights from many of our clients; such as, Major League Baseball, National Football League and Local law enforcement agencies including the Hillsborough County Sheriff’s Office, Tampa Police Department and Saint Petersburg Police Department. Each year the NFL has a Security Conference for each of the Security agencies involved with the NFL. Sentry has had the opportunity to retrieve valuable information and contacts during these conferences. Sentry management has also had the privilege of attending some training courses conducted by the Hillsborough County Sheriff’s office just before the Republican National Convention. Sentry has also had the opportunity to go through various table top exercise put on by their partners in law Enforcement and also be a part of live life exercises. In 2018, Tampa police Department did live exercises at Raymond James Stadium with an Active Shooter, Unattended backpack and a drone flying inside the stadium. Before that we had the opportunity to do a live exercise at Tropicana field where a plane had crashed in the building and landed on the field. Each one of the exercises proved to be valuable in our trainings. Each year the NFL sends a team unannounced to do an audit on the policies and procedures of the NFL’s best practices at Raymond James Stadium. This audit is very helpful in seeing where Sentry needs to improve and what areas we are doing well in. Sentry also has their staff audited at each game and major event at Raymond James Stadium by an outside group, so we can strive to be the best at what we do. We take and review these audits and use them for training purposes. We explain to our staff what we are doing well at, and then go over what we need to improve on. Sentry believes that every event and venue can teach a new aspect to train our employees to provide higher quality services for our clients. We not only audit our security procedures, we also audit how we provide guest service as well. Are we providing quality guest service to those attending the event? Sentry is locally owned, operated, and managed allowing clients to have direct contact with ownership and management quickly upon request For 30 years, Sentry proudly has worked closely with Law Enforcement, Fire, and EMS departments at multiple venues and events Sentry starts all Class D Licensed Security Officers at an hourly rate of $13.00 Sentry will receive Safety Act designation in 2021 (Confirmation Letter on the Following Page) Sentry’s insurance qualifications exceed the standard venue policies including Terrorism coverage Sentry has security officers and supervisors trained and prepared to begin immediately. 69 Kathy Lupia <klupia@petronerisk.com> Mon 4/6/2020 1:35 PM CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED COMMUNICATION Hello Gentlemen, Wishing you all our best during this tumultuous time and hoping for continued health and safety for you, your team, and all your families. Just wanted to provide you a brief update. There was an OSAI organized and led SAFETY Act preparer conference call last week at the direction of the Director of the Office of SAFETY Act Implementation, Bruce Davidson. The purpose of the call was to update preparers regarding OSAI‘s intended approach during the circumstances surrounding the pandemic. Davidson was oddly brief and was the sole facilitator of the call. Questions by the preparers regarding status, or anything for that matter, were NOT entertained. Davidson indicated that matters that are already in the queue in the Office are and will continue to be evaluated. Davidson did mention that due to remote strategies, some of the processes would and ARE inevitably taking longer than typical, but are still proceeding forward despite most of the world standing still. Admittedly, Davidson indicated that prospects regarding new submissions (whether renewals or initial submissions wherein site visits have not yet been completed or renewed) are a bit more tenuous at this point. The good news is that the SAFETY Act process generally, through the Office’s continued functionality, is actively proceeding; the bad news is the additional time being taken to issue decisions regarding same. While we intimately know that the existing environment is tremendously difficult to navigate in, we felt it was remiss to not update our client base in light of the updates we are receiving. Additionally, OSAI has distributed and requested that we (and all other SAFETY Act consultants) complete a written status update (subject to the same confidentiality provisions that all other aspects of the process are subject to) with respect to the intentions of our clients and to initial or renewal submissions. OSAI explained they will use this information to better formulate a plan as to staffing needs and workflow strategies. They have asked for updates regarding client intentions as soon as practicable. We fully understand and acknowledge (as does OSAI) the unpredictability of the world we are operating in, and this will be used only for work-flow guidance for OSAI. I attach my working draft of the request SAFETY Act reporting matrix with updates with respect to each of our clients that are or may become active in the Office within the next 8-9 months. As such, there are several entries contained thereon that have no relevance to your organization and so we have redacted that information for obvious confidentiality purposes. With respect to the row that relates to your organization, please review and confirm the information contained thereon and provide existing insurance limits that are in place to respond to third-party losses arising from acts of terrorism. Please note, this disclosure matrix does not impute any time requirements upon the organization and is subject to the same confidentiality confines as all other disclosures are. All my best, Kathy Kathleen A. Lupia C: 315-794-4522 PLEASE NOTE NEW EMAIL: klupia@petronerisk.com 70 Sentry Event Services, Inc. Community Outreach Sentry Event Services, Inc. and Ken Milburn are regularly involved in helping the community and charitable organizations. Throughout the years Mr. Milburn has co-sponsored multiple events, donated money and services to multiple organizations, and also steps up in times of crisis to assist local communities. Sentry believes in giving back to the communities and organizations that allow us to be employ hundreds of workers from the local population. Throughout Sentry’s relationship with the Tampa Bay Buccaneers and Raymond James Stadium, we have proudly donated services for “Joy of Giving” Christmas charity toy drive, Bucs offensive lineman -Donovan Smith’s “Autism Speaks” Bowling event and many more. In 2017, Hurricane Harvey devastated the city of Houston and many other surrounding areas. While contracted at Tropicana Field, Sentry was able to staff and schedule the Houston Astros vs Texas Rangers, three game series in under 24 hours’ notice. While doing this, Sentry was able to organize a donation drive that supplied clothing, toiletries, children’s books, and thousands of other items. The items were sent back on the Houston Astros team busses to be taken directly to those in need. For the past few years Mr. Johnson has and Sentry have donated their time and services to “A Night to Shine,” which is a Prom night put on by Tim Tebow. This is an event that Sentry and Mr. Johnson are very proud to have a small part in. Every year, Sentry would donate their security services for the “Rays on the Runway” charity fashion show as well as the “Casino Night,” to the Tampa Bay Rays organization. Mr. Milburn also provided Lunch Boxes for all the Boys and Girls Club children that came to the stadium for their annual event. Sentry Event Services, Inc. happily was able to organize a toy drive for the Boys and Girls Club of Tallassee in December of 2019 and able to donate gifts for local families and children. Sentry not only organized and collected the gifts but also, delivered and surprised the children at a Christmas Performance at a small local venue. Sentry’s continued commitment to the Bay area is exemplified by their past and current donations of services to Lowry Park Zoo and St. Petersburg Aquarium, sponsorship of law enforcement softball teams, numerous donations to local and regional non-profit groups, and strong working relationship with area law enforcement. 71 Supervisor Activity Report Supervisor Name _______________________________________________ Assigned Area __________________________________________________ Date ____________________________________________________ Event ___________________________________________________ Venue __________________________________________________ Were there any Sentry Event Services Inc Ejections from your Assigned area? If the answer is yes, how many? ____________ Yes No If Yes, make sure an Incident report has been Written for each. Were there any Law Enforcement Ejections from your Assigned area? If the answer is yes, how many? _____________ Yes No Were there any Medical Calls in your assigned area? Yes No If the answer is yes, how many? ________ Were any guest’s injured in your assigned area? Yes No If the answer is yes, how many? ____________ Were there any problems with staff? Yes No If yes, list Name and describe the problem. __________________________________________ 72 ______________________________________________________________________________ ______________________________________________________ Were any Employees Injured in your assigned area? Yes No Name(s) 1. ________________________________________________________ 2. ________________________________________________________ 3. ________________________________________________________ Did they receive first aid? Yes No Did they go to the Hospital? Yes No Event Comments: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Supervisor Signature ______________________________ DATE _____________________ 73 SENTRY EVENTERVICES, INC. EMPLOYEE DISCIPLINE REPORT Name SSN Date of Hire Date of Report Current Wages Name of Reviewer Position Signature Name of 2nd Reviewer Position Signature Period Covered Reason for Review Principal Duty Title From To REASON FOR DISCIPLINARY ACTION ACTIONS TAKEN Employee Comments: By signing this Discipline Report I am acknowledging that I have received the report and that it has been explained to me. Name: Date: Signature: 74 75 Employee Performance Review Employee Name: _____________________________________ Date: _________________________ Job Title: ___________________________________Reviewer:___________________________________ Performance Evaluation Form 5=Exceptional 4= Exceeds Requirements 3= Meets Requirements 2=Gets by 1= Needs improvement Meets Deadlines Completes Tasks Shows Good Judgement Corporation Attitude Attendance Dependability Communication Skills Listens to Others Written Communications Leads by Example Acts Decisively, meets problems head on Resolves Conflicts Job Understanding, Employee knows how to do their job completely and correctly Employee possess the skills necessary to accomplish the job Reports to work on time Organizes and performs work in a timely, professional manner Willingly accepts work assignments Performs duties with little or no supervision Works well with fellow employees, clients and guests Well groomed, clean and neat appearance Dresses appropriately for work Comments and Recommendations _____________________________________________________________________________________ 76 _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ By signing this form, you confirm that you have discussed this review in detail with your supervisor. Signing this form does not necessarily indicate that you agree with this performance evaluation. Employee Signature ____________________________________ Date ____________________ Reviewer Signature _____________________________________ Date ____________________ 74 75 76 77 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0078 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Underground Refuse Systems of Kissimmee, FL for the purchase of 14 Underground Refuse Vaults and 14 containers for the Imagine Clearwater Project in a not to exceed amount of $203,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), non-competitive purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Solid Waste Department is requesting approval to purchase the Underground Refuse containers and vaults for installation in Coachman Park to provide safe, efficient, innovative, waste and recycling collection services for the Imagine Clearwater Project . The Underground Refuse system provides an increased capacity for the collection of waste and recycling while providing a safe, efficient, and environmentally friendly and sustainable collection system. On October 16, 2019, Council approved the new capital improvement project C2005, Underground Refuse, which included a CMAR to design and construct seven (7) sets of below grade containment housing and a 2020 Autocar ACX truck with specialized NORD Refuse System Body. The NORD Underground Refuse System has proven to be successful and features an above ground, secure kiosk appropriate for accepting large amounts of solid waste while keeping the trash in a large underground container which prevents over -flowing above ground containers, wind-blown litter, and nuisance animals. This additional purchase is an expansion of the Underground Refuse System already in place . Underground Refuse Systems retains the sole rights to provide Nord Engineering ’s patented laser guided, crane operated solid waste containment and collection technology used throughout the City. This would be impractical to bid. The Clearwater Solid Waste Department will own and maintain the Underground Refuse System and provide collection services. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project C2005, Underground Refuse, to fund the underground refuse vaults for the Imagine Clearwater Project. Page 1 City of Clearwater Printed on 2/11/2022 22 West Monument Ave. - Suite 7 - Kissimmee, FL 34741 (407) 944-9000 January 25, 2022 Earl Gloster Solid Waste Director City of Clearwater 1701 N. Hercules Ave. Clearwater FL 33765 (sent via email) Dear Earl, Per your request is the following pricing for 14 underground 6.5 cubic yard containers with vaults identical to the one’s currently in service with the city of Clearwater. Each container complete with vault is $14,500.00 that total breaks down to: 5.5 ton concrete vaults at $7250.00 each 6.5 cubic yard underground fully assembled containers $7250.00 each Costs include delivery: Total for 14 vaults x $7250.00 = $101,500.00 Total for 14 containers x $7250.00 = $101,500 Total combined 14 vaults + 14 containers = $203,000.00 Thank you Jay Wheeler President jay@undergroundrefuse.com cell 407-973-4141 22 West Monument Ave. - Suite 7 - Kissimmee, FL 34741 (407) 944-9000 January 25, 2022 Earl Gloster Solid Waste Director City of Clearwater 1701 N. Hercules Ave. Clearwater FL 33765 (sent via email) Dear Earl, Per our previous communication; Underground Refuse Systems, inc. retains the exclusive and sole rights to provide Nord Engineering’s patented laser guided, crane operated solid waste containment and collection technology for all of North America and the Caribbean. Please let me know if there is any further clarification needed regarding my company’s relationship with Nord Engineering. Sincerely, Jay Wheeler President jay@undergroundrefuse.com cell 407-973-4141 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0150 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Appoint three members to the Community Development Board with terms to expire February 28, 2026. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Mary Lau MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 3 SPECIAL QUALIFICATIONS: Per the Community Development Code, Section 5-202, “the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate.” THE FOLLOWING ADVISORY BOARD MEMBERS HAVE A TERM WHICH EXPIRES AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Brian A. Barker - 1430 Rosetree Court, 33764 - Civil Engineer Original Appointment: 4/4/18 (currently serving 1st term to expire 2/28/22) Interested in Reappointment: No 2. Jordan Behar - 990 Bay Esplanade, 33767 - Architecture Original Appointment: 4/4/18 (currently serving 1st term to expire 2/28/22) Interested in Reappointment: No Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0150 3. Michael Boutzoukas - 2433 Bond Ave., 33759 - Attorney Original Appointment: 2/20/14 (currently serving 2nd term to expire 2/28/22 - Ending 2nd term) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Andrew Jeffrey Caudell - 420 Druid Road West, 33756 - General Contractor 2. Brenda L. Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate 3. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate 4. William C. Jonson - 2694 Redford Court W., 33761 - Former Councilmember/Project Mgr. 5. Travis Norton - 310 Kerry Dr., 33765 - Community Relations 6. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst 7. Andrew Winkler - 2921 Meadow Wood Dr., 33761 - Financial Advisor 8. Bruce Rector - 800 S. Gulfview Blvd., #303, 33767 - Corporate General Counsel (Currently serving 1st term on the Parks and Recreation Board through 7/31/24) 9. Michael Engelmann - 2958 Deer Run S., 33761 - Engineer 10. Andrew J. Hupp - 745 Bay Esplanade, 33767 - Real Estate Developer/Construction Firm Owner 11. Paul Bouffard - 421 Palm Island SE, 33767 - EPA Special Agent/Criminal Investigator (Retired) Zip codes of current members: 2 at 33755, 1 at 33761, 1 at 33764 and 1 at 33767 2 - 33755 1 - 33761 1 - 33764 1 - 33767 Current Categories: 1 Attorney (Retired Mediator/Arbitrator) 1 Construction and Real Estate 1 Professional Engineer (Civil/Environmental Engineer) 1 Real Estate Broker/Developer 1 Retired/Public Service (Former City Employee/Stormwater) At the February 3, 2022 council meeting, staff requested Council to continue the appointments in order to obtain applications from professionals in the following fields: engineering, architecture, planning, landscape architecture, and real estate law. A call for applicants was Page 2 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0150 posted on LinkedIn and shared with the local chapters of the following organizations: Florida Engineering Society, American Society of Landscape Architects, International Right of Way Association, American Planning Association, and Congress for New Urbanism. In addition, staff provided the board vacancy information to the City’s Engineer of Record/Architect of Record/Construction Manager at Risk list, former CDB members, and professionals at Pinellas County, asking them to share with colleagues. This outreach effort provided three additional applicants with engineering, real estate/construction, and federal environmental enforcement backgrounds. Page 3 City of Clearwater Printed on 2/11/2022 Application for Advisory Boards Board Selection Please refer to the City of Clearwater Advisory Boards listing for requirements. You will need to upload at least one of the following: Current voter registration within city limits Valid current Florida Driver License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Select the Boards That You Would Like to Apply To Boards Community Development Board* Personal Info First Name* Middle Initial Last Name* Email Address * Primary Phone* Length of Residency* Business Owner?* Street Address* City* Zip Code* William c Jonson bill.jonson@usa.net (727) 403-6068 (Example: (123) 456-7890) If not a resident of Clearwater, select "Not a Resident" 6+ Years Do You Own or Represent a Business in Clearwater? Yes No Home Address 2694 Redford Court W Clearwater 33761 Education & Work Highest Level of Education Occupation Employer Relevant Work Experience Community Activities Board Service* Board Experience Board*Start Year*End Year* Bachelor’s degree If retired, enter former occupation Retired - Former Councilmember and Project Manager City of Clearwater I served on the Clearwater City Council from 2001-2007 and 2010-2018 President of the Clearwater Neighborhoods Coalition Founder of Citizens for a Better Clearwater Florida League of Cities Board 2014-2016 Suncoast League of Cities Board 2001-2018 Countryside Northridge Homeowners Association Have you served or do you serve on a board in Clearwater? Yes No Clearwater Code of Enforcement Task Force 1992 1994 Clearwater Environmental Advisory Board 1990 1992 Pinellas Suncoast Transit Authority 2001 2018 Tampa Bay Estuary Board 2001 2007 Courtney Campbell Scenic Highway CAC - Chair 2001 2022 Clearwater City Council 2001 2018 Tampa Bay Area Regional Transit Authority CAC 2007 2022 Forward Pinellas Citizens Advisory Committee 2008 2022 Attachments Voter Registration* One of the boards selected requires the upload of your voter registration. This will satisfy the proof of residency for any other boards selected. Please refer to the City of Clearwater Advisory Boards listing for requirements and please attach a copy of one of the following documents: Current voter registration within city limits Valid current Florida Driver License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Proof of Residency Bills voter ID 2022-01-10_76.pdf 268.18KB File types accepted: pdf, tif, tiff, jpeg, jpg, gif, doc, docx, rtf, png. 10 MB max file size. Bills voter ID 2022-01-10_76.pdf 268.18KB File types accepted: pdf, tif, tiff, jpeg, jpg, gif, doc, docx, rtf, png. 10 MB max file size. Questionnaire Question 1. What is your understanding of the duties and responsibilities of the Board(s)? Answer 1.* Question 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Answer 2.* Question 3. What background, experience, or education qualifies you to serve on the Board(s)? Answer 3.* Question 4. Why do you want to serve on the Board(s)? Answer 4.* Date* Signature* CDC Sec. 5-201 Lists the Powers and Duties: 1) To review and decide appeals from Level One Approvals 2) To review and decide applications for Level Two Approvals 3)To review and make recommendations to the City Council in regard to applications for Level three Approvals 4) to impose conditions on Level One and Level Two Approvals which are determined to be necessary to carry out the purposes of the Development Code 5) adopt rules for the conduct of the CDB meetings and/or establish committees Yes No CDC Sec. 5-202 CDB Membership reads in part "shall seek membership with diverse economic, social and professional representation". I would add economic diversity to the traditional appointees to the CDB who mostly represent development professions. I come from the Clearwater Neighborhoods Association that represents the individual homeowners and renters that are residents within our great city. I want to see Clearwater become the best City within Florida. As stated during the writing of the current CDC, Clearwater is a City in redevelopment. As such the code was written to allow flexibility for quality development. The CDC has provisions to implement this goal. The CDB has the responsibility to ensure that those provisions are fully followed benefiting the property owner, the neighbors and the city as a whole. 1/10/2022 1 Call, Rosemarie From:Bruce Rector <brector@sportsfacilities.com> Sent:Friday, February 11, 2022 10:32 AM To:Call, Rosemarie Cc:Clayton, Gina Subject:CDB Application CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Rosemarie: I just wanted to clarify my legal background a bit as I was apparently referred to as an “Employment” lawyer which is not an accurate description of my thirty years of practice experience. In my current role as General Counsel, I have a traditional general practice, engaging in a broad range of legal areas and specialties. A portion of that work has been to work with municipalities and developers around the country through The Sports Facilities Advisory and The Sports Facilities Development on construction and land development issues. https://sportsfacilities.com/sf_services/owners‐ representation/ In my 23 years of private practice in Lexington/Louisville, I represented clients in construction litigation, real estate closings, commercial lease negotiations, and land use and zoning change requests in the Kentucky state courts and before the Lexington‐Fayette Urban County Planning Commission. Bruce Rector GENERAL COUNSEL THE SPORTS FACILITIES COMPANIES MANAGEMENT | DEVELOPMENT | ADVISORY Office: 727.474.3845 Cell: 727.507.1710 sportsfacilities.com thesfnetwork.com LinkedIn | Facebook | YouTube NOTE: The information contained in this E-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (727)474-3845 and destroy the original message. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9553-22 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Amend Section 2.036, Clearwater Code of Ordinances, to add subsections relating to the duties of the city attorney and pass Ordinance 9553-22 on first reading. SUMMARY: Section 4.01 of the Clearwater City Charter creates a legal department supervised by the city attorney and Section 4.02(b) requires the city attorney to serve as legal advisor to council and to other city officials. Allowing the city attorney to review council agenda items prior to publication of each agenda will assist the legal department in fulfilling its role as legal advisor to Council. An existing but informal practice already entails a legal review prior to publication of most agenda items. In addition, Section 4.01 of the City Charter states that all members of the legal department operate under the authority of, and are responsible to, the City Council. At the same time, the City of Clearwater uses a civil service system for the appointment of tenured public service employees. The city manager is responsible for hiring employees within the civil service system. This ordinance clarifies that employees assigned to the City Attorney’s Office operate under Section 4.01 of the City Charter, rather than the civil service ordinance. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 2/11/2022 Ordinance No. 9553-22 ORDINANCE NO. 9553-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO CITY ADMINISTRATION; AMENDING SECTION 2.036 OF THE CLEARWATER CODE, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the Clearwater City Charter creates a legal department supervised by the city attorney; and WHEREAS, Section 4.02(b) requires the city attorney to serve as legal advisor to council and to other city officials; and WHEREAS, allowing the city attorney to review council agenda items prior to publication of each agenda will assist the legal department in fulfilling its role as legal advisor to council; and WHEREAS, an existing but informal practice already entails a legal review prior to publication of most agenda items; and WHEREAS, Section 4.01 of the city charter states that all members of the legal department operate under the authority of, and are responsible to, the city council; and WHEREAS, the City of Clearwater uses a civil service system for the appointment of tenured public service employees, which was created by special act of the Florida Legislature in 1941; and WHEREAS, the city manager is responsible for hiring employees within the civil service system; and WHEREAS, it is desirable for administrative efficiency to clarify the relationship between the city attorney’s office and the civil service system; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 2.036 of the Clearwater Code is hereby amended as follows: (1) It shall be the duty of the city attorney to defend all actions in which the city is a defendant, unless the city council commission engages the services of other legal counsel for any case. Specific authorization to defend the city shall not be required in any case, but the city attorney shall report the fact of commencement Page 2 of 3 Ordinance No. 9553-22 of each new case to the city council commission as soon as is practicable after service of process upon the city. (2) No civil action shall be commenced without the authorization of the city council commission. However, in any action in which the city is a defendant, a counterclaim or crossclaim may be filed and served upon any person who is already a party to the action without the authorization of the city council commission. (3) The authorization to prosecute or defend an action, whether pursuant to this section or by the city council commission, shall not extend to the appeal or other judicial review without the authorization of the city council commission in any case where the city is the appellant or petitioner. In any case where the city is the appellee or respondent, the authorization of the city council commission shall not be required but the fact of such appeal or petition shall be reported by the city attorney to the city council commission as soon as is practicable after service of notice upon the city. (4) Nothing in this section shall be construed as a waiver by the city council commission of its authority to settle any claim by or against the city at any time. (5) In any case in which judicial review of an administrative order is sought, and the time allowed to seek such review does not permit the city council commission to consider the matter at a regular meeting, the city attorney may take such steps as are necessary to preserve the right to seek judicial review without the authorization of the city council commission; however, at the next regular meeting, the city attorney shall request authorization to proceed in the matter, and shall promptly withdraw the request for judicial review if such authorization is not granted. (6) It shall be the duty of the city attorney to supervise the city attorney’s office, including its attorneys and staff. Employees assigned to the city attorney’s office shall not be considered civil service employees. (7) It shall be the duty of the city attorney to establish, with approval from a majority of council, the compensation paid to each employee assigned to the legal department. (8) With the exception of board appointments, it shall be the duty of the city attorney to review for legal sufficiency each agenda item to be discussed at each meeting and work session of the city council, the community redevelopment agency, and the pension trustees, prior to publication of the agenda. (9) It shall be the duty of the city attorney to review and approve each billing statement or invoice submitted by outside legal counsel. Section 2. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall take effect immediately upon adoption. Page 3 of 3 Ordinance No. 9553-22 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9527-22 2nd rdg Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9527-22 on second reading, vacating 12 feet of a platted drainage and utility easement located on Lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/11/2022 [RE15-1313-080/282620/1] 1 Ord. No. 9527-22 ORDINANCE NO. 9527-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING 12 FEET OF A PLATTED DRAINAGE AND UTILITY EASEMENT, LOCATED ON LOT 52, CYPRESS BEND OF COUNTRYSIDE UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76, PAGE 10, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said drainage and utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Frontier Communications has facilities in the area, which may be in conflict with the proposed construction plans. The Property Owner must contact Sunshine 811 by dialing 811, 2 full business days prior to the start of any work to have these facilities located. All necessary precautions must be taken to protect and avoid damage of these facilities during construction. 2. WOW! Maintains facilities within this area that conflict with the vacation request. WOW! Has no objections provided easements for their facilities are granted and/or applicant bears the entire expense for relocation of associated WOW! Services. [RE15-1313-080/282620/1] 2 Ord. No. 9527-22 3. Charter/ Spectrum has no objections provided applicant bears the expense for relocation of any Spectrum facilities to maintain service to customers affected by the proposed Vacate. 4. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk 26 19 2513 2519 2525 2 7 6 5 2763 2625 2761 2 7 5 3 2631 2637 2655 2 7 4 3 2739 2 7 5 5 27572737 2643275927452741 2649 WINDINGWOODDRDOGWOOD CT AERIAL MAP 12' Portion to be Vacated ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB SK N.T.S.222A 29-28s-16e12/15/2021Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Vacation of 12' of a PlattedDrainage & Utility Easement2637 Winding Wood DriveEXISTING DRAINAGE AND UTILITY EASEMENTCYPRESS BEND PARK(CITY OWNED) Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\AerialEasVac_2637WindingWood.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0153 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Discuss new City Hall. SUMMARY: The purpose of this agenda item is to request approval to establish a location and project budget for construction of a new City Hall. In 2018, the City Council authorized the relocation of the functions in the historic City Hall to free up the 112 S Osceola Avenue site for redevelopment as a part of the Imagine Clearwater plan. This decision cemented Council’s commitment to supporting redevelopment of the city-owned waterfront properties and to constructing a new civic building that would better showcase the City’s long-standing commitments to public accessibility, quality urban design and transparency. In the past three years, the community has felt the absence of a center for civic life. While staff has remained accessible in the office tower at 600 Cleveland Street and public meetings have been accommodated at the main library, there has been no central place to gather during times of celebration, mourning and other community milestones. There is no singular building that serves as the city’s front door and official place of administrative operations. The current office lease will expire in 3 years and staff is recommending constructing a new City Hall by the time the lease expires. After a detailed study of over 10 sites in the downtown plan area, staff is recommending constructing a new, stand-alone City Hall on a vacant, city-owned parcel adjacent to the Municipal Services building (MSB) and Police department. This location will create a municipal campus that takes advantage of the existing MSB parking deck, will increase inter -departmental coordination, and save customers time through enhanced department co-location. It is utilizing a parcel that is unlikely to be redeveloped with a higher intensity private use. However, it is still a highly visible parcel and has easy access to two major thoroughfares, Alternate US 19 and State Road 60. Based on similarly size projects, staff is recommending a budget allocation of $30,000,000. The City currently has $6,650,000 budgeted for construction of a new City Hall, and staff is recommending that $16,000,000 of Penny for Pinellas funds currently slated for transfer to the Public Utilities department be reallocated to City Hall. Shifting the $16,000,000 away from Public Utilities would have no impact on project timing in Public Utilities, nor would it have any substantive impact on utility rates. Staff recommends that the remaining $7,350,000 be allocated from unrestricted general fund reserves, as the city would retain a reserve over and above required city reserves and above the GFOA recommended reserve levels. As part of the building design, staff will request a focus on high quality, iconic architecture. The Page 1 City of Clearwater Printed on 2/11/2022 File Number: ID#22-0153 kind of architecture that is fitting for a city with the number one beach in America and an $88 million dollar waterfront redevelopment. Staff will require conformance with Greenprint 2.0 and seek opportunities for the building to showcase green building techniques and technology . Finally, staff will seek a design that illustrates the city’s values of being welcoming and accessible to the public. City Halls are visible manifestations of a democracy. They communicate who the city is and who it aspires to be. Staff is excited to begin designing and building a new civic space for the residents and businesses of Clearwater to interact with their elected officials, staff, and each other. Council approval is recommended. Other Reference Information: Objective 1A and 1B in the 2018 Downtown Redevelopment plan call for a new City Hall to be constructed in the downtown. Objective 1A: Maintain downtown as the City of Clearwater government center and encourage Pinellas County government to remain in downtown. Objective 1B: Support the relocation of Clearwater City Hall to another location within the Downtown Area Plan. The location placement and design of a new City Hall should reflect the building’s civic importance as a community-gathering place. Page 2 City of Clearwater Printed on 2/11/2022 |1CITY OF CLEARWATERNewClearwater City Hall |2CITY OF CLEARWATERNew Clearwater City Hall Location•112 S. Osceola Ave. site vacated in 2018 for redevelopment as a part of the Imagine Clearwater plan •Demonstrated Council’s commitment to supporting redevelopment of the city‐owned waterfront properties•Allowed for construction of a new civic building to better showcase the city’s commitment to Downtown Clearwater with a focus on public accessibility, quality urban design and transparency. |3CITY OF CLEARWATERWhy is a New City Hall Needed?•Absence of civic center•No central place to gather during times of celebration, mourning and other community milestones. •No singular building that serves as the city’s front door and official place of administrative operations. •Current office lease expires in January 2024. |4CITY OF CLEARWATERRecommendation•Construct a new, stand‐alone City Hall on a vacant, city‐owned parcel adjacent to the Municipal Services building (MSB) and police department (see map on next slide). •Create a municipal campus•Use shared parking Benefits•Increases inter‐departmental coordination•Saves customers time through enhanced department co‐location. •Uses a parcel that is unlikely to be redeveloped with a higher intensity private use. •High visibility parcel with easy access to two major thoroughfares. |5CITY OF CLEARWATERNew City Hall Proposed Location |6CITY OF CLEARWATERNew City Hall Budget• $30 million is cost estimate • $6.65 million is currently budgeted for construction• Recommending $16 million of Penny for Pinellas funds currently slated for transfer to the Public Utilities department be reallocated to City Hall.• Remaining $7.35 million would be allocated from unrestricted general fund reserves |7CITY OF CLEARWATERFocus•High‐quality, iconic architecture. •Consistency with Greenprint 2.0 and the Downtown Plan•Opportunity to enhance efficiency of operations with a government campus•Create a design that illustrates the city’s values of being welcoming and accessible to the public. |8CITY OF CLEARWATERDunedin City HallNew City Hall Scheduled to open September 2022Current City Hall |9CITY OF CLEARWATERLargo City HallCurrent City HallNew City Hall Opening in late 2023 or early 2024 |10CITY OF CLEARWATEROldsmar City Hall |11CITY OF CLEARWATERAustin, Texas City Hall |12CITY OF CLEARWATERSan Jose City Hall |13CITY OF CLEARWATERNew York City Hall |14CITY OF CLEARWATERAny questions? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10115 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Discuss Advisory Boards - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/11/2022 Overview of Advisory Board Discussion Feb. 14 – Clearwater Council Work-session What are Advisory Boards? Clearwater: https://www.myclearwater.com/home/showdocument?id=910 The Municipal Research and Services Center (MRSC) is a nonprofit organization that helps local governments across Washington State better serve their communities by providing legal and policy guidance on any topic. (I didn’t find much from the Florida League of Cities on Advisory Boards) Sample from MRSC: Cities and counties appoint citizen boards, commissions, task forces, and committees to advise their legislative bodies on a wide range of policy issues. Some of these boards are designated by statute for a specific purpose, such as a building code board of appeals. Other boards and commissions may be authorized by statute, but it is left up to the discretion of the local governing body whether to create an advisory board or commission. The membership of the board may, or may not, be designated by statute. Cities and counties have also created permanent or "standing" advisory committees by ordinance. One example is a design review board. Other boards created may be of a more temporary nature or "ad hoc" to focus on a specific issue facing the city or county. https://mrsc.org/Home/Explore-Topics/Governance/Legislative-Organization-Meetings-and- Process/Boards-and-Commissions.aspx Purpose? Purpose is described in the Clearwater link from above -and here: https://www.myclearwater.com/home/showdocument?id=910 From MRSC: The use of boards and commissions may provide advantages, such as providing an in-depth examination of issues or a communication channel between elected officials and the community, bringing a broad range of ideas and expertise to public decision-making, assisting in the resolution of conflicts, and providing training for new leaders. From FSU: Productive citizen committees can provide insights and energy essential for creating better communities. They help make important decisions, bring expertise and resources needed to address problems and provide a valuable link to public and private groups and the electorate. But committees can also aggravate problems, waste time and become legal and political liabilities. Questions about purpose and Councilmember’s role (Some serve as ex-officio) non- voting members.  If the Advisory Boards are here to advise – what are they to advise on?  Who are they advising?  How frequently?  Who provides direction? If we – the Council – are looking for advice – do we communicate to each Board what we are looking for?  What we would like “help” with? What we would like their advice on?  If not – why not?  If they are here to provide feedback to us – should we be able to provide guidance in what we are looking to learn more about?  What are the parameters for interacting with a board’s staff liaison? Recruiting of Board Members From MRSC:  Policies for recruitment and appointment of board members should establish a process that assures a balance of viewpoints and is open and fair to all involved.  The screening process for selection of volunteers to serve on local government boards should seek persons with a strong interest and a willingness to contribute the necessary hours.  If board members with specific experience or expertise are needed, the credentials of the applicants should be reviewed carefully to insure that adequate knowledge is available to accomplish the goals and objectives of the specific advisory group. Define the Mission The key to attracting volunteers is being able to clearly articulate the following: The purpose of the board or commission; The types of issues the group weighs in on, and; The level of commitment that is involved. Jill Boltz, City Clerk for the city of Poulsbo, credits their success in recruiting and maintaining volunteers to a community commitment to “paying it forward.” Jill notes, “Each of our boards has a really clear mission and purpose.” People feel motivated by knowing they are part of something that is important to the community and in knowing that their expertise and resources will be used effectively. Outreach—The Power of the Personal Ask Recruiting starts with getting the word out. Popular ways to publicize recruitment efforts are: Posting vacancy announcements on the website and the public cable channel; Sending word out through city- or county-sponsored listservs; Using social media such as Facebook and Twitter to get the word out; Placing an advertisement in the local newspaper, particularly if there are numerous vacancies to fill. But, if you’re only relying on your community’s various media channels to recruit volunteers, then you are neglecting perhaps the most effective way to find new board and commission members. Enlist current board members, staff, and elected officials to spread the word about new openings. And nothing beats the power of a personal ask. Mayor Glenn Johnson of Pullman sees board recruitment as a key part of his portfolio: “We solicit applications on our website. But I go out and recruit members for all our boards. I ask the councilmembers and department directors for suggestions. We are looking for diversity and people who have an open mind on the issues.” When you’re actively recruiting for volunteers, be direct and explain why you think the candidate would be an asset to the board. After you’ve made your pitch, close the deal. Dropping a hint like, “Have you thought about submitting an application?” is not as effective as directly asking, “Will you submit an application?” Where to Find Potential Board and Commission Members Some boards specify that members have a particular level of subject matter expertise, others require few qualifications. Beyond technical expertise, most communities are looking for certain qualities. Jill Bolz, Poulsbo’s City Clerk, says, “We’re looking for team players. People who work well with others.” In Tukwila, the city is making a conscious effort to engage the underrepresented populations within the city. The city council sponsors a “Council Chat” one Saturday a month, where anyone can come to discuss city issues. “We realized we were holding the chats in a location that wasn’t accessible to our immigrant and refugee community, so the council is taking the chats on the road, out to the people,” says Joyce Trantina in the Mayor’s Office. Through outreach like this, the city hopes to engage more diverse participation on boards and commissions. Age diversity is also important. Tukwila is also working with the school district to encourage student participation on boards where it is appropriate. Mayor Glenn Johnson of Pullman says, “I go to the service clubs, schools, the university, and the chamber of commerce to try to find someone who fits the bill. Or, someone may have come in and given testimony before the city council and shown that they are articulate and have an open mind.” Applicants who are motivated by a single issue may not bring the best dynamic to a board or commission. “After a controversial zoning decision, we’ll have a lot of applications come in for the planning commission. But they are people who are motivated by one issue. We’re looking for broader representation by people who are willing to consider the different sides of an issue,” says Johnson. To Consider: How do we recruit? Can we be consistent, intentional, broad reaching? What can we do better? Why Citizens Volunteer for Advisory Boards The reasons people volunteer for service on advisory boards are as varied as the people themselves. Some of the most common reasons include: • feeling that they can help shape policy • looking for a change of pace or to add variety to their life • fulfilling a civic duty • desiring to become involved and give something back to the community • wishing to donate their professional skill • wanting to have an impact • seeking recognition • wanting to meet other people Actual appointments/voting  Do we have enough information?  Are we meeting goals of diverse representation?  Possible interviews by two Councilmembers and report back?  Review Application Format/Questions  Look at the Leon County Advisory Board Application for discussion  https://www2.leoncountyfl.gov/Committees/Applicants/Application Other Sample Application Forms Manatee County Advisory Board Application https://www.mymanatee.org/government/advisory_boards/apply_for_an_advisory_board/advisor y_board_application_form Leon County has a bunch of Advisory Boards – Look at Advisory Committee for Quality Growth -for example - https://www2.leoncountyfl.gov/committees https://www.wakegov.com/departments-government/general-services-administration/energy- advisory-commission Best practices for Board members - • listen carefully to community opinions, attitudes, and needs and report to the mayor and the council; • study programs and services, and analyze problems and needs; • offer new proposals and recommend changes in programs, policies, and standards; • provide the public with information and interpretation of policies, programs, and budgets. • All advisory board and committee meetings are to be conducted in public session and noticed in accordance with state law, unless otherwise advised by Olympia’s city attorney. • Individual committee members and the collective group will be fair, impartial, and respectful of the public, staff, and each other. • Committee members will respect the limitations of their individual and collective authority. The role of the committee is to advise the city council and/or staff. Please keep in mind that committee appointment does not empower you to make final decisions, unless authorized by state law or the group’s enabling ordinance, or to supervise staff. • Members will strive to appreciate differences in approach and point of view, whether from each other, the community, the city council, or staff. • Each member will participate in the group’s discussions and work assignments without dominating the discussion or activity of the committee. • The committee chair will ensure that all members have a fair, balanced, and respectful opportunity to share their knowledge and perspectives. • The committee will attempt to reach consensus on issues. If consensus is not possible, strong differing opinions, such as “minority” opinions, should be recorded and acknowledged in the committee’s report to the city council. • There should be “no surprises” from the committee, either in the nature of the work being undertaken by the committee or the method and timing for conveyance of recommendations to the city council. The staff liaison fulfills an important role in assisting the committee in this regard. If you are appointed as a member of an advisory group, you will be expected to: • interpret community opinions, attitudes, and needs to department staff and the commissioners; • study programs and services, and analyze problems and needs; • offer new proposals and recommend changes in programs and policies; • provide fellow community members with information about county policies, programs, and budgets. When presenting recommendations to the commissioners, it is essential that advisory group members keep the following in mind: • all recommendations should be in written form; • all ideas should be expressed in clear and concise language; • proposed solutions should be viable and cost-effective; • recommendations should identify the reasons for the changes suggested; • the advice should reflect a consensus of a majority of the group members. From: https://mrsc.org/getmedia/72061479-9ba8-48b4-ab1f-cfa62cf7d4f1/Local-Government-Citizen- Advistory-Boards.pdf.aspx?ext=.pdf Being intentional in diverse representation – (Look at Leon County Advisory Board Application: https://www2.leoncountyfl.gov/Committees/Applicants/Application) Onboarding process Expectations Attendance Participation (speaking- bringing items forward – research – being pro-active) Reporting – Interaction with Councilmembers Re-appointment and Re-application – questions to consider:  Ideas about re-appointment – need to submit an “interest in re-appointment” statement to explain why you want to continue to serve, what have you contributed?  What has been most rewarding? Reflect on your experience.  What are you looking to continue to work on? Appreciation of board members One of the keys to successful recruiting for boards and commissions is retaining current members and having them help recruit new members as needed. Showing appreciation, even in the simplest ways, is critical to retaining volunteers. As Mayor Johnson says, “The key is once you get the volunteers on board, you’ve got to treat them right. Do not take them for granted.” Every Thanksgiving, Mayor Johnson sends personal, hand-written notes to each of the city’s 80 volunteer board members, thanking them and letting them know how important they are. The city of Tukwila holds an ice cream social every summer for their volunteers. Some communities host an annual dinner to thank board and commission members. There has never been a volunteer who has been thanked too often! Look for creative and fun ways to recognize board and commission members, and you’ll find that it helps your recruitment of new volunteers as well. From: https://mrsc.org/Home/Stay-Informed/MRSC-Insight/July-2013/Successful-Tips-for- Recruiting-Board-and-Commissio.aspxrecruitment of new volunteers as well. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0147 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Draft letter opposing CS/SB 1024 - Councilmember Beckman SUMMARY: CS/SB 1024 was heard by the Senate Community Affairs Committee on February 8, 2022. Link to meeting: <https://thefloridachannel.org/videos/2-8-22-senate-committee-on-community-affairs/> . Page 1 City of Clearwater Printed on 2/11/2022 Florida Senate - 2022 CS for SB 1024 By the Committee on Regulated Industries; and Senator Bradley 580-01960-22 20221024c1 Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1 An act relating to renewable energy generation; 2 amending s. 163.04, F.S.; authorizing certain entities 3 to prohibit the installation of solar collectors under 4 certain circumstances; amending s. 366.91, F.S.; 5 revising and providing legislative findings relating 6 to the redesign of net metering to avoid cross-7 subsidization of electric service costs between 8 classes of ratepayers; requiring the Public Service 9 Commission to propose new net metering rules that 10 comply with specified criteria by a certain date; 11 authorizing certain customers who own or lease 12 renewable generation before a specified date to remain 13 under the existing net metering rules for a specified 14 time; providing applicability; requiring certain 15 public utilities to provide a specified report to the 16 commission; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (2) of section 163.04, Florida 21 Statutes, is amended to read: 22 163.04 Energy devices based on renewable resources.— 23 (2) A deed restriction, covenant, declaration, or similar 24 binding agreement may not prohibit or have the effect of 25 prohibiting solar collectors, clotheslines, or other energy 26 devices based on renewable resources from being installed on 27 buildings erected on the lots or parcels covered by the deed 28 restriction, covenant, declaration, or binding agreement. A 29 Florida Senate - 2022 CS for SB 1024 580-01960-22 20221024c1 Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. property owner may not be denied permission to install solar 30 collectors or other energy devices by any entity granted the 31 power or right in any deed restriction, covenant, declaration, 32 or similar binding agreement to approve, forbid, control, or 33 direct alteration of property with respect to residential 34 dwellings and within the boundaries of a condominium unit. Such 35 entity may: 36 (a) Determine the specific location where solar collectors 37 may be installed on the roof within an orientation to the south 38 or within 45 degrees 45° east or west of due south if such 39 determination does not impair the effective operation of the 40 solar collectors; and 41 (b) Prohibit the installation of solar collectors in 42 locations beyond the parameters specified in paragraph (a). 43 Section 2. Present subsections (6) through (9) of section 44 366.91, Florida Statutes, are redesignated as subsections (7) 45 through (10), respectively, a new subsection (6) is added to 46 that section, and subsection (1) and present subsection (7) of 47 that section are amended, to read: 48 366.91 Renewable energy.— 49 (1) The Legislature finds that: 50 (a) It is in the public interest to continue promote the 51 development of renewable energy resources in this state in a 52 manner that is fair and equitable to all public utility 53 customers. Renewable energy resources have the potential to help 54 diversify fuel types to meet Florida’s growing dependency on 55 natural gas for electric production, minimize the volatility of 56 fuel costs, encourage investment within the state, improve 57 environmental conditions, and make Florida a leader in new and 58 Florida Senate - 2022 CS for SB 1024 580-01960-22 20221024c1 Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. innovative technologies. The development and maturation of the 59 solar energy industry, the substantial decline in the cost of 60 solar panels, and the increase in customer-owned and -leased 61 renewable generation support the redesign of net metering by the 62 commission. 63 (b) Customer-owned and -leased renewable generation are not 64 available to many public utility customers who lack the 65 financial resources to purchase or lease rooftop solar panels or 66 who reside in multitenant buildings. The substantial growth of 67 customer-owned and -leased renewable generation has resulted in 68 increased cross-subsidization of the full cost of electric 69 service onto the public utility’s general body of ratepayers. 70 Therefore, the redesigned net metering rate structures required 71 in paragraph (6)(a) must ensure that public utility customers 72 who own or lease renewable generation pay the full cost of 73 electric service and are not cross-subsidized by the public 74 utility’s general body of ratepayers. 75 (6)(a) On or before January 1, 2023, the commission shall 76 propose a revised net metering rule that complies with the 77 following criteria: 78 1. The net metering rate structures and billing must ensure 79 that public utility customers owning or leasing renewable 80 generation pay the full cost of electric service and are not 81 subsidized by the public utility’s general body of ratepayers. 82 2. The net metering must ensure that all energy delivered 83 by the public utility is purchased at the public utility’s 84 applicable retail rate and that all energy delivered by the 85 customer-owned or -leased renewable generation to the public 86 utility is credited to the customer at the public utility’s full 87 Florida Senate - 2022 CS for SB 1024 580-01960-22 20221024c1 Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. avoided costs. 88 3. The net metering may include fixed charges, including 89 base facilities charges, electric grid access fees, or monthly 90 minimum bills, to help ensure that the public utility recovers 91 the fixed costs of serving customers who engage in net metering 92 and that the general body of public utility ratepayers does not 93 subsidize customer-owned or -leased renewable generation. 94 (b) Any public utility customer who owns or leases 95 renewable generation that is in service before January 1, 2023, 96 pursuant to a standard interconnection agreement offered by a 97 public utility, shall be granted 10 years to continue to use the 98 net metering rate design and rates that applied before the 99 revised net metering rule was adopted under paragraph (a). This 100 paragraph applies to customers who purchase or lease real 101 property upon which customer-owned or -leased renewable 102 generation is installed for all or part of that 10-year period. 103 (c) The commission shall require a public utility 104 requesting a change in base rates under s. 366.06 to report to 105 the commission the impact of net metering on the public 106 utility’s revenues and cost of service. 107 (8)(7) Under the provisions of subsections (5) and (7) (6), 108 when a utility purchases power generated from biogas produced by 109 the anaerobic digestion of agricultural waste, including food 110 waste or other agricultural byproducts, net metering shall be 111 available at a single metering point or as a part of conjunctive 112 billing of multiple points for a customer at a single location, 113 so long as the provision of such service and its associated 114 charges, terms, and other conditions are not reasonably 115 projected to result in higher cost electric service to the 116 Florida Senate - 2022 CS for SB 1024 580-01960-22 20221024c1 Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. utility’s general body of ratepayers or adversely affect the 117 adequacy or reliability of electric service to all customers, as 118 determined by the commission for public utilities, or as 119 determined by the governing authority of the municipal electric 120 utility or rural electric cooperative that serves at retail. 121 Section 3. This act shall take effect July 1, 2022. 122 Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1024 Ì922272ÊÎ922272 Page 1 of 2 2/7/2022 1:10:26 PM 578-02733A-22 LEGISLATIVE ACTION Senate . . . . . . House The Committee on Community Affairs (Bradley) recommended the following: Senate Amendment 1 2 Delete lines 87 - 103 3 and insert: 4 utility is credited to the customer as follows: 5 a. During calendar years 2024 and 2025, the credit is 75 6 percent of the public utility’s retail rate. 7 b. During calendar years 2026 and 2027, the credit is 50 8 percent of the public utility’s retail rate. 9 c. During calendar year 2028, the credit is the public 10 Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1024 Ì922272ÊÎ922272 Page 2 of 2 2/7/2022 1:10:26 PM 578-02733A-22 utility’s full avoided costs. 11 3. The net metering may include fixed charges, including 12 base facilities charges, electric grid access fees, or monthly 13 minimum bills, to help ensure that the public utility recovers 14 the fixed costs of serving customers who engage in net metering 15 and that the general body of public utility ratepayers does not 16 subsidize customer-owned or -leased renewable generation. 17 (b) Any public utility customer who owns or leases 18 renewable generation that is in service before January 1, 2023, 19 pursuant to a standard interconnection agreement offered by a 20 public utility shall be granted 20 years to continue to use the 21 net metering rate design and rates that applied before the 22 revised net metering rule was adopted under paragraph (a). This 23 paragraph applies to customers who purchase or lease real 24 property upon which customer-owned or -leased renewable 25 generation is installed for all or part of that 20-year period. 26 The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Community Affairs BILL: CS/SB 1024 INTRODUCER: Regulated Industries Committee and Senator Bradley SUBJECT: Renewable Energy Generation DATE: February 7, 2022 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Sharon Imhof RI Fav/CS 2. Hackett Ryon CA Pre-meeting 3. RC Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SB 1024 amends s. 163.04, F.S., relating to energy devices based on renewable resources, to allow governing entities with a deed restriction, covenant, declaration, or similar binding agreement affecting the alteration of residential dwellings or condominiums to prohibit the installation of solar collectors in locations outside of specifically designated parameters. The bill also amends s. 366.91, F.S., relating to renewable energy, requiring the Public Service Commission (PSC) to revise its rules on net metering of customer renewable generation. Under the bill, the PSC must propose a revised net metering rule by January 1, 2023, meeting the following criteria:  Rate structures and billing must ensure that customers owning or leasing renewable generation systems pay the full cost of electric service and are not subsidized by the general body of ratepayers;  All energy delivered by the public utility must be purchased at the applicable retail rate;  All energy delivered by a customer generation system to the public utility must be credited to the customer at the public utility’s full avoided cost; and  Net metering billing may include fixed charges, base facilities charges, electric grid access fees, or monthly minimum bills, to ensure that the public utility recovers the fixed costs of serving those customers and that the general body of ratepayers does not subsidize customer renewable generation systems. REVISED: BILL: CS/SB 1024 Page 2 The bill allows customers who own or lease renewable generation systems before January 1, 2023, to continue under the existing net metering rate design and rates for ten years. This provision also applies to customers who purchase or lease real property with renewable generation systems installed for all or part of the ten-year period. Under the bill, the PSC must require a public utility requesting a change in base rates to report the net metering impact on the public utility’s revenue and cost of service. The bill is effective July 1, 2022. II. Present Situation: Florida Public Service Commission The Florida Public Service Commission (PSC) is an arm of the legislative branch of government.1 The role of the PSC is to ensure that Florida’s consumers receive utility services, including electric, natural gas, telephone, water, and wastewater, in a safe, reasonable, and reliable manner.2 In order to do so, the PSC exercises authority over public utilities in one or more of the following areas: (1) Rate or economic regulation; (2) Market competition oversight; and/or (3) Monitoring of safety, reliability, and service issues.3 Public Utilities A public utility includes any person or legal entity supplying electricity or gas, including natural, manufactured, or similar gaseous substance, to or for the public within the state.4 The term does not include municipal electric utilities and rural electric cooperatives.5 Therefore, the PSC does not regulate the rates of publicly owned municipal or cooperative electric utilities.6 There are five investor-owned electric utility companies (IOU) in Florida: Florida Power & Light Company (FPL), Duke Energy Florida (Duke), Tampa Electric Company (TECO), Gulf Power Company (Gulf), and Florida Public Utilities Corporation.7 IOU rates and revenues are regulated by the PSC.8 These utilities must file periodic earnings reports, which allow the PSC to monitor earnings levels on an ongoing basis and adjust customer rates quickly if a company appears to be overearning.9 Section 366.041(2), F.S., requires public utilities to provide adequate service to customers. To fulfill that obligation, public utilities monitor customer usage patterns in order to plan for future 1 Section 350.001, F.S. 2 See Florida Public Service Commission, The PSC’s Role, http://www.psc.state.fl.us (last visited Jan. 9, 2022). 3 Id. 4 Section 366.02(1), F.S. 5 Id. 6 See PSC, Florida PSC 2020 Annual Report, p. 13, available at http://www.psc.state.fl.us/Files/PDF/Publications/Reports/General/Annualreports/2020.pdf (last visited Jan.9, 2022). 7 Id. FPL acquired Gulf in 2019 and merged as of January 3, 2022. 8 Florida Department of Agriculture and Consumer Services, Electric Utilities, https://www.fdacs.gov/Energy/Florida- Energy-Clearinghouse/Electric-Utilities (last visited Jan. 10, 2022). 9 PSC, 2020 Annual Report, supra at n. 6, p. 6. BILL: CS/SB 1024 Page 3 energy needs. Utilities use billing data to predict and make investments in their infrastructure.10 Section 366.06, F.S., requires the PSC to allow the IOUs to recover honestly and prudently invested costs of providing service, including investments in infrastructure and operating expenses used to provide electric service.11 Renewable Energy Section 377.803, F.S., defines “renewable energy” to mean “electrical, mechanical, or thermal energy produced from a method that uses one or more of the following fuels or energy sources: hydrogen, biomass, as defined in s. 366.91, F.S., solar energy, geothermal energy, wind energy, ocean energy, waste heat, or hydroelectric power.” Section 366.91, F.S.,12 requires utilities whose annual sales are greater than 2,000 gigawatt hours, to continuously offer a purchase contract to renewable energy producers, containing payment provisions for energy and capacity,13 based on the utility’s full avoided costs,14 for a minimum of ten years.15 Public Utility Regulatory Policies Act (PURPA) In 1978, the federal government enacted the Public Utility Regulatory Policies Act (PURPA),16 which required promotion of energy efficiency and use of renewables. The act required utilities to purchase power from “qualifying facilities,” 17 which fall into two categories: qualifying small power production facilities and qualifying cogeneration facilities.18 The PURPA directed the Federal Energy Regulatory Commission to implement the provisions, which in turn, directed the states to implement the provisions. In response, the Florida Legislature created s. 366.051, F.S.,19 directing the utilities to purchase power from the cogenerators or small power producers. Full Avoided Costs A utility’s full avoided cost is the incremental costs of electric energy or capacity, which, but for the purchase from cogenerators or small power producers, the utility would have to generate itself or purchase from another source.20 Traditionally, the PSC has approved electric utilities power purchase contracts that include provisions for payment, capacity, and energy based upon either the utility’s cost to construct and operate its next planned generating unit or the cost of 10 PSC, Bill Analysis for SB 1024 (Dec. 20, 2021) p. 2 (on file with the Senate Committee on Regulated Industries). 11 Id. 12 Originally enacted by Chapter 2005-259, s. 1, Laws of Fla. 13 Capacity is the maximum electric output, in megawatts, that an electricity generator can produce under ideal conditions. See U.S. Energy Information Administration, What is the difference between electricity generation capacity and electricity generation? https://www.eia.gov/tools/faqs/faq.php?id=101&t=3 (last visited Jan. 9, 2022). 14 See “Full avoided Costs,” on p. 3. 15 Section 366.91, F.S. 16 16 U.S.C. s. 2601 et seq. 17 Federal Energy Regulatory Commission, PURPA Qualifying Facilities, https://www.ferc.gov/qf (last visited Jan. 9, 2022). 18 Id. 19 Chapter 89-292, s. 4, Laws of Fla. 20 Section 366.051, F.S. BILL: CS/SB 1024 Page 4 purchasing capacity and energy from generating units owned by other utilities in the interchange market.21 The utility’s full avoided costs and the utility’s as-available tariff rate are not the same. Full avoided costs can include capacity and energy avoided costs, while the as-available rate only includes avoided energy costs, which is largely fuel.22 Customer-Owned Renewable Energy Generation Systems Customer-owned renewable energy generation systems, primarily solar systems in Florida,23 allow customers to generate their own electricity.24 It is defined as an electric generating system located on a customer’s premises that is primarily intended to offset part or all of the customer’s electricity requirements with renewable energy.25 Interconnection26 with the electric grid allows customers to reliably power their homes even when the sun is not shining.27 When a customer-owned system generates more electricity than needed, the electricity flows onto the electric grid for distribution to another customer and the generating customer receives a credit toward future usage from the utility.28 Utilities are federally required to purchase excess power from small renewable energy generators.29 Utility customers primarily benefit from interconnected renewable generation systems through personal use and reducing the amount of electricity they purchase from the utility.30 In turn, this effectively lowers the demand for electricity that the utility must meet for these customers.31 Net Metering Net metering is a metering and billing methodology whereby customer-owned renewable generation is allowed to offset the customer’s electricity consumption on site.32 Under net metering, customers are credited for excess energy produced which flows back to the grid. A 21 Florida Public Service Commission, States’ Electric Restructuring Activities Update: Wholesale Sales http://www.psc.state.fl.us/Publications/ElectricRestructuringDetails#4 (last visited Jan. 9, 2022). 22 PSC, SB 1024 Analysis, supra at n. 10, p. 2. 23 PSC, Interconnection and Net Metering of Customer-Owned Renewable Generation 2020, available at http://www.floridapsc.com/Files/PDF/Utilities/Electricgas/CustomerRenewable/2020/2020%20Net%20Metering%20Summa ry%20Spreadsheet/2020%20Net%20Metering%20Report.pdf#search=Interconnection%20and%20Net%20Metering%20of% 20Customer-Owned%20Renewable%20Generation (last visited Jan. 9, 2022). 24 U.S. Department of Energy, Grid-Connected Renewable Energy Systems, https://www.energy.gov/energysaver/grid- connected-renewable-energy-systems (last visited Jan. 9, 2022). 25 Section 366.91, F.S. 26 “Interconnection is defined as the technical procedures and legal requirements surrounding energy customers’ ability to connect their small-scale renewable energy projects to the electricity grid. U.S. Department of Energy, Renewable Energy: Distributed Generation Policies and Programs, https://www.energy.gov/eere/slsc/renewable-energy-distributed-generation- policies-and-programs (last visited Jan. 9, 2022). 27 USDE, Grid-Connected Renewable Energy Systems, supra at n. 24. 28 Id. 29 Id. 30 PSC, SB 1024 Analysis, supra at n. 10, p. 1. 31 Id. 32 Section 366.91, F.S. BILL: CS/SB 1024 Page 5 meter is used to record both electricity drawn from the grid and excess electricity that flows to the grid from the customer-owned system.33 Florida’s net metering rule was established in 2008 requiring IOUs to offer a standardized interconnection agreement for expedited interconnection and net metering of customer-owned renewable generation up to two megawatts.34 The rule’s purpose is to: Promote the development of small customer-owned renewable generation, particularly solar and wind energy systems; diversify the types of fuel used to generate electricity in Florida; lessen Florida’s dependence on fossil fuels for the production of electricity; minimize the volatility of fuel costs; encourage investment in the state; improve environmental conditions; and, at the same time, minimize costs of power supply to investor-owned utilities and their customers.35 Under the rule, customers are categorized into tiers, with varying requirements, based on system capacity:36  Tier 1 Systems, have a capacity of 10 kilowatts or less; there is no application fee, no interconnection study requirement, no insurance requirement, and no manual disconnect switch requirement.  Tier 2 Systems, have a capacity greater than 10 kilowatts and less than 100 kilowatts; there is an application fee if approved by the PSC, no interconnection study requirement, a $1 million insurance requirement, and a manual disconnect switch requirement.  Tier 3 Systems, are greater than 100 kilowatts and less than 2 megawatts; there is an application fee if approved by the PSC, an interconnection study may be required, a $2 million insurance requirement, and a manual disconnect switch requirement. All electric utilities, as defined in s. 366.02(2), F.S., must annually report the total:  Number of customer-owned renewable generation interconnections;  Kilowatt capacity of the interconnections;  Kilowatt hours received by interconnected customers from the utility;  Kilowatt hours received by the utility from the interconnected customers;  Energy payments made to interconnected customers energy generation delivered to the utility for the previous calendar year; and  Energy payments made since the implementation of the net metering rule.37 In 2008, there were 577 customer-owned renewable generation interconnections.38 As of December 31, 2020, Florida electric utilities reported a total of 90,552 interconnections, of which 90,518 were solar; and 71,567 interconnections were for IOU customers, of which 71,541 were solar.39 Less than one percent of Florida’s electric customers have installed renewable generation 33 USDE, Grid-Connected Renewable Energy Systems, supra at n. 24. 34 Fla. Admin. Code R. 25-6.065(3). 35 Fla. Admin. Code R. 25-6.065(1). 36 Fla. Admin. Code R. 25-6.065(4). 37 Fla. Admin. Code R. 25-6.065(10). 38 PSC, SB 1024 Analysis, supra at n. 10, p. 2. 39 PSC, 2020 Interconnection and Net Metering Report, supra at n. 23. BILL: CS/SB 1024 Page 6 equipment as of the 2020 Report.40 In comparison, there were 10,504,960 electric utility customers in Florida, as of January 1, 2021.41 Net Metering Billing When net metering customers generate excess energy that is delivered to the IOU’s grid, they receive an excess energy credit toward their energy consumption for the next month’s billing cycle.42 The value of the excess energy is equivalent to the utility’s retail rate that includes the cost of generation, transmission, distribution, fuel, operating and maintenance expenses and other costs43. Excess energy credits may be carried over to credit energy usage in subsequent months, but not for more than twelve months.44 At the end of each calendar year, the IOU pays the customer for any unused excess energy credits at an average annual rate based on the “IOU’s as-available energy tariff.”45 “The utility’s full avoided costs and the utility’s as-available tariff rate are not the same. “Full avoided costs” can include capacity and energy avoided costs, while the “as-available rate” only includes avoided energy costs, which is largely fuel.”46 Net metering customers still receive a monthly bill, regardless of their energy usage from the grid.47 Net metering customers must pay any applicable customer charge and the applicable demand charge.48 This may include a fixed monthly customer charge, a base facility charge, volumetric rates for cents per kilowatt hour based on the customer’s energy consumption, or demand rates based upon the maximum kilowatt demand in a monthly billing cycle.49 PSC Workshop on Net Metering On September 17, 2020, the PSC held an informational workshop on customer-owned renewable generation, for the purpose of evaluating the effect of the current net metering policy. The 40 PSC, SB 1024 Analysis, supra at n. 10, p. 3. 41 PSC, SB 1024 Analysis, supra at n. 10, p. 3 citing PSC, Review of 2021 Ten-year Site Plans of Florida’s Electric Utilities, p.13, available at http://www.psc.state.fl.us/Files/PDF/Utilities/Electricgas/TenYearSitePlans/2021/Review.pdf (last visited Jan. 9, 2022). 42 Fla. Admin. Code R. 25-6.065(8)(e). 43 PSC, SB 1024 Analysis, supra at n. 10, p. 2. 44 Fla. Admin. Code R. 25-6.065(8)(f). 45 Id. According to the PSC, as-available energy is purchased by the utility at a rate, in cents per kilowatt-hour, not to exceed the utility’s avoided energy cost. 46 PSC, SB 1024 Analysis, supra at n. 10, p. 2. 47 Fla. Admin. Code R. 25-6.065(8)(h). 48 Id. 49PSC, SB 1024 Analysis, supra at n. 10, p. 2. BILL: CS/SB 1024 Page 7 workshop included presentations by PSC staff,50 Vote Solar,51 Southern Alliance for Clean Energy,52 Florida Solar Energy Industries Association,53 and Florida Sunrun.54 Net Metering Customer Demographics The following demographic information has been identified by FPL and Gulf,55 respectively, among their net metered customers:  Average Age: 54 years and 47 years.  Percentage of Homeowners: 96% and 80%.  Average Length of time in their Residence: 12 years and 9 years.  Household Income greater than $50,000: 67% and 59%.  Household Income greater than $100,000: 34% and 22%.56 Cross-Subsidization Concerns of cross-subsidization of net metered customers by non-net metered customers have been raised before the PSC.57 Questions relate to the components of the utility’s cost of service that are offset by energy generated by net metered customers.58 These questions are partly based on net metered customers purchasing less energy from the grid,59 because a utility is statutorily entitled to recoup its “honestly and prudently invested costs of providing electric service to its customers,” regardless of customer use patterns.60 There is disagreement among stakeholders as to the question of cross-subsidization and how to quantify it. Notably, the Solar Energy Industries Association states that “[s]ome level of cross- subsidization is inherent in all rate designs, particularly for large diverse classes of ratepayers an independent finding of a material cost shift should be required before regulators authorize substantial changes to rates or rate design.”61 50 Matthew A. Vogel, PSC Office of Industry Development and Market Analysis, Staff Presentation Workshop on Customer‐ owned Renewable Generation (September 17, 2020) available at http://www.psc.state.fl.us/Files/PDF/Utilities/RenewableGenerationWorkshop/PSC.pdf (last visited Jan. 9, 2022). 51 Vote Solar, The State of Rooftop Solar in Florida (September 2020) available at http://www.psc.state.fl.us/Files/PDF/Utilities/RenewableGenerationWorkshop/VoteSolar.pdf (last visited Jan. 9, 2022). 52 Bryan Jacob, Southern Alliance for Clean Energy Comments on Net Metering (September 17, 2020) available at http://www.psc.state.fl.us/Files/PDF/Utilities/RenewableGenerationWorkshop/SACE.pdf (last visited Jan. 9, 2022). 53 Justin Hoysradt, Florida Solar Energy Industries Association, Net-Metering Powers Job Growth, available at http://www.psc.state.fl.us/Files/PDF/Utilities/RenewableGenerationWorkshop/FSEIA.pdf (last visited Jan. 9, 2022). 54 Florida Sunrun, NEM is working for the Sunshine State (September 2020) available at http://www.psc.state.fl.us/Files/PDF/Utilities/RenewableGenerationWorkshop/FloridaSunrun.pdf (last visited Jan. 9, 2022). 55 Now merged. 56 FPL, FPL and Gulf Post-Workshop Comments, p. 6, available at https://www.floridapsc.com/Files/PDF/Utilities/RenewableGenerationWorkshop/FPLGulfPostWorkshop.pdf (last visited Jan. 9, 2022). 57 PSC, SB 1024 Analysis, supra at n. 10, p. 4. 58 Id. “For example, questions have been raised as to whether the excess energy offsets the utility’s cost of power plants, given that power plants must be available to meet a renewable energy customer’s electric needs when their systems are not operating or when their demand exceeds the capability of their renewable energy system.” Id. 59 Id. 60 Section 366.06, F.S.; PSC, SB 1024 Analysis, supra at n. 10, p. 4. 61 See Solar Energy Industries Association, Principles for the Evolution of Net Energy Metering and Rate Design, available at https://www.seia.org/initiatives/principles-evolution-net-energy-metering-and-rate-design (last visited Jan. 9, 2022). BILL: CS/SB 1024 Page 8 According to Vote Solar, Florida’s current level of solar adoption results in a negligible impact on customer rates.62 Projections for cross subsidization among the general body of ratepayers for four of Florida’s IOUs result in estimates of a cumulative cross-subsidy of over $700 million by 2025.63 Energy Devices Based on Renewable Resources Current law expressly prohibits ordinances by governing bodies which prohibit the installation of solar collectors, clotheslines, or other energy devices based on renewable resources.64 Deed restrictions, covenants, declarations, or similar binding agreements may not prohibit such devices from being installed on buildings erected on the lots or parcels covered by binding agreements.65 However, governing entities may determine the specific location of solar collectors installed on roofs, within an orientation to the south or within 45° east or west of due south, so long as it does not impair the devices effective operation.66 These provisions are intended to encourage the development and use of renewable resources and prevent the adoption of measures that ultimately drive up the costs of owning and operating commercial or residential property.67 III. Effect of Proposed Changes: Section 1 amends s. 163.04, F.S., relating to energy devices based on renewable resources, to allow governing entities with a deed restriction, covenant, declaration, or similar binding agreement affecting the alteration of residential dwellings or within the boundaries of a condominium unit to prohibit the installation of solar collectors in locations outside of specifically designated parameters. Section 2 amends the legislative findings, under s. 366.91, F.S., relating to renewable energy, to state that:  The continued development of renewable energy resources in a fair and equitable manner to all public utility customers is in the public interest.  A net metering rule redesign is supported by the development and maturity of the industry, the decline in solar panel costs, and increased customer-owned/leased renewable generation.  Customer owned/leased renewable generation is not available to public utility customers lacking financial resources or otherwise residing in multitenant buildings.  The industry’s growth has resulted in increased cross-subsidization of electric service costs onto the general body of ratepayers.  The redesigned net metering rate structures must ensure that customers who own or lease renewable generation pay the full cost service. The bill requires the PSC to propose a revised net metering rule by January 1, 2023. The revised rule must meet the following criteria: 62 See Vote Solar Post Workshop Comment. 63 FPL and Gulf Post-Workshop Comments, supra at n. 50, p. 7. 64 Section 163.04(1), F.S. 65 Section 163.04 (2), F.S. 66 Id. 67 Section 163.04(4), F.S. BILL: CS/SB 1024 Page 9  Rate structures and billing must ensure that customers owning or leasing renewable generation pay the full cost of electric service and are not subsidized by the general body of ratepayers.  Ensure that all energy delivered by the public utility is purchased at the applicable retail rate.  Ensure that all energy delivered by customer generation to the public utility is credited to the customer at the public utility’s full avoided cost.  Net metering may include fixed charges, base facilities charges, electric grid access fees, or monthly minimum bills, to ensure that the public utility recovers the fixed costs of serving those customers and that the general body of ratepayers does not subsidize customer renewable generation. The bill allows customers who own or lease renewable generation before January 1, 2023, to continue under the existing net metering rate design and rates for ten years from that date. This provision also applies to customers who purchase or lease real property with renewable generation systems installed for all or part of the ten-year period. Under the bill, the PSC must require a public utility requesting a change in base rates under s. 366.06, F.S., to report the net metering impact on the public utility’s revenue and cost of service. Section 3 provides that the bill is effective July 1, 2022. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None. BILL: CS/SB 1024 Page 10 V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: There may be an indeterminate impact on the solar installation and manufacturing industry if fewer customers purchase rooftop solar as a result of the redesigned net metering rate structure.68 Decreasing the credit amount from the retail rate to the full avoided cost may impact a customer’s decision to install a renewable generation system.69 The average full life of renewable energy generating equipment is approximately 20 years.70 Customers who have already installed systems under the current net metering rule may find that they will have a lower return on their investment than initially predicted.71 Decreasing the credit amount from retail to the full avoided cost may have a positive impact on the IOUs, where projections of the cumulative cross-subsidy to be absorbed by non-net metered customers of FPL, Gulf, TECO, and Duke for 2020 through 2025 total $719 million.72 C. Government Sector Impact: None. VI. Technical Deficiencies: None. VII. Related Issues: None. VIII. Statutes Affected: This bill substantially amends sections 366.91 and 163.04 of the Florida Statutes. 68 PSC, SB 1024 Analysis, supra at n. 10 p. 5. 69 Id. 70 Id. 71 Id. 72 FPL and Gulf Post-Workshop Comments, supra at n. 50, p. 7. BILL: CS/SB 1024 Page 11 IX. Additional Information: A. Committee Substitute – Statement of Substantial Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) CS by Regulated Industries Committee on January 11, 2022: The committee substitute amends s. 163.04(3), F.S. to allow governing entities with a deed restriction, covenant, declaration, or similar binding agreement affecting the alteration of residential dwellings or within the boundaries of a condominium unit to prohibit the installation of solar collectors in locations outside of the parameters specified in s. 163.04(2)(a), F.S B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate. 2/8/22, 2:10 PM Net Metering (Watch) https://www.floridaleagueofcities.com/blog/legislative-bulletin/2022/02/04/net-metering-(watch)02-04-2022-05-08-54 1/2 Net Metering (Watch) CS/SB 1024 (Bradley) and CS/HB 741 (McClure) revise current law relating to net metering to avoid the consequence of ratepayers that do not use renewable energy sources from subsidizing electric service costs of other ratepayers who use net metering and renewable energy sources. The bills require the Public Service Commission to propose new net metering rules that will ensure that utility customers using renewable energy generation pay the full cost of electric service and are not subsidized by the utility's general body of ratepayers. The bills authorize certain customers who own or lease renewable generation before a specied date to remain under existing net metering rules for a 10-year period. (O'Hara) BILL SUMMARY DETAILS Florida League of Cities  2/8/22, 2:10 PM Net Metering (Watch) https://www.floridaleagueofcities.com/blog/legislative-bulletin/2022/02/04/net-metering-(watch)02-04-2022-05-08-54 2/2 About Other Resources Services Social Media Sign Up for Publications Subscribe for the news, events and updates from the League. Subscribe © 2021 Florida League of Cities, Inc. All Rights Reserved.Privacy Policy ADA Disclosure About the League About Florida Cities Board of Directors Awards Contact Us Dr. Scott Paine Grants Program YEMO Media Center Jobs Insurance Investments Retirement Loans Disaster Recovery  Instagram  Facebook  LinkedIn  YouTube  Twitter Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0046 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: February Service Awards SUMMARY: 5 Years of Service Cory Garakop Public Utilities Chelsea Lang Police William Kostka Public Utilities Ivan Dimitrov Engineering Eric Verhayden Information Technology Jeremy Brown Engineering Michael MacDonald Marine & Aviation Hailey Coatney General Services Angela Campagna Solid Waste 10 Years of Service Eric Mitchell Police Justin Murray Police Jason Moore Police Lauren Josey-Filer Police Michael Beaver Police 15 Years of Service Sarah Kessler Engineering 20 Years of Service Melanie Kindred Police 30 Years of Service Charles Warrington Gas Page 1 City of Clearwater Printed on 2/11/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0110 Agenda Date: 2/14/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: Newspaper in Education Week Proclamation - Sue Bedry, Newspaper In Education Development Specialist at Tampa Bay Times SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/11/2022