03/03/2022Thursday, March 3, 2022
6:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
City Council
Meeting Agenda
March 3, 2022City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through
written comment. The City has established the following two options:
1) eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. Comments received
during the meeting will become part of the official record, if posted prior to the closing of public
comment. The City Clerk will read received comments into the record.
2) Email – Individuals may submit written comments or videos to
ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the
meeting (March 2) will become part of the official record. The City Clerk will read received comments
into the record.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 Youth Arts Month - Clearwater Arts Alliance
5. Approval of Minutes
5.1 Approve the minutes of the February 17, 2022 City Council meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 3/7/2022
March 3, 2022City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 Approve a Professional Services Agreement to The Superlative Group, Inc., of
Cleveland, OH for asset valuation, naming rights and sponsorship sales
services for the Imagine Clearwater Project in a not to exceed amount of
$69,000, which includes a 15% contingency, pursuant to Request for Proposal
(RFP) 50-21, and authorize the appropriate officials to execute same.
(consent)
7.2 Approve Amendment No. 1 to Letter of Agreement and Contract with University
of North Florida Training and Services Institute, Inc., d/b/a Institute of Police
Technology and Management (IPTM) High Visibility Enforcement (HVE) for a
Pedestrian and Bicycle Safety Grant Award to accept an additional grant award
of $25,000 for police overtime and authorize the appropriate officials to execute
same. (consent)
7.3 Authorize a purchase order to Odyssey Manufacturing Co. of Tampa, FL for the
continuous supply of Sodium Hydroxide and Sodium Bisulfite Aqueous
Solution, in a cumulative annual amount not-to-exceed $400,000.00, for the
period of March 21, 2022 through March 20, 2023, with the option of two,
one-year renewals, pursuant to Invitation to Bid (ITB) 07-22, Sodium Hydroxide
and Sodium Bisulfite Aqueous Solution, and authorize the appropriate officials
to execute same. (consent)
7.4 Reappoint Gregory Byrd, citizen representative, and Brianne Roberts,
Clearwater Arts Alliance, Inc. representative, to the Public Art and Design
Board with terms to expire March 31, 2026. (consent)
Public Hearings - Not before 6:00 PM
Page 3 City of Clearwater Printed on 3/7/2022
March 3, 2022City Council Meeting Agenda
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve changes to the Penny for Pinellas IV project list, as approved for fiscal
years 2021/22 - 2029/30.
8.2 Approve the request from the owner of property addressed 2427 Timbercrest
Cir E, Clearwater to vacate a portion of the 10-foot wide Platted Drainage and
Utility Easement and a portion of the 5-foot wide Platted Utility Easement,
located on Lot 156, Woodgate of Countryside - Unit One, according to the map
or plat thereof in Plat Book 70, Page(s) 13-14, Public Records of Pinellas
County, Florida, and pass Ordinance 9552-22 on first reading.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9519-22 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 806 Turner
Street, Clearwater, Florida 33756, from Office (O) to Medium Density
Residential (MDR).
9.2 Adopt Ordinance 9530-22 on second reading, vacating a portion of the 5 foot
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 of the Public Records of Pinellas County, Florida.
9.3 Adopt Ordinance 9553-22 on second reading, amending Section 2.036 of the
Code of Ordinances relating to city administration.
10. City Manager Reports
11. City Attorney Reports
12. Closing comments by Councilmembers (limited to 3 minutes)
13. Closing Comments by Mayor
Page 4 City of Clearwater Printed on 3/7/2022
March 3, 2022City Council Meeting Agenda
14. Adjourn
Page 5 City of Clearwater Printed on 3/7/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0216
Agenda Date: 3/3/2022 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Youth Arts Month - Clearwater Arts Alliance
SUMMARY:
Page 1 City of Clearwater Printed on 3/7/2022
C EARWATER ARTS ALLIANCE
mimig Public Art Walk
DOWNTOWN
CLEAR WATER
EVERY 3rd
SATURDAY
RSVP at ClearwaterArtsAlliance.org DISTRIC1mummy, FL
ARTS
ALLIANCE
Clearwater Arts Alliance Presents
The 2021-2022
March is Youth Art Month
K-8 Student Art Exhibition
Creative
Pinellas
v
K-8 Student Artwork on Display
March 2 to April 3, 2022
The Gallery @ Creative Pinellas
12211 Walsingham Rd. Largo, Florida
Opening Reception
Sunday, March 6, 2022
1:30pm to 3pm
Awards Ceremony in Courtyard at 2pm
Visit Creative Pinellas to see the student art on display
12:00pm to 5pm, Wednesday through Sunday
Due to COVID-19 protocols, masks or face coverings are required inside the building
peso
LLAS COUNTY SCHOOLS
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0203
Agenda Date: 3/3/2022 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the February 17, 2022 City Council meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/7/2022
City Council Meeting Minutes February 17, 2022
Page 1 City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, February 17, 2022
6:00 PM
Main Library - Council Chambers
City Council
Draft
City Council Meeting Minutes February 17, 2022
Page 2 City of Clearwater
Roll Call
Present: 5 - Councilmember Kathleen Beckman, Mayor Frank Hibbard, Vice
Mayor Hoyt Hamilton, Councilmember David Allbritton and
Councilmember Mark Bunker
Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Owen Kohler –
Assistant City Attorney, Rosemarie Call – City Clerk and Nicole
Sprague – Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Hibbard
The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance – Given. 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given.
4.1 February Service Awards
Four service awards were presented to city employees.
The January/February 2022 Bimonthly Award was presented to RCW
Team: Sebastian Dembeck, Eric Holmes, Cory Garakop, Leonard Cox,
Dan McGuinness, Aaron Cowan, and Jason Gray.
4.2 Newspaper in Education Week Proclamation, March 3-7, 2022 - Sue Bedry, Newspaper in
Education Development Specialist at Tampa Bay Times
5. Approval of Minutes
5.1 Approve the minutes of the February 3, 2022 City Council Meeting as submitted in written
summation by the City Clerk. Draft
City Council Meeting Minutes February 17, 2022
Page 3 City of Clearwater
Vice Mayor Hamilton moved to approve the minutes of the
February 3, 2022 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Blain Enderlie expressed concerns with the physical state of the safety
cones provided to volunteer officers.
Norm Bild said he hoped to bring the Bull Simons Award ceremony,
Honoring Sgt. Major Tyrone Adderly, to Clearwater. He said more details
would follow.
Bill Jonson said SB 524, Election Administration, contains language
prohibiting the use of ranked choice voting and suggested
Councilmembers contact their legislators and request the language
be deleted. He thanked the Council for the city-sponsored candidates
forum; it was much appreciated.
Mike Riordon suggested selling Bay Care Ballpark to the Phillies and
using the proceeds for Imagine Clearwater or renting the facility
year-round at market rate.
Michael Phlutriofs thanked the mayor for sticking up for competency
when the discussing the appointments of CDB members at the last
council meeting.
Robert Chiulli expressed concerns with a mold issue in his unit that has been
reported and continued to be unaddressed by the landlord. He said he
reported the matter to city staff and requested assistance addressing the
code violation.
Marsha Rimer said the Bay Area Pregnancy Center is a 501c3 local
organization celebrating 37 years assisting and supporting women with
unplanned pregnancies and food pantry services. The organization
served 1,200 clients last year.
7. Consent Agenda – Approved as submitted.
7.1 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 Draft
City Council Meeting Minutes February 17, 2022
Page 4 City of Clearwater
$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)
7.2 Authorize staff to initiate a foreclosure action against the mortgagor pursuant to a
mortgage on property located at 408 Vine Street, Clearwater. (consent)
7.3 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)
7.4 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)
7.5 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)
7.6 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)
7.7 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 Fire Station 46
(18-0028-FD), pursuant to Request for Qualifications (RFQ) 18-20, and authorize the
appropriate officials to execute same. (consent)
7.8 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)
7.9 Approve the Water Taxi Amendment to Second Renewal with Clearwater Ferry Services,
Inc. and authorize the appropriate officials to execute same. (consent)
7.10 Approve a purchase order to Sentry Event Services, Inc., of Tampa, FL for security Draft
City Council Meeting Minutes February 17, 2022
Page 5 City of Clearwater
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)
7.11 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)
Councilmember Allbritton moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Quasi-Judicial Public Hearings
8.1 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
9519-22 on first reading. (REZ2021-11001) 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:
Draft
City Council Meeting Minutes February 17, 2022
Page 6 City of Clearwater
• 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.
• 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.
Ordinance 9519-22 was presented and read by title only.
Councilmember Beckman moved to 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 9519-22 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton,
Councilmember Allbritton and Councilmember Bunker
9. Administrative Public Hearings
9.1 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.
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 Draft
City Council Meeting Minutes February 17, 2022
Page 7 City of Clearwater
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.
Ordinance 9530-22 was presented and read by title only.
Councilmember Bunker moved to 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. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton,
Councilmember Allbritton and Councilmember Bunker
10. Second Readings - Public Hearing
10.1 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.
Ordinance 9527-22 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9527-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton,
Councilmember Allbritton and Councilmember Bunker
11. City Manager Reports
11.1 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.
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 Draft
City Council Meeting Minutes February 17, 2022
Page 8 City of Clearwater
Street, Myrtle to Saturn Avenues (segment of Drew St with four narrow lanes).
One individual spoke in support and stated that the City of Clearwater is
the only municipality that has not signed onto Safe Streets Pinellas.
In response to questions, Traffic Engineer Manager Omar Atallah? said
reducing the speed limit too much can provoke more accidents. Staff
recommends requesting the speed be lowered to 35 mph and if the traffic
movement is calmer, the City can progress to further lowering the speed
limit. He said there are non-intrusive traffic calming techniques that can be
pursued, such as the coordination of signal timing and increasing efforts to
warn the public of the narrow lanes and speed limit.
Resolution 22-07 was presented and read by title only.
Councilmember Allbritton moved to 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. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton,
Councilmember Allbritton and Councilmember Bunker
11.2 Appoint three members to the Community Development Board with terms to expire
February 28, 2026.
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.”
Draft
City Council Meeting Minutes February 17, 2022
Page 9 City of Clearwater
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
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
Draft
City Council Meeting Minutes February 17, 2022
Page 10 City of Clearwater
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)
12. Justin Perrino - 911 Alameda Ave, 33759 - Commercial Construction
Management
13. Aubrey Haudricourt - 51 Island Way, 33767 - Engineer (Clearwater EOR)
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 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 five additional applicants with
engineering, real estate/construction, federal environmental enforcement, and
construction management backgrounds.
In response to a question, Assistant City Attorney Owen Kohler said past
board members included an EOR (Engineer of Record).
One individual stated that no one is an expert of the entire city code and
suggested that the City have an ombudsman and more citizen
representation.
Draft
City Council Meeting Minutes February 17, 2022
Page 11 City of Clearwater
One individual advocated for more diversity on the CDB, especially
regarding the environment and Clearwater neighborhoods, and
encouraged the appointment of Bill Jonson and Paul Bouffard.
One individual supported Paul Bouffard, Michael Engelmann, and Bill
Jonson be appointed.
Discussion ensued with comments made that the CDB should have
members who understand the City's development code and make
determinations based on code, not personal preferences. It was stated
that all CDB members know and care for Clearwater neighborhoods as
they are city residents. A concern was expressed that board members
who work in the development community may err in favor of developers.
In response to a question, Planning and Development Director Gina
Clayton said the CDB hears approximately 40 cases per year.
on the
Councilmember Beckman moved to appoint Bill Jonson. The
motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker
Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton
Councilmember Beckman moved to appoint Paul Bouffard. The
motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker
Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton
Vice Mayor Hamilton moved to appoint Andrew Caudell. The
motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Hibbard, Vice Mayor Hamilton, and Councilmember Allbritton
Nays: 2 - Councilmember Beckman and Councilmember Bunker
Vice Mayor Hamilton moved to appoint Aubrey Haudricourt. The motion
was duly seconded and carried unanimously.
Councilmember Beckman moved to appoint David Jaye. The
motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker
Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton Draft
City Council Meeting Minutes February 17, 2022
Page 12 City of Clearwater
Councilmember Allbritton moved to appoint Bruce Rector. The
motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker
Nays: 1 - Councilmember Beckman 12. City Attorney Reports
12.1 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.
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.
One individual spoke in opposition.
Ordinance 9553-22 was presented and read by title only. Vice
Mayor Hamilton moved to 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. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton,
Councilmember Allbritton and Councilmember Bunker 13. Other Council Action
Draft
City Council Meeting Minutes February 17, 2022
Page 13 City of Clearwater
13.1 Draft letter opposing CS/SB 1024 - Councilmember Beckman
Body: 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-a
ffairs/> .
Councilmember Beckman said staff drafted letters but the bills have
stalled this week. She said she wrote a letter asking the State to take no
action until a penetration of solar is 10%, which is currently less than 1%.
As proposed, the bill would make it difficult to reach the City's Greenprint
2.0 goals and that it would negatively impact the solar industry and jobs
within the state.
Councilmember Beckman moved to approve draft letter opposing
CS/SB 1024. The motion was duly seconded and carried
unanimously.
14. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said 3 Scientology parishioners will be renovating
properties they purchased on Cleveland Street and that the plans look
good. He said this is the bare minimum of what should be expected when
someone buys a property, but this is not something to be celebrated as it is
clear it has been orchestrated since 2017 to keep properties vacant. He said
he made his second trip to Morton Plant Hospital and thanked the doctors
and nurses for his care.
Councilmember Beckman said she spoke to the landlord for the properties on N. Ft. Harrison Avenue and that the properties would start getting cleaned
up next week. She said she drives the beach every day and Spring Break is
here. She had people reach out to her regarding the lighting on Coronado
Drive for the crosswalk area. She thanked all for the citizen engagement and
said residents should have their ballots already if they signed up to vote by mail. She encouraged all to know their polling locations and to read about
the candidates and be an informed voter.
Councilmember Allbritton said he attended the funeral of Wally Lee, the
former Clearwater Beach Hotel manager; he will be missed in the community.
Draft
City Council Meeting Minutes February 17, 2022
Page 14 City of Clearwater
Vice Mayor Hamilton said Mr. Lee was an icon in the community and a lot of
people learned a lot from him. He said he is excited about the Cleveland
Street properties being fixed up but he will be more excited when businesses
are in the spaces. He said there was a political sign in the audience tonight
and if not addressed, more signs will appear at future council meetings.
15. Closing Comments by Mayor The Mayor thanked staff for the Cleveland Street Blues event which was
dynamite. He congratulated the Turner Brandon American Legion who
celebrated the four chaplains who went down on a troop transport ship that
was attacked in 1943 while crossing the Atlantic Ocean; there were not
enough life jackets on the boat and the chaplains gave up their life jackets
and their lives and they are celebrated ever year. He said Father Bob Swick
who does a lot with veterans in our community was honored as well. He said
he and the Vice Mayor had a great trip to Tallahassee and talked to
representatives including the Speaker of the House and he said funding for
Imagine Clearwater looks promising. He expressed condolences to the
Bieber family for the loss of their daughter and sister and said he and other
Councilmembers attended the funeral; the family will continue to be in our
prayers. He thanked Judge James Pierce for hosting the black and gold ball
for scholarships for students in North Greenwood that he attended with his
wife. He thanked Sofia Rzymski for raising money and awareness for
pediatric cancer for her friend Allie who passed away; she rode her bike from
Tarpon Springs to Clearwater Beach. He said he and most of Council
attended a ribbon cutting ceremony for an affordable housing project that
was just added to the City’s inventory. He encouraged all to check out the
Elite Invitational Softball tournament this weekend at Eddie C. Moore and
that ESPN would be broadcasting the event. He thanked all candidates who are running for Council; it is a thankless and arduous process; the candidate
forum was hosted by long time Bay News 9 News Anchor Al Reuchel who
did a marvelous job.
16. Adjourn
The meeting adjourned at 7:42 p.m.
Mayor City of Clearwater Attest City Clerk Draft
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0188
Agenda Date: 3/3/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve a Professional Services Agreement to The Superlative Group, Inc., of Cleveland, OH
for asset valuation, naming rights and sponsorship sales services for the Imagine Clearwater
Project in a not to exceed amount of $69,000, which includes a 15% contingency, pursuant to
Request for Proposal (RFP) 50-21, and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
On April 12, 2021, Council authorized the issuance of a Request for Proposal to seek a
qualified firm to provide naming rights and sponsorship valuation services for the Imagine
Clearwater Project.
On August 23, 2021, the City issued RFP 50-21, Asset Inventory, Valuation and Naming Rights
Services, and received four responses from qualified companies that could provide
professional services related to asset inventorying, sponsorship valuation, and identify
competitive solutions for the naming rights of Coachman Park, in consideration of feedback
provided at the Council Work Session on August 2, 2021.
A team of city staff representing the Engineering and Parks & Recreation Department reviewed
each proposal and conducted presentations with the top two ranked firms. The Superlative
Group was ranked highest in its ability to meet the City’s technical requirements. The proposed
contract includes a two-phased approach. Phase I will provide for an inventory and valuation of
all assets that Coachman Park has available to generate revenue. The optional Phase II
provides for the development of a strategic sales campaign to identify a preferred sponsoring
party for the Imagine Clearwater Venue.
The Parks and Recreation Department is recommending approval for Phase I of the
agreement, with an estimated project duration of four months. Staff will present the Phase I
findings to Council at a future date and request further direction for an optional Phase II
approach, which consists of Naming Rights and Sponsorship Sales Services.
APPROPRIATION CODE AND AMOUNT:
Funds are available in General Fund Non-Departmental cost code 0107010-530100,
Professional Services, to fund the cost of this contract.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 3/7/2022
October 29, 2021
NOTICE OF INTENT TO AWARD
The Selection Committee and the Procurement Division recommend award of Request for Proposals #50-21, Asset Inventory, Valuation and Naming Rights Services, to The Superlative Group. Contract negotiations will begin with The Superlative Group, with a recommendation to be taken to Council in the near future. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Manager at Lori.Vogel@myclearwater.com. Posted on this date by:
Lori Vogel Lori Vogel Procurement Manager
Naming Rights &
Sponsorship Valuation &
Sales Services
Clearwater, Florida
2843 Franklin Blvd. Cleveland, OH 44113 | Phone: 216.592.9400 | www.superlativegroup.com
CITY OF CLEARWATER RFP 50-21 2
Table of Contents
Tab
Title
Page
1 Letter of Transmittal 3
2 Demonstrated Experience & Project Personnel 4
3 Project Methodology, Approach & Timeline 35
4 References 42
5 Cost of Consulting Services 43
6 Other Forms Appendix
THE SUPERLATIVE GROUP - 2843 FRANKLIN BLVD. - CLEVELAND, OHIO 44113 - (216) 592-9400
Valeria Craig, CPPB
Sr. Procurement Analyst
City of Clearwater
Attn: Procurement Division, RFP #50-21
PO Box 4748
Clearwater, FL 33758-4748
September 28, 2021
Dear Ms. Craig,
We are pleased to submit the following proposal in response to the City of Clearwater’s
RFP #50-21 for Asset Inventory, Valuation, and Naming Rights Services.
We believe the following proposal demonstrates our core competencies
and distinguished history in Naming Rights and sponsorship valuation, development and
execution on behalf of many municipalities and governmental entities. Our proposal also
highlights how Superlative is uniquely qualified to efficiently work with the City of
Clearwater.
We understand the requirements of this RFP and are committed to provide all services
and features we have outlined in this proposal within the allotted timeframe that the RFP
specifies. Our team’s experience and knowledge of the industry will be an asset to your
team as you navigate this initiative. Pat Nieser, Executive Vice President, will be the
Project Manager for this project. He will be supported by Superlative’s full team of
valuation specialists and sales executives listed in our proposal on pages 28-32.
We look forward to the opportunity to meet with you and other stakeholders to answer
questions, discuss the methodology our firm has developed and explain how we plan to
leverage our expertise and experience to lead the City in this exciting opportunity.
Good luck and good selling,
Myles C. Gallagher
President & CEO
CITY OF CLEARWATER RFP 50-21 4
Sponsorship is Evolving.
We’re Leading the Way.
Headquartered in Cleveland, OH, with satellite offices in Las Vegas, NV, and London, UK, The Superlative Group is
the foremost expert in the valuation and sale of Naming Rights and corporate sponsorships for public and private
sector clients. Founded in 1994 by current President and CEO Myles Gallagher, Superlative is an industry-leading
team of sales executives, valuation analysts, attorneys and accountants that manage the entire sponsorship
marketing process from stakeholder engagement, industry research and valuation to negotiating, closing and
stewarding of partnerships. Over the past 27 years, Superlative has delivered more than $2.7 billion in Naming
Rights, sponsorship and premium seating revenue for our clients.
OUR MISSION & VALUES
At Superlative, superior customer service has been woven into the fabric of our firm since its inception. As a result,
Superlative’s culture and core beliefs are rooted in exceeding our clients’ expectations. Our client focus is evident
by the manner in which we organize and manage our projects:
• Understanding each client’s needs,
objectives and desires;
• Building a sponsorship marketing and
sales plan that meets those goals;
• Drawing upon our extensive experience
to optimize Naming Rights and
sponsorship inventory;
• Maximize sponsorship revenues through sales
propositions and long-term agreements;
• Supplying senior management and on-site staff
to direct and execute each plan
• Providing immediate feedback and ongoing
reporting to each client as the project
progresses.
OUR APPROACH
The Naming Rights and sponsorship industry is continually changing because we are changing it. Our approach
challenges the outmoded belief that sponsorships are sold primarily by intangibles. We use an impressions-based
valuation methodology that employs real-world values that can be later justified in a sales pitch. We speak the
language sponsors speak, plain and simple. Every day, our executives are challenged to create innovative
partnerships that will deliver optimum value to each client—whether it’s a property or a spons
CITY OF CLEARWATER RFP 50-21 5
Experience
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was engaged to value and sell the Naming Rights to American Airlines Arena, home of
the Miami HEAT, in Miami, Florida. Once the comprehensive valuation was completed, Superlative secured a
19-year Naming Rights partnership totaling more than $215 million. The partnership was secured with FTX, a
leading cryptocurrency exchange platform founded by Sam Bankman-Fried. The partnership is the first of its
kind and spearheaded a full category policy review by the NBA in anticipation of a massive influx of new
sponsorship revenue from consumer-focused cryptocurrency exchange platforms, banks and other
supporting industries.
CASE STUDY | FTX ARENA
CITY OF CLEARWATER RFP 50-21 6
COUNTYWIDE SPONSORSHIP
PROGRAM ADMINISTRATOR
SUMMARY OF SERVICES
Beginning in October 2016, The Superlative Group has a five-year contract with Miami-Dade County to perform
a County-wide asset inventory, evaluate the marketability and sponsorship potential for for County-owned assets
and develop a strategic sales campaign in order to secure marketing partnerships. Opportunities include Naming
sponsors, category partners and other corporate sponsors for County agencies, including Miami International
Airport, Jackson Health System, Miami-Dade Transit, Zoo Miami and Port Miami. Currently, the project team is
in the process of securing a County-wide single-source beverage rights agreement and conducting the Phase I
valuation of Miami-Dade Transit assets for the Department of Transportation and Public Works.
CASE STUDY | MIAMI-DADE COUNTY, FL
CITY OF CLEARWATER RFP 50-21 7
NAMING RIGHTS, SPONSORSHIP ASSET
INVENTORY, VALUATION & SALES SUMMARY OF SERVICES
The Superlative Group was recently hired by the City of Doral, Florida, to complete a full asset database
development, valuation and comprehensive Naming Rights and sponsorship policy for the City’s Parks and
Recreation Department with a focus on their new Amateur Sports Complex. The Department operates and
maintains nine parks with an abundance of amenities for all ages and lifestyles including: a community center,
lighted sports fields, basketball courts, volleyball courts, bike trails, exercise stations, playgrounds, pavilions,
etc. The project team has commenced their Phase I Valuation.
CASE STUDY | CITY OF DORAL
CITY OF CLEARWATER RFP 50-21 8
CITYWIDE SPONSORSHIP
PROGRAM ADMINISTRATOR
SUMMARY OF SERVICES
The project team was tasked by the Parks & Recreation Department of the City of Miami Beach to complete a
revenue potential study on various assets in their portfolio including the feasibility of a single-source soft drink
agreement, official partnerships and Naming Rights. Superlative executed a single-source soft drink agreement
with Coca-Cola on behalf of the City. The 10-year agreement makes Coca-Cola the exclusive and official non-
alcoholic beverage and recycling partner of Miami Beach. Coca-Cola agreed to provide “revenue enhancement
opportunities” and advertising sales support to the City of Miami Beach. At 10 years and $7 million, this was the
largest soft drink agreement for a municipality in the world at the time.
CASE STUDY | CITY OF MIAMI BEACH, FL
CITY OF CLEARWATER RFP 50-21 9
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was hired in January 2014 to conduct a valuation of assets inside and outside the
Sacramento Community Theater that could benefit from corporate partnerships and sponsorships. In April
2014, the valuation team delivered the completed asset inventory and valuation to the City that identified the
value of Theater Naming Rights and other key assets. The project team was subsequently re-hired by the City in
May 2017 to re-visit Naming Rights and sponsorships for the Theater, Convention Center and Memorial
Auditorium. The project team has completed a comprehensive report outlining key findings including top-tier
partnerships and/or donor categories and key prospects for Naming Rights outreach. Most recently, the sales
team finalized a 25-year, $23 million Naming Rights deal with SAFE Credit Union for the Theater and Convention
Center.
CASE STUDY | CITY OF SACRAMENTO. CA
CITY OF CLEARWATER RFP 50-21 10
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was hired as the exclusive Naming Rights consultant for the Cleveland Convention Center
and Global Center for Health Innovation. The project team delivered a complete asset inventory and valuation.
This included recommendation for the best approach to maximizing revenues, project asset prioritization,
innovative ways to package assets for potential partners and determining a fair market value for Naming Rights
to the Cleveland Convention Center and Global Center for Health Innovation. Superlative announced an
agreement between the Cleveland Convention Center and FirstMerit Bank (now Huntington Bank) for Naming
Rights, making the convention center the “FirstMerit Convention Center of Cleveland” (now “Huntington
Convention Center of Cleveland”). The agreement is worth $10 million over 20 years.
CASE STUDY | HOUSTON FIRST CORPORATION CASE STUDY | CUYAHOGA COUNTY, OH
CITY OF CLEARWATER RFP 50-21 11
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was hired by SMG, South Towne Exposition Center and Salt Palace Convention Center to
value the assets and develop a marketing plan to sell Naming Rights to the convention centers. Within a few
months, Superlative delivered a comprehensive asset inventory and valuation for Naming Rights to the centers
as well as exhibition halls and pre-function areas. The project team also provided opportunities for category
sponsorships throughout the facility. Superlative has secured a 10-year, $1.59 million pouring rights agreement
with Coca-Cola and, more recently, secured Mountain America Credit Union as the Naming Rights partner to the
South Towne Exposition Center at $4 million over 10 years.
CASE STUDY | CITY OF SALT LAKE CITY, UT
CITY OF CLEARWATER RFP 50-21 12
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was hired by Placer Valley Tourism for detailed asset valuation to be followed by
sponsorship and Naming Rights sales of their assets. Placer Valley redeveloped the county fairgrounds and
rebranded the venue as @the Grounds to include a new sports complex and other highly visible attractions. Upon
starting the sales campaign, Superlative secured an exclusive pouring rights agreement as well as an exclusive
partnership for internet and telecommunication services for @the Grounds. With the 160,000-square foot event
center opening in early 2020, The Superlative Group recently finalized a naming rights agreement that will
generate in excess of $4 million over a 20-year term agreement.
CASE STUDY | PLACER VALLEY, CALIFORNIA
CITY OF CLEARWATER RFP 50-21 13
NAMING RIGHTS, SPONSORSHIP & PREMIUM SEATING VALUATION & SALES SUMMARY OF SERVICES Superlative signed an agreement with the San Diego Symphony Orchestra to develop a holistic marketing and
corporate fundraising strategy for the organization. The project includes a Fair Market Valuation of Naming
Rights opportunities at the Jacobs Music Center—the Orchestra's home venue—and The Rady Shell at Jacobs
Park, as well as an assessment of the potential revenue to be realized through premium seating sales at the Park,
Concert Series Sponsorships and organization-wide Exclusive Partnerships in a variety of industry
categories. The Superlative Group completed its Phase I analysis in May 2018 and is currently in Phase II
strategic sales campaign for the Orchestra. To date, Superlative has secured an exclusive pouring rights
agreement, hotel sponsorship, and multiple other partnerships including single-event and programmatic
sponsorship for the inaugural summer season.
CASE STUDY | SAN DIEGO SYMPHONY
CITY OF CLEARWATER RFP 50-21 14
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was selected in June 2015 to serve as the sole Naming Rights and sponsorship consultant
for the Rockford Park District’s Sportscore Downtown and Sportscore II. The Rockford Park District is the third
largest park and recreation system in Illinois and its network includes four sports complexes, five golf courses,
four museums, two ice arenas, an equestrian center and numerous recreational paths and public gardens. The
project team secured University of Wisconsin Health as the Naming Rights partner to the Sportscore Downtown
at 10 years and $2.1 million as well as MercyRockford Health System on a 10-year, $1.9 Naming Rights agreement
to Sportscore I, Sportscore II and the Indoor Sports Center.
CASE STUDY | ROCKFORD PARK DISTRICT, IL
CITY OF CLEARWATER RFP 50-21 15
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The City of Palmdale hired The Superlative Group to serve as its exclusive sales and management agency to
provide sponsorship sales and management services for City programs, events and facilities. Opportunities
include on-site promotions, product sales, special events, sampling and more. The project team delivered a
Phase I report, which identified and valued their current sponsorship assets, as well as identified potential new
sponsorship assets to market and ultimately sell Naming Rights and sponsorships. Once the valuation was
completed, the team moved into Phase II and immediately procured a City-wide Pouring
Rights partnership totaling over $300,000. In addition to the Pouring Rights agreement, the team also secured
a Title Sponsorship totaling $275,000 for the City’s new Fitness Court currently under construction at the Pelona
Vista Park.
CASE STUDY | CITY OF PALMDALE, CA
CITY OF CLEARWATER RFP 50-21 16
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
Superlative was hired by Sedgwick County to evaluate the Naming Rights, sponsorship and premium seating
revenue potential of their new downtown arena, home of the Wichita State Shockers’ basketball team. Through
focus groups, industry-standard benchmarking and individual one-on-one interviews with potential corporate or
individual customers, the project team provided the County with a revenue projection report within 3% variance
of the actual revenue generated. The project team was subsequently retained as the exclusive sales agent on
behalf of Sedgwick County. In addition to the 25-year, $8.75 million Naming Rights agreement with INTRUST
Bank for the naming of the arena, naming partners were secured for the Entrance Plaza (Cessna Aircraft
Company) and Main Concourse (Spirit AeroSystems) were delivered for $3 million each.
CASE STUDY | SEDGWICK COUNTY, KS
CITY OF CLEARWATER RFP 50-21 17
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was selected in April 2015 to secure Naming Rights and sponsorship partners for
Minnesota United Football Club’s soccer stadium (National Sports Center), indoor multisport complex
(Bielenberg Sports Complex) and the team kits. The project team completed a full asset inventory and valuation
on the Bielenberg Sports Complex prior to the sale of Naming Rights and sponsorships. Superlative secured a
10-year, $3 million Naming Rights agreement to the Beilenberg Sports Complex with HealthEast Care System.
CASE STUDY | CITY OF WOODBURY, MN
CITY OF CLEARWATER RFP 50-21 18
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
Superlative was hired to provide fundraising consulting services for the City’s Spectator Facility, the new home
of the Ontario Hockey League’s Niagara IceDogs. The project team secured a 25-year, $5.26 million Naming
Rights agreement with Meridian Credit Union, making it the most lucrative Naming Rights agreement in the
Ontario Hockey League. Superlative also sold the 25 luxury suites in only two weeks, generating an additional
$2.6 million in contractually obligated revenue. Superlative then secured over $2 million in club seats sales and
an additional $2.5 million in sponsorship sales. Sponsorship sales included:
• 10-year agreement with Canadian Automobile Association for $400,000
• 10-year agreement with Coca-Cola for $750,000 (this is a citywide pouring rights agreement)
• 10-year agreement with Molson for $500,000
• 10-year agreement with Casino Niagara for $300,000
CASE STUDY | CITY OF ST. CATHARINES, ON, CA
CITY OF CLEARWATER RFP 50-21 19
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
In 2014, The Superlative Group was hired by Houston First to secure a pouring rights partner for a number of
their theatres and entertainment facilities. The project team successfully secured Coca-Cola as the pouring rights
partner under a 5-year, $2.14 million agreement. In February 2017, the project team was re-hired by Houston
First to value assets and pursue Naming Rights and sponsorship partners. Assets include the George R. Brown
Convention Center, Theater District (Wortham Theater and Jones Hall), Miller Outdoor Theater and a number of
parking garages. Superlative has completed the Phase I Valuation report and has moved into the sales phase to
procure the most valuable assets first.
CASE STUDY | HOUSTON FIRST CORPORATION
CITY OF CLEARWATER RFP 50-21 20
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
Superlative was hired as the exclusive agent to serve the City and County of Denver for its sponsorship sales
and management services. Prior to the sales phase, Superlative created in-depth sponsorship valuation for the
Denver Coliseum, Denver International Airport, Denver Performing Arts Complex, Red Rocks Amphitheatre and
Denver Public Library. Valuation deliverables included valuing currents sponsorship assets and the potential for
new assets as well as Naming Rights potential for the Denver Performing Arts Complex, Denver Coliseum and
Denver Convention Center. The project team handles all sponsorship activation and sales for Denver Arts &
Venues. As the sole agency handling sponsorship for the venue, we handle the scheduling of all onsite activation,
fulfillment of all assets as well as all year-end recaps. We also handle the sponsorship of DAV events, such as
Yoga on the Rocks, the Five Points Jazz Festival, Film on the Rocks and Fitness on the Rocks. Some of the
sponsorship agreements Superlative has secured include:
• 3-year agreement with Brown-Forman for nearly $300,000
• 2-year agreement with Southwest Airlines for $240,000
• 3-year agreement with Miller-Coors for $1.1 million
• 5-year agreement with Pepsi for $1.3 million
• 2-year agreement with Jeep for $330,000
• 3-year agreement with Treasury Wine Estates for $204,000
• 3-year agreement with Red Bull for $180,000
• 2-year agreement with Conoco for $300,000
CASE STUDY | CITY AND COUNTY OF DENVER, CO
CITY OF CLEARWATER RFP 50-21 21
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY & VALUATION
SUMMARY OF SERVICES
Wolf Trap Foundation for the Performing Arts, the official partner to the National Park Service, retained the Superlative Group to provide Naming Rights and Sponsorship Asset identification and valuation services for its network of iconic venues, including the Filene Center, The Barns at Wolf Trap, Children’s Theatre-in-the-Woods and the Center for Education. The project team has completed its Phase I analysis.
CASE STUDY | WOLF TRAP FOUNDATION FOR THE PERFORMING ARTS
CITY OF CLEARWATER RFP 50-21 22
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was hired by The Cleveland Orchestra, a “Big Five” American orchestra and one of the most sought-after performing ensembles in the world, in May 2017 to value and sell Naming Rights and corporate partnership opportunities at Severance Hall, its home venue in downtown Cleveland, and Blossom Music Center, an outdoor music and entertainment venue owned and maintained by the Orchestra in Cuyahoga Falls, OH. The valuation team completed its Phase I Asset Inventory & Valuation of both facilities.
CASE STUDY | CLEVELAND ORCHESTRA
CITY OF CLEARWATER RFP 50-21 23
NAMING RIGHTS & POURING RIGHTS
CONSULTATION SERVICES SUMMARY OF SERVICES
Superlative was hired by Newport Music Festival to identify, package and value sponsorship assets that could
breathe new life into a historical event that featured one of the oldest forms of music in the U.S. The project
team discovered that despite limited annual attendance compared to other music festivals, the audience was
unique—high net worth individuals with familial or business ties to Rhode Island that travel to NMF from all over
the world. With this is mind, Superlative created a partnership platform that would entice luxury brands to
provide a red-carpet experience for festivalgoers, including in-kind asset development and COVID-era activation
ideas that added value to the Festival, attendees and partners (apparel, media, lighting, food and beverage, etc.).
Superlative is in active discussions with BMW, Hugo Boss, Valentino and other luxury brands for the 2021
Festival, which had previous sponsorship revenues of <$35,000 annually and could now generate $1.7 million
per year.
CASE STUDY | NEWPORT MUSIC FESTIVAL
CITY OF CLEARWATER RFP 50-21 24
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group was retained by the Minnesota Orchestra to value and sell Naming Rights, sponsorships and
other corporate partnership opportunities for the Orchestra. The orchestra has development plans in place to
construct a 20,000-seat outdoor amphitheater that will provide a natural platform to generate excitement in live
music and outdoor entertainment in the Minneapolis-St. Paul area. Subsequent to completing the Phase I Valuation,
the project team will move into a Phase II Sales Campaign.
CASE STUDY | MINNESOTA ORCHESTRA
CITY OF CLEARWATER RFP 50-21 25
COUNTYWIDE SPONSORSHIP
PROGRAM ADMINISTRATOR
SUMMARY OF SERVICES The Superlative Group was hired by Cook County to complete a comprehensive and ongoing valuation
assessment of all County assets and Departments and to develop and manage an asset marketing program. As
Cook County’s consultant, The Superlative Group was tasked with the assessing and developing a County-wide
digital network that would generate significant revenues for the County. This included an evaluation of the entire
network as well as the solicitation of proposals from digital signage companies that specialize in customized,
highly visible Out-of-Home digital message boards and billboards. Once proposals were received from these
companies, Superlative completed an analysis of each proposal and made recommendations to the County. The
resulting program created a potential network for the County that could generate up to $75 million over 25
years.
CASE STUDY | COOK COUNTY, IL
CITY OF CLEARWATER RFP 50-21 26
SPONSORSHIP ASSET INVENTORY VALUATION & SALES
SUMMARY OF SERVICES
Superlative was hired by the City of Frisco to begin a citywide sponsorship program. The project team was tasked with valuing and assessing city events, facilities, parks and other intangible/intangible assets. Events included in the valuation include Frisco Freedom Fest, Prelude to Freedom Fest, Merry Main Street, Frosty, Daddy Daughter Dance, Easter Eggstravaganza and Mother Son Dance. Facilities and other assets include the Frisco Athletic Center, Frisco Fun Radio, Frisco Fun Guide, Harold Bacchus Community Park, Senior Center, Frisco Heritage Center and Frisco Fire Safety Town. A comprehensive asset inventory and valuation was delivered, and the sales phase has already resulted in a new, city-wide partnership with a major health care network for sponsorship of several community events, initiatives and a presenting partnership for the Frisco Fire Safety Town.
CASE STUDY | CITY OF FRISCO, TX
CITY OF CLEARWATER RFP 50-21 27
NAMING RIGHTS, SPONSORSHIP
ASSET INVENTORY, VALUATION & SALES
SUMMARY OF SERVICES
The Superlative Group has engaged with Hamilton County Sports Authority for sponsorship and naming rights
valuation services to assist the county’s municipalities. The project includes a comprehensive review of the
Grand Park multi-purpose sports complex, Pacers Athletic Center, the Fuel Tank ice arena, and other city parks
and recreation programs. To date, Superlative has secured over $230,000 in contractually obligated revenue.
CASE STUDY | HAMILTON COUNTY SPORTS AUTHORITY
CITY OF CLEARWATER RFP 50-21 28
SPONSORSHIP ASSET INVENTORY, VALUATION & SALES SUMMARY OF SERVICES
The Superlative Group was retained by the City of Irvine to complete an Assessment and Valuation of
Amenities and Facilities at the Orange County Great Park. The City of Irvine, located in Orange County,
California, has a population of nearly 224,000, and covers 65 square miles. The Orange County Great Park on
a section of the former Marine Corps Air Station El Toro, continues its evolution across approximately 1,300
acres as it attracts visitors to its ongoing amenities. The city-owned Great Park is an arts and sports recreational
hub with 688 acres of parkland. Within that acreage is the development of a 194-acre Sports Complex. Recently,
the project team has begun the Phase II Sales Campaign.
CASE STUDY | CITY OF IRVINE, CA
CITY OF CLEARWATER RFP 50-21 29
Project Personnel
MYLES GALLAGHER, President & CEO
Professional Qualifications: 34 years of Naming Rights and Sponsorship experience, 27
years as President and CEO of The Superlative Group
Educational Attainment: B.A., John Carroll University
Background: A sales and marketing leader with 34 years of experience in Sports
Marketing, Corporate Consulting, Entertainment Property representation and Municipal
Marketing, Gallagher opened his full-service agency, The Superlative Group, Inc., in
January 1994.
Before founding The Superlative Group, Myles played a key role in premium seating and sponsorship sales with
the Cleveland Indians during their transition from Cleveland Municipal Stadium to Jacobs Field (now Progressive
Field) in the early 90s. Myles also served in IMG’s Motorsports Division, responsible for driver endorsements and
team representation, as well as the sales and marketing of Motorsports events, where he represented such
brands as Eddie Cheever, Jackie Stewart, and Emerson Fittipaldi and directed sales of the Marlboro Grand Prix
and other prestigious properties. Prior to IMG, Myles served as the youngest brand manager in the tire industry
at Dunlop Tire Corporation. Gallagher pioneered the field of Municipal Marketing and has led the transition of
Naming Rights from a sports stadium niche to an integral part of public infrastructure financing.
KYLE CANTER, Chief Operating Officer
Professional Qualifications: 16 years of experience in Naming Rights & sponsorship valuation, sales and consulting Educational Attainment: B.A., Tiffin University Background: As Chief Operating Officer of The Superlative Group, Canter is responsible for all aspects of business development, client management, strategic planning, staffing, financial forecasting and sales. Canter has 16 years of experience in the Naming Rights and corporate sponsorship analysis and sales arena. He’s worked in the areas of municipal marketing, consulting, auto racing, basketball, baseball, hockey, music, beach volleyball and figure skating. His unique experience with municipal leaders at the federal, state and local levels combined with his understanding of C-suite leaders at some of the world’s most successful and recognizable brands including M&M’s, Anheuser-Busch, Corona, Coca-Cola, PepsiCo, Harley-Davidson, General Motors, The Home Depot, Cleveland Clinic, and Snickers provide him an intuitive understanding of how executive teams value and analyze potential sponsorship and marketing partnerships. As corporate partnerships in higher education continue to expand, Canter has been a leader of the programme at California State University System, the largest system in the world, and many other higher education institutions. He has worked across the professional and minor leagues negotiating and consulting on behalf of sponsors in all categories including healthcare, higher education, financial services, utilities, insurance, automotive, travel and more.
CITY OF CLEARWATER RFP 50-21 30
PAT NIESER, Vice President, Corporate Partnerships & Development
Project Manager
Professional Qualifications: 15 years of experience in professional sports sponsorship sales Educational Attainment: B.S., Ohio University; M.B.A., Ohio University, M.S.A., Ohio University Background: Pat Nieser brings over 15 years of experience in the sponsorship sales world with time spent in the NCAA, MLB, NBA, NFL and digital sports field. He has also consulted, activated and valued marketing opportunities with the majority of his time prior to Superlative spent selling corporate partnerships with the Cincinnati Bengals. During his time in Cincinnati, Pat was involved in major projects such as a stadium-wide Wi-Fi network installation. Since joining Superlative, he has been able to generate several Naming Rights partnerships on behalf of our clients. Nieser has enjoyed working with clients in the CPG, retail, automotive, healthcare, malt beverage and technology industries. He received his Master of Sports Administration from Ohio University and has enjoyed supporting the American Cancer Society, University School and Ohio University through various volunteer and fundraising initiatives.
MATTHEW KORTE, Vice President, Corporate Partnerships & Development
Professional Qualifications: 14 years of experience in professional sports sales Educational Attainment: B.A. Miami University
Background: Matt Korte brings over a decade of experience in sports sales and leadership. As the Vice President of Sponsorship Sales for The Superlative Group, Matt is responsible for all aspects of business development, client management, strategic planning and sponsorship sales. His experience includes stops in Minor League Baseball, the NCAA and most recently the Cleveland
Cavaliers prior to joining The Superlative Group. Through the years, Matt’s focus has been on ticket sales
leadership and premium inventory sales; including suites, premium seating, sales training and development. During his time with the Cavaliers Matt was instrumental in The Q Transformation Project; spearheading multi-year agreements for new hospitality spaces following a $150M+ renovation to Quicken Loans Arena. Korte has enjoyed working with clients throughout numerous industry sectors, including, but not limited to;
Automotive, Construction, Financial Services and Higher Education. He received his B.A. in Political Science from
Miami University where he was active within the Athletic Department and ISP/IMG. In his free time, he enjoys spending time with his wife, son and two German Shepherds.
ADAM SMITH, Director, Corporate Partnerships & Development
Professional Qualifications: 12 years of experience in public and private sector Naming Rights, partnerships, activations, and sponsorship sales Educational Attainment: B.S., The Ohio State University Background: Prior to Superlative, Adam Smith’s experience includes work at The Ohio State University, in Minor League Baseball, and with G3 Marketing. In his most recent and extensive experience, Adam worked on sponsorship activations with Fortune 500 companies, giving them access to prominent athletes from the NBA, NFL, NHL, MLB, PGA, MLS, USWNT, and PLL. Through the years, Adam has also sold and managed brand activations and hospitality to tentpole events that include the NFL Super Bowl Experience, NFL Draft Experience, NCAA Final Four, NBA All-Star, MLB All-Star, NCAA College World Series, and The Masters. Smith has enjoyed engaging with clients in various industries, including, but not limited to, Financial Services, Healthcare, International Franchise, Automotive, and Footwear.
CITY OF CLEARWATER RFP 50-21 31
SIMON HAWKINS, ACA Managing Director, UK & Europe
Professional Qualifications: 12 years of experience as a Chartered Accountant. Experience on a wide range of fundraising and infrastructure projects which include using a range of funding sources, including Philanthropy, Naming Rights and Corporate Sponsorships. Educational Attainment: M.A., University of Edinburgh Background: Simon Hawkins from Belfast and is an experienced financial accountant and financial modeler with 12 years of experience on a range of Government and Infrastructure projects in the UK, Ireland, United States and Asia. Simon has advised a wide range of Government bodies and private sector clients on financial valuations, statistical analysis and business planning. Simon joined The Superlative Group in 2013 and led the valuation team in the United States on projects in the Sport, Leisure and Transportation sectors. Now located in London, he leads Superlative projects based in the UK & Europe. Before joining Superlative, Simon worked for the Grant Thornton UK LPP Government and Infrastructure Advisory team, where he trained as a financial accountant and gained experience on all aspects of project management, commercial negotiation, strategic planning and business development. Simon worked in an advisory role at the interface between major public entities, banks and private sector infrastructure companies. Simon led the Superlative valuation process on a wide range of projects including the Royal Berkshire NHS Foundation Trust, Connacht Rugby Naming Rights valuation for the redeveloped Sportsground, London 2012 Olympic venues and a wide array of Public Bicycle Hire programmes and Naming Rights valuations for Department of Transportation clients, Convention Centres and major entertainment Arenas. Simon’s experience provides an understanding of the relationship between infrastructure assets and sponsorship opportunities, through direct experience of how executive teams value and analyse potential sponsorship and marketing partnerships.
ROSS KENNERLY, Executive Vice President of Analytics, Valuation and Development
Professional Qualifications: 17 years of experience previously working for IEG, BeatNIK
Marketing Group, Social Capital, Inc. and the University of Nevada, Las Vegas.
Educational Attainment: B.A., Alma College; Diplome de Langue Française, Alliance
Française Paris Ile-de-France
Background: Ross Kennerly brings 17 years of experience in corporate sponsorship valuation, consulting, activation and sales on behalf of both rightsholders and buyers. This includes four years of public sector property consulting with Superlative; more than three years in non-profit management, cause marketing consulting and university preferred partner programme development; three years as a creative consultant for some of the world's most recognizable brands, including RJ Reynolds, Anheuser-Busch InBev, Kraft Foods Group, Jockey and Newell-Rubbermaid; and five years as a sponsorship valuation analyst at IEG. He is responsible for business development, client management and all facets of the Superlative valuation process. Ross led our assignment with Resorts World Genting and was closely involved in Superlative’s valuation of INSPIRE Arena. Before joining Superlative, Ross worked for the University of Nevada, Las Vegas as the university’s sponsorship director, where he was responsible for soliciting corporate investment in Black Fire Innovation, the first public-private partnership between a university and a private casino gaming corporation and the first gaming and hospitality business incubator in the world. Kennerly also directed all corporate fundraising efforts at UNLV, including the UNLV Foundation Annual Dinner; Alumni Association sponsorship and affinity programmes; philanthropic giving to individual colleges and schools; and business partnerships through UNLV Purchasing and Contracts. Additionally, Kennerly served as an advisor to the President’s Cabinet to drive development of UNLV’s university-wide preferred partner programme. In his first year with UNLV, Kennerly raised over $9.9 million in current and future revenues for the university, including multi-year agreements with Herff Jones, Emerald Island Casino, Capgemini SE, Adobe, Panasonic, Salesforce, Nutanix, Intel, LG and more.
CITY OF CLEARWATER RFP 50-21 32
Also in the public sector, Ross previously consulted with Social Capital, Inc. to provide non-profit fundraising strategy, lead sales training and raise millions of dollars through sponsorship sales as part of the development teams for more than 10 international non-profits, including the American Society for the Prevention of Cruelty to Animals, Disabled American Veterans, American Red Cross, National 4-H Council, Rotary International, Children's Miracle Network, Feeding America and the National Park Foundation. In the private sector, Ross helped launch the Margaritaville, Bud Light Platinum and Lime-a-Rita brands for A-B InBev; developed a valuation methodology for television product placement for NBC Universal; and secured primary sponsors for Michael Jordan Motorsports’ Aston Martin racing team.
AARON CAPUTO, Executive Director, Legal and Client Services Professional Qualifications: 4 years of experience negotiating and drafting a variety of contracts in the sports industry. Educational Attainment: B.A., Ohio Wesleyan University; J.D., Cleveland-Marshall College of Law; LL.M., University of Miami School of Law Background: As Executive Director of Legal and Client Services, Aaron Caputo is primarily responsible for negotiating, drafting, interpreting, and managing contracts on behalf of The Superlative Group, while also assisting in client outreach. Additionally, Aaron supports The Superlative Group by providing general legal counsel and analysis. In his experience, Aaron has focused on transactional law and has provided legal advice in the areas of minor league baseball, professional athlete representation, municipal law, and sports law consultancy. His prior experience most notably consists of negotiating and drafting presenting sponsorship, vendor, suit/loge, and stadium use agreements as well as athlete representation, endorsement, and appearance agreements.
CLAIRE REDDY, Executive Director, Client Services
Professional Qualifications: 4 years of professional experience in client research and
sales development and management
Educational Attainment: B.S., The Ohio State University
Background: As Executive Director of Client Services, Claire Reddy is responsible for initial and continued client
outreach and the development of sales material. She has supported successful sale efforts for FTX Arena, NFTA,
the City of Sacramento, Sacramento Regional Transit and more. Claire is vital to client servicing and acts as a
direct link between the client and Superlative’s executive team.
CITY OF CLEARWATER RFP 50-21 33
JOSH LAW, Director, Analytics & Valuation.
Professional Qualifications: 6 years of sales, marketing, and data analytics experience in
professional sports
Educational Attainment: B.S., M.B.A., M.S.A, Ohio University
Background: Josh Law brings a combination of sales, marketing, and data analytics
experience into his role as Manager of Analytics & Valuation. After having spent time in ticket sales for the
Cincinnati Bengals and Cleveland Indians, he moved into the analytics side of sales and marketing with the
Columbus Blue Jackets. He has also worked on consulting projects for the National Football League, National
Hockey League, San Diego Padres, Phoenix Suns, and NBC Sports. He is a three-time graduate of Ohio University,
receiving his Bachelor’s, MBA, and Master of Sports Administration.
ALEC KATSAROS, Director, Analytics & Valuation
Professional Qualifications: 4 years of professional experience in industry research and data analytics Educational Attainment: B.S. Miami University Background: As Director of Analytics and Valuation, Alec Katsaros is responsible for project management and industry analytics. He has worked on consulting projects in industry sectors including but not limited to; Higher Education, Municipal Assets & Infrastructure, Professional Sports and Transit. To date, Katsaros has completed over $300 million in valuation work.
CITY OF CLEARWATER RFP 50-21 34
Organizational Chart
AARON CAPUTO
Executive Director, Legal & Client
Services
(Account Support)
MYLES GALLAGHER
President & CEO
(Valuation & Sales Support)
KYLE CANTER
Chief Operating Officer
(Valuation Support & Sales Lead)
JOSH LAW
Vice President, Analytics &
Valuation
(Valuation Support)
PAT NIESER
Executive Vice President,
Corporate Partnerships &
Development
(Sales Lead)
MATT KORTE
Vice President, Corporate
Partnerships & Development
(Sales Support)
ROSS KENNERLY
Executive Vice President.
Analytics, Statistics & Research
(Valuation Lead)
ALEC KATSAROS
Director, Analytics & Valuation
(Valuation Support)
CLAIRE REDDY
Executive Director, Client Services
(Account Support)
SIMON HAWKINS
Managing Director, UK & Europe
(Valuation Specialist)
ADAM SMITH
Director, Corporate Partnerships &
Development
(Sales Support)
SEAN GALLAGHER
Director, Corporate Partnerships &
Development
(Sales Support)
CITY OF CLEARWATER RFP 50-21 35
Project Methodology, Approach & Timeline
EXECUTIVE SUMMARY
Superlative’s sales executives, accountants, analysts and attorneys engineered our approach to sponsorship
marketing to focus on maximizing revenue generation for our clients while over-delivering value against each
corporate partner’s marketing objectives. From start to finish, each facet of our process is guided by well-rounded
sponsorship professionals who have over 100 combined years of practical experience valuing, selling and executing
partnerships.
Our executives have successful track records working for both properties and sponsors, spanning every sector from
convention centers to charitable nonprofits to top tier research universities. This wealth of real-world experience
informs our work on a daily basis and ensures that our sponsorship strategy accounts for every marketable asset
and capitalizes on every possible revenue stream. Our process is divided into two components: Phase I Valuation
and Phase II Strategic Sales. The following sections summarize our valuation methodology, itemize key deliverables
and provide standard timelines for completion of each phase of the project.
PHASE I: ASSET INVENTORY & VALUATION
During Phase I, our team of Valuation specialists identify and value all of the assets that the City of Clearwater’s
Coachman Park has available to generate revenue. Our Valuation process includes five key components:
1) Quantitative Analysis;
2) Qualitative Analysis;
3) Contract & Policy Analysis;
4) Industry Benchmarking; and
5) Prospect Identification.
Each component is briefly summarized in the following pages.
QUANTITATIVE ANALYSIS
Quantitative Benefits reflect the ability to effectively measure the return on investment that Coachman Park
partners can expect to receive. These include the direct, or tangible, benefits available to the partner. Quantitative
Benefits typically form a significant portion of fair market value because each item is quantifiable and guaranteed
to the partner.
Quantitative Benefits are separated into several categories including:
• Property Media Buys;
• Signage Benefits;
• Print Marketing Collateral;
• Social and Digital Media Exposure; and
• Display Opportunities.
CITY OF CLEARWATER RFP 50-21 36
The first step in identifying quantitative value is by studying real-world media value in the marketplace. This
involves understanding the total number of possible impressions available through each asset that reaches the target audience. We identify television, signage, print, digital and social media exposure and then scale impressions for each asset from "valued impressions" to "waste impressions," adjusting the media value accordingly. Standard discount rates range between 10 and 75 percent depending on the type and quality of exposure.
Quality of exposure is determined by:
• How prevalent the partner’s ID (Name) is through the exposure period; and
• The impact of its placement with its intended audience. Our specialists then use pre-impression, or rate-card, values to assign a price or value to each benefit identified. CPMs used for this purpose are culled from local, regional and national advertising rates depending on the scope of the opportunity. Typical CPMs can range from $2.50 for online exposure to $15 for large format out-of-home digital signage. They also represent the most accurate metric by which to determine exposure value for any particular Naming Rights or sponsorship asset. Our quantitative analysis also includes an assessment of the value of engaging the target audience and the quality of exposure received. Understanding the value of each impression with respect to a specific demographic or target audience is an important component. For example, a target student demographic of 18- to 21-year-old females may be considered a "premium audience" by one partner, while another may be trying to reach 35- to
54-year-old males. Our valuation is adjusted accordingly for each opportunity and asset. The final aspect of our quantitative assessment is identifying the costs of engaging the target audience and achieving high-quality exposure. This includes an assessment of the cost of delivery (to the partner) and may include direct costs (installing a hard sign), overhead costs (maintaining a media platform) or development costs. QUALITATIVE ANALYSIS Qualitative Benefits, or intangible benefits, enhance the value of Naming Rights and sponsorships and typically fall outside traditional media platforms making them difficult to quantify. Superlative classifies Qualitative Benefits into five distinct categories based on its extensive experience selling, negotiating and auditing Naming Rights and corporate sponsorships:
• Prestige of Property;
• Value of Audience;
• Opportunity to Activate;
• Partner Protection; and
• Geographic Reach. Functionally, Qualitative Benefits represent the premium value Naming Rights and sponsorships demand over alternative marketing investments. By simplifying intangible benefits into the above five categories, Superlative is able to effectively justify premium Naming Rights and sponsorship value by focusing on the qualitative aspects of an opportunity that align with the objectives of a corporate marketer. CONTRACT & POLICY ANALYSIS As part of its analysis, Superlative conducts a thorough contract review prior to completing every Phase I report. The goal of this process is to establish a list of any limitations, processes or existing policies that affect a contract. Then Superlative develops a strategy to minimize the effects of those limitations and maximize all of the identified opportunities through a logical priority assessment. Not only are prices, fulfillment obligations and relative value for each party reviewed, but also values against similar contracts with other entities. The value of Naming Rights and sponsorships to Coachman Park will be inhibited by any pre-existing contracts relating to Naming Rights and corporate sponsorships. A thorough understanding of Coachman Park’s existing advertising contracts will assess the impact that existing agreements place on new Naming Rights and sponsorship agreements. The project team spends time early in the project reviewing all relevant statutes, signage regulations and rules to ensure that Coachman Park marketing opportunities, within context of established guidelines, are understood. Superlative remains in close contact with Coachman Park’s legal and executive teams to ensure that the asset database is being developed in a manner that is consistent with Coachman Park’s existing policy regarding assets for marketing purposes.
CITY OF CLEARWATER RFP 50-21 37
INDUSTRY BENCHMARKING Superlative maintains an extensive database of Naming Rights and sponsorship agreements that is continuously updated and includes, but is not limited to, Naming Rights and sponsorship contracts from theaters, arenas, park districts, municipalities, convention centers, stadia, transit agencies, Departments of Transportations, universities and nonprofit organizations. Once our Valuation specialists have developed the asset database and
determined the Naming Rights and corporate sponsorship value for each opportunity and asset, a list of similar
sponsorship contracts, including their terms, associated fees and other pertinent details, is compiled for each asset. The goal of this process is to identify not only the fair market value of each Naming Rights and sponsorship opportunity, but also the minimum (floor) and maximum (ceiling) revenue garnered in the marketplace by similar organizations. Each Naming Rights and sponsorship asset is presented in this manner in our final Phase I report. PROSPECT IDENTIFICATION
As a final step, Superlative draws upon its extensive background in Naming Rights and sponsorship sales and its proprietary database to outline prospective partners for each marketable opportunity. This database includes both category identification and major corporate partners within each category. In our experience, optimum revenue generation is attained when there is a comprehensive understanding of:
• The inventory available; and
• How that inventory aligns with the needs of potential partners. Superlative’s experience in identifying and documenting marketing rights, combined with our knowledge of (and relationships with) large corporations, will give Coachman Park the tools to ensure the maximum revenues are leveraged out of every corporate partnership.
CITY OF CLEARWATER RFP 50-21 38
OPTIONAL PHASE II: STRATEGIC SALES CAMPAIGN DEVELOPMENT
Superlative’s main priority is to generate maximum revenue for our clients. Upon completion of Phase I, Superlative recommends immediately moving forward with a strategic sales campaign, beginning with the client’s most valuable opportunities. Prioritizing assets in this manner ensures optimum revenue generation by taking the largest asks to market first. To ensure that coverage is comprehensive, Superlative uses a systematic approach to contact marketing partners. PROSPECTING
• Collaborate closely with Coachman Park’s leadership and development teams on recommendations they
may have;
• Exhaust Superlative’s contact database of thousands of corporate contacts, which is continually updated;
• Identify and research prospective corporations through various subscribed databases to match the marketing needs of corporations with the logical and most valuable marketing assets of Coachman Park;
• Promote sales campaign with a description of Coachman Park’s initiatives through a myriad of resources;
• Create presentation material that will provide specific information for potential investments and/or
partnerships with Coachman Park as part of the Naming Rights or sponsorship program, including:
o Market/Demographic data;
o Measured media value;
o Value justification for unmeasured media;
o Sponsorship benefits and options;
o Options for renewal; and
o Financial investment. NEGOTIATING AND COMPLETING AGREEMENTS
Superlative will assist in any way that is comfortable for Coachman Park. Superlative’s executives can be the upfront negotiator or advise Coachman Park stakeholders, depending on your desire and needs.
PRESENT AGREEMENTS TO THE CITY OF COACHMAN PARK EXECUTIVES AND THE MEDIA Superlative is well versed in the appropriate procedures for announcements to local and national media outlets.
Superlative will work with Coachman Park to accurately present a negotiated Naming Rights and sponsorships to the appropriate executives and media. It is important that Naming Rights and sponsorships be communicated accurately, both financially and politically, while being cognizant of objections and concerns.
CONTRACT FULFILLMENT Superlative will work with Coachman Park to develop a system that accurately tracks the status of newly
developed Naming Rights and corporate sponsorships. Our experience shows that contract fulfillment requires participation from development, legal and accounting functions to ensure high-quality partner relationships.
MANAGE AND AUDIT ONGOING RIGHTS
Superlative establishes post-contract review mechanisms to ensure that all benefits owed to Coachman Park are captured and that the organization is meeting its obligations under these contracts. Superlative is a strong
advocate of audits, especially when payments are performance based.
ACTIVATION AND AUDIT (TERM OF AGREEMENT)
After delivery of a campaign agreement, the project team will assist Coachman Park in the activation and compliance of each aspect of that agreement. Specifically, Superlative will:
• Finalize agreement terms and conditions;
• Assist Coachman Park with the first year of activation of each Naming Rights and/or sponsorship;
• Assist in the development of payment schedules and compliance issues; and
• Provide other services as requested by Coachman Park.
CITY OF CLEARWATER RFP 50-21 39
PROGRESS REPORTS
Superlative understands that effective communication with the client is a critical part of successful project delivery. As part of our standard reporting procedure, we use template reports to provide sales updates:
• Following all meetings with target companies regarding any Naming Rights, corporate sponsorship or
revenue-potential opportunity;
• On a monthly basis, to provide Coachman Park an update on activity during the period. We discuss these periodic sales update reports on a scheduled conference call. Reports are prepared in a template and serve as a record of discussion during sales meetings and log the following project details. Generally, our progress reports include the following information:
• Project timescales and sale priorities
• Status of progress of deliverables in Scope of Services
• Status of all activities, events and efforts
• Summary of meetings and presentations
• Summary of activity regarding market interest and feedback
• Summary of communications with potential partners
• Any deviations from project deliverables or schedule
• Plan of activities for next 30 days The Superlative Group will agree to the format with Coachman Park’s project team as part of our project initiation process.
CITY OF CLEARWATER RFP 50-21 40
PROJECT TIMELINES
Superlative understands that every client situation in unique, and our sales and marketing process allows for
flexibility and customization depending on Coachman Park’s specific needs. For our engagement, Superlative
will complete the following steps:
PHASE I VALUATION (3-4 months, immediately following contract execution)
WEEKS 1 – 4
• KICKOFF MEETING AND SITE VISITS. Site visits are undertaken as soon as possible to view the assets
being valued and kick-start the asset research process. Our valuation team will compile a digital inventory of images and renderings that will be referenced during the valuation process and used in development
of promotional materials for the sales implementation process.
Concurrent with our site visit, Superlative requests a kickoff meeting at Coachman Park’s offices to introduce our team in person, identify project leads and go over timelines and responsibilities.
• GATHERING OF PRELIMINARY INFORMATION. Upon appointment as sales agents on any new engagement, The Superlative Group carries out initial research to review relevant documentation such as strategic plans, design briefs and project renderings to gain an in-depth knowledge of the project and make an accelerated start on our asset identification process. Upon completion of our site visit, Superlative will send Coachman Park staff a detailed Information Request that identifies the key pieces of information that we would like to review as part of our valuation process and present our initial thoughts on the structure of the final report. We will schedule a follow-up call to answer any questions pertaining to our request to facilitate and expedite the information gathering process.
WEEKS 5 – 8
• RECEIPT AND REVIEW OF INITIAL INFORMATION. Superlative allows 2-3 weeks for receipt of the bulk
of information requested of Coachman Park, although this process will likely continue until the report is finalized, and potentially, throughout the strategic sales process as Superlative obtains interest from potential partners. In most cases, Superlative secures most of what it needs to begin building Coachman Park’s asset database by Week 6.
• DEVELOPMENT OF ASSET DATABASE. Concurrently, Superlative’s valuation specialists begin compiling Coachman Park’s assets and determining their quantitative value based on local, regional and national media rates.
• QUALITATIVE ASSESSMENT OF NAMING RIGHTS & SPONSORSHIP ASSET VALUE. Our valuation team conducts original research to ascertain the intangible value of Coachman Park’s Naming Rights and sponsorship opportunities when compared to other, similar properties, using annual reports, press releases and other relevant information provided by Coachman Park as well as Superlative’s proprietary database of Naming Rights and sponsorship contracts.
WEEKS 9 – 12
• CONTRACT REVIEW. Once Superlative has determined the Naming Rights and sponsorship value for Coachman Park assets, packages are compared to the existing Coachman Park Naming Rights and sponsorship agreements. A database of potential challenges and limitations that could potentially impact revenue generation is created, from both external (e.g., signage restrictions) and internal (e.g., category restrictions like tobacco or alcohol) processes.
CITY OF CLEARWATER RFP 50-21 41
• INDUSTRY BENCHMARKING AND PROSPECT IDENTIFICATION. Drawing upon its proprietary database, Superlative builds a list of comparable Naming Rights and sponsorship contracts relevant to each Coachman Park opportunity. This list is also used to identify target partner entities along with input from the Superlative sales team.
• EXECUTIVE REVIEW. Superlative conducts an extensive internal review process where senior leadership has an opportunity to weigh in on potential contract value and overall program revenue potential, lending insight critical insight to the project and ensuring that all potential revenue is accounted for.
• DELIVERY OF DRAFT PHASE I REPORT. Superlative allows 1-2 weeks for review by Coachman Park staff, followed by a conference call with Superlative’s valuation experts to walk through our findings together. Subsequently, any feedback is incorporated and the document is finalized.
OPTIONAL PHASE II SALES (12 months, recommended minimum)
• DEVELOPMENT OF SALES MATERIALS. Superlative’s design team will begin developing presentations, one-sheets and other sales materials using information obtained through the Phase I Valuation process, including audience demographics, proposed sponsorship value and images obtained through site visits and Coachman Park.
• PIPELINE DEVELOPMENT. Superlative’s sales executives will work with Coachman Park personnel to develop a database of sponsor contacts, to be reviewed and agreed upon by Coachman Park staff prior to Superlative making its first call.
• MONTHLY REPORTING. Superlative’s sales executives will coordinate a regular conference call with Coachman Park leadership to provide regular updates on progress made to date. Additional calls may be requested on an ad hoc basis as sponsor interest and pitch meetings are secured. Superlative will provide an updated sales report Coachman Park’s review prior to the call.
• NEGOTIATE AND COMPLETE NAMING RIGHTS & SPONSORSHIP AGREEMENTS. As noted above, Superlative’s valuation process determines not only the fair market value of each opportunity, but also the range of contract value obtained by similar organizations from corporate sponsors. With Coachman Park’s approval, Superlative will open negotiations at the ceiling of this range, or higher, and secure partnerships within the parameters of contract value provided, beginning with Coachman Park’s most valuable assets first.
CITY OF CLEARWATER RFP 50-21 42
References
KATY MCDONALD
Chief of Staff
San Diego Symphony
1245 Seventh Avenue
San Diego, CA 92101
(619) 236-5421
kmcdonald@sandiegosymphony.org
Dates of Service: 2017 – Present
SABRINA TEFFT
Sacramento Convention Center & Theater
Project Manager
915 I Street
Sacramento, CA 95814
916-808-3789
stefft@cityofsacramento.org
Dates of Service: June 2014 – September 2019
DAN WALL
Miami-Dade County, Florida
Assistant Director, Office of Management &
Budget
111 Northeast 1st Street, 22nd Floor
Miami, FL 33128
305-375-4742
Daniel.wall@miamidade.gov
Dates of Service: 2018 – June 2021
AMY LINDSEY
Former Director of Marketing & Strategic
Partnerships
Denver Arts & Venues
229 S. Chaparral Bend Drive
Montgomery, TX 73316
720-373-5419
Amylindsey1@gmail.com
Dates of Service: 2015 – 2017
JENN STARNES
City Communications Manager
City of Irvine
1 Civic Center Plaza
Irvine, CA 92606
949-724-7414
jstarnes@cityofirvine.org
Dates of Service: June 2018 - Present
KIM SUMMERS
Placer Tourism
Director of Marketing
2204 Plaza Drive, Suite 110 Rocklin, CA 95765 916-773-5450
ksummers@placertourism.com
Dates of Service: August 2018 – September
2020
SCOTT SPILLMAN
Executive Director
Mudsock Youth Ahletics
12690 Promise Road
Fishers, IN 46038
317-845-5582
scott@myathletics.com
Dates of Service: September 2018 – Present
ASHLEY BARCENA
Recreation Marketing & Sponsorship Coordinator
City of Doral
8401 NW 53 Terrace
Doral, FL 33166
305-593-6600
ashleybarcena@cityofdoral.com
Dates of Service: September 2018 – Present
LORI BERKES-NELSON
Foundation Director
Rockford Park District
401 South Main Street
Rockford, IL 61101
815-987-1675
loriberkesnelson@rockfordparkdistrict.org
Dates of Service: June 2015 – June 2016
DANA BAIRD
Director, Communications & Media Relations
City of Frisco
6101 Frisco Square Blvd.
Frisco, TX 75034
972-292-5080
dbaird@friscotexas.gov
Dates of Service: May 2017 – Present
CITY OF CLEARWATER RFP 50-21 43
Cost of Consulting Services
PHASE I: ASSET DATABASE DEVELOPMENT AND VALUATION
• $60,000 project fee
• All pre-approved travel reimbursed at cost
OPTIONAL PHASE II: STRATEGIC SALES CAMPAIGN DEVELOPMENT
OPTION 1
• $5,500/month retainer plus 20% commission on all sales
• All pre-approved travel reimbursed at cost OPTION 2
• $7,500/month retainer plus 15% commission on all sales
• All pre-approved travel reimbursed at cost
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Asset Inventory, Valuation & Naming Rights Services 23 RFP #50-21
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
X
X
1
The Superlative Group 08/31/2021
VENDOR INFORMATION
Asset Inventory, Valuation & Naming Rights Services 24 RFP #50-21
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Provide supporting documentation for your certification, if applicable.
The Superlative Group
2843 Franklin Blvd.
Cleveland OH 44113
N/A
www.superlativegroup.com
216-592-9400
info@superlativegroup.com
927981894
Claire Reddy
216-592-9400 reddy@superlativegroup.com
N/A
Pat Nieser
nieser@superlativegroup.com
N/A
216-592-9400
January 29, 2020
2843 Franklin Blvd.
Cleveland, OH 44113
2843 Franklin Blvd. Cleveland, OH 44113 | Phone: 216.592.9400 | info@superlativegroup.com | www.superlativegroup.com
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 #50-21
Asset Inventory, Valuation, and Naming Rights Services
August 23, 2021
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 29, 2021 to provide Asset Inventory, Valuation and Naming Rights Services.
Brief Description: The City of Clearwater is soliciting proposals from qualified companies and/or consultants to provide professional services related to asset inventory, valuation, and naming rights for Coachman Park.
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:
Valerie Craig, CPPB Sr. Procurement Analyst
Valerie.Craig@myclearwater.com
INSTRUCTIONS
Asset Inventory, Valuation & Naming Rights Services 2 RFP #50-21
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact
listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the
discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and
clarifications prior to submitting their 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
Date and Time: n/a
Location: n/a
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 yoursel f 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: September 29, 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 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 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
INSTRUCTIONS
Asset Inventory, Valuation & Naming Rights Services 3 RFP #50-21
acceptable); certificate of deposit or any other form of d eposit 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 any, will be returned to Contractor upon the expiration or termination of
the contract.
i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our
bids website at https://www.myclearwater.com/business/rfp.
Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be
accepted. Use label at the end of this solicitation package.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or
PO Box 4748, Clearwater FL 33758-4748 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.7 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.8 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.9 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.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand
the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must
immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the 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
Asset Inventory, Valuation & Naming Rights Services 4 RFP #50-21
i.11 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.12 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.13 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.14 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.15 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.16 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
INSTRUCTIONS
Asset Inventory, Valuation & Naming Rights Services 5 RFP #50-21
the official solicitation document.
i.17 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.18 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 o f ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract.
i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures 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
Asset Inventory, Valuation & Naming Rights Services 6 RFP #50-21
i.21 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.22 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 Points
Demonstrated Experience for Consultant and Project Personnel: (Tab 2) 30
Project Methodology, Approach and Timeline: (Tab 3) 30
References: (Tab 4) 30
Cost of Services: (Tab 5) 10
i.23 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 Consultants.
i.24 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.
i.25 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
Asset Inventory, Valuation & Naming Rights Services 7 RFP #50-21
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.26 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.27 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.28 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.29 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 08/23/2021 Advertise Tampa Bay Times: 08/25/2021 Responses due: 09/29/2021
Review proposals: 09/29/2021-10/6/2021
Presentations (if requested): 10/20/21
Award recommendation: 10/20/21 Contract begins: November 2021
TERMS AND CONDITIONS
Asset Inventory, Valuation & Naming Rights Services 8 RFP #50-21
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract,
agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system,
paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or
workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages
or other employment benefits against the City, Contractor will defend, indemnify and hold
harmless the City from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits,
rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials
or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its
own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs,
procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified
TERMS AND CONDITIONS
Asset Inventory, Valuation & Naming Rights Services 9 RFP #50-21
in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the
course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of
this Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
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.
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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.
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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
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current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in def ault 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 Ag reement 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.
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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
TERMS AND CONDITIONS
Asset Inventory, Valuation & Naming Rights Services 14 RFP #50-21
warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City’s reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
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
TERMS AND CONDITIONS
Asset Inventory, Valuation & Naming Rights Services 15 RFP #50-21
judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written
to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of
the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus
such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area
Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the
approval of Contractor. Any such usage by other entities must be in accordance with the
statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective
government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Procurement Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited
in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida.
The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Pinellas County, Florida.
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.
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S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
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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
118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach
was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the
Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well
as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium.
Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin
Tale 2”, both filmed here in Clearwater.
2. INTENT. The City of Clearwater is soliciting proposals from qualified companies and/or
consultants to provide professional services related to asset inventory, valuation, and the naming
rights for Coachman Park. The City seeks a company to identify one (1) regionally based
corporation that can create a successful partnership that enhances the company’s community
marketing efforts and image while offering the City of Clearwater revenue to continue to attract
and develop new business.
3. BACKGROUND. Coachman Park is located at 301 Drew Street in sparkling Downtown
Clearwater behind the City’s Main Library, accessible from Drew Street or via Cleveland Street.
This waterfront, open-air venue provides a magnificent backdrop for concerts, festivals, and
exhibitions throughout the year. Currently Coachman Park is undergoing redevelopment, adding
a $15-million, 4,000-seat covered amphitheater. When completed, the park will have a garden,
playground, greenspace, trail, and gateway plaza, in addition to the amphitheater. Completion of
the park project, which is part of the city’s $85 million Imagine Clearwater Master Plan, is slated for the fall of 2023.
The park is currently managed by the City’s Parks & Recreation Department and maintained by
both Parks & Recreation as well as the City’s Building and Maintenance Division. The City
intends to create a park governance structure to operate Coachman Park upon the completion of
the City’s Imagine Clearwater project.
Additional information on Coachman Park and the City’s Imagine Clearwater project can be found
at the following web links:
➢ Coachman Park: https://www.myclearwaterparks.com/facilities/facilities -amenities-
locator/coachman-park
➢ Imagine Clearwater Project: https://www.myclearwater.com/residents/imagine-clearwater-
new
4. SCOPE OF SERVICES. The awarded company/consultant (Consultant) is expected to
collaborate with City staff toward the following goals:
4.1 ASSET INVENTORY AND VALUATION.
Consultant will perform an asset inventory and valuation of all assets that Coachman Park has to
generate revenue, resulting in a master inventory list delivered to City staff detailing such.
i. The master inventory list shall include all the components that can be leveraged
for sponsorships (excluding advertisements) and estimate the fair market
valuation of those components, identifying the valuation methodology used. This
work is the first phase of the City’s long-term sponsorship strategy which may
require an assessment and valuation for other applicable assets in the future.
ii. The successful Consultant will conduct interviews with key internal stakeholders,
visit properties, review relevant marketing materials, and conduct appropriate
external research to inform the valuation study.
DETAILED SPECIFICATIONS
Asset Inventory, Valuation & Naming Rights Services 18 RFP #50-21
4.2 NAMING RIGHTS AND SALES.
Consultant will assist the with naming rights services for Coachman Park; including but not limited
to:
i. Gauge community sentiment on the eventual partnerships between the City and
external parties (e.g. corporations, foundations, private sponsors, etc.).
ii. Advise on the type of naming rights policies that should be in place or revised.
The successful Consultant will be required to review all relevant naming rights
policies, as well as other applicable reports and documents, from other similar
municipalities and compare against the City’s practices.
iii. Conduct interviews with key internal stakeholders to understand current
practices, challenges and opportunities. Furthermore, the selected successful
Consultant shall review all relevant guidelines, policies and bylaws (i.e.
sponsorship policies, and sign bylaw) that could be amended for city -wide
alignment related to sponsorship activities. The outcome of this review should
indicate the need for a specific type of sponsorship policy or for a revision to an
existing policy.
iv. Develop the criteria to identify all marketable components (i.e. programs and
facilities) associated with those assets and determine the type of sponsorships
that can be leveraged, such as naming rights. As part of this exercise, explain
why some components are not applicable for sponsorships and/or naming rights.
v. Provide the City with realistic revenue projections and return on investment
based on various sponsorship/agreement terms (e.g. 5, 10, 15, 20 years).
Suggest how the City can maximize the market value of these assets or potential
revenues via targeted sponsorships and bundling.
vi. Naming the Park with a name chosen by the sponsor, subject to final approval by
the City of Clearwater.
vii. Compile a list of viable potential naming rights partners with sample deliverables
that would be a part of the potential naming rights deal along with the plan for
how to maintain the agreement requirements.
viii. Provide a plan for client management and how the relationship between the
consultant, sponsor, and City will look during negotiations, contract signing, and
after the agreement has begun to develop relational capital critical to the success
of the sponsorship.
ix. Work closely with the City of Clearwater to provide name, logos, and any other
marketing support in the form of media, promotions, and community projects.
x. Offer and describe promotional advertising opportunities.
xi. State the objectives and strategy, if any, to introduce, build, and increase
awareness of the facility’s new name.
xii. Describe the strategy to ensure a complete and integrated use of the new name before the start of 2023.
xiii. Provide a pricing structure for the service of asset sales should the city so desire
to utilize said services.
xiv. Provide guidance and/or options to city staff regarding management of portfolio.
Exclusivity- Respondent shall define the entities that are within the Respondent's area of
business which it desires to preclude from having naming rights for areas within the park. The City intends to avoid the granting of naming rights for other areas within the park to entities which
are in the same area of business of the successful Respondent.
4.3 ADDITIONAL SERVICES. The City reserves the right to utilize the Consultant, when deemed
necessary, to provide additional assistance/services related to asset inventory, valuation and
naming right services as needed in the future under this award.
DETAILED SPECIFICATIONS
Asset Inventory, Valuation & Naming Rights Services 19 RFP #50-21
5. MINIMUM QUALIFICATIONS. Respondents should have a minimum of five (5) years of direct related experience, preferably in a municipal setting. Additionally, respondents must have
completed at minimum one (1) project of similar scope.
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, adver tising
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 is 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 combinat ion 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
DETAILED SPECIFICATIONS
Asset Inventory, Valuation & Naming Rights Services 20 RFP #50-21
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 #50-21
P.O. Box 4748 Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage.
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the Ci ty 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
Asset Inventory, Valuation & Naming Rights Services 21 RFP #50-21
1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. November 2021 – May 2022
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
3. PRICES. All pricing shall be firm for the term of the contract.
RESPONSE ELEMENTS
Asset Inventory, Valuation & Naming Rights Services 22 RFP #50-21
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, Consultant must submit one (1) signed original (identified as ORIGINAL) response, four (4) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at
the end of this solicitation. If submitting 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. A brief letter of transmittal should be submitted that includes the
following information: a. The proposer’s understanding of the work to be performed.
b. A positive commitment to perform the service within the time period specified.
c. 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 Company and Project Personnel. a. Identify the project managers(s) and individuals who will work as part of the engagement. Include resumes for each person to be assigned.
b. Describe the direct experience in conducting similar services for each of the individuals assigned to the engagement including their education. c. Describe the organization of the project team, detailing the level of involvement, field of
expertise and estimated hours for each member of the team. d. Describe what support, if any, you anticipate for this project from the City of Clearwater.
TAB 3 - Project Methodology, Approach and Timeline. a. Describe your approach to performing the contracted work including all tasks, deliverables and staffing.
b. Provide a detailed timeline for the services requested in this RFP.
TAB 4 – References. A minimum of three (3) references, preferably from other public entities in
similar size to the City of Clearwater, within the past five (5) years, for whom the proposer has provided similar services. Of the references provided, one (1) must include a project of similar scope. Each reference must include the name of the entity, date of services,
position(s), address, contact person, telephone number, and email address.
TAB 5 - Cost of Consulting Services. The cost portion of the proposal should include the
following elements: a. Show fee as a lump sum amount and include all direct and related expenses (travel, per diem, reproduction, etc.). b. Include a breakdown of tasks, hours, classification, and direct expenses.
TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form
b. Vendor Information f orm c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required
e. E-Verify Eligibility form f. Copies of licenses and/or certifications if requested g. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
Asset Inventory, Valuation & Naming Rights Services 23 RFP #50-21
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
Asset Inventory, Valuation & Naming Rights Services 24 RFP #50-21
Company Legal/Corporate Name: Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency:
Provide supporting documentation for your certification, if applicable.
VENDOR CERTIFICATION OF PROPOSAL
Asset Inventory, Valuation & Naming Rights Services 25 RFP #50-21
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
Asset Inventory, Valuation & Naming Rights Services 26 RFP #50-21
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 identificatio n, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
SCRUTINIZED COMPANIES FORMS
Asset Inventory, Valuation & Naming Rights Services 27 RFP #50-21
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL.
FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel
List, or engaged in a boycott of Israel.
______________________________________
Authorized Signature
______________________________________
Printed Name
______________________________________
Title ______________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________
(name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take
an oath. __________________________________________ Notary Public
__________________________________________ Printed Name
My Commission Expires: __________________ NOTARY SEAL ABOVE
E-VERIFY ELIGIBILITY FORM
Asset Inventory, Valuation & Naming Rights Services 28 RFP #50-21
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER
WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors
knowingly violated Florida Statutes 448.09(1) or 448.095(2)(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
Asset Inventory, Valuation & Naming Rights Services 29 RFP #50-21
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL
Submitted by: Company Name:
Address:
City, State, Zip:
RFP #50-21, Asset Inventory, Valuation and Naming Rights Services Due Date: September 29, 2021at 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 #50-21, Asset Inventory, Valuation and Naming Rights Services
Due Date: September 29, 2021at 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) CHARGE, LLC 2) Team Services, LLC
7163 Whitestown Pkwy., #207 1700 Rockville Pike, Suite 460
Zionsville, IN 46077 Rockville, MD 20852(317) 569-0300 (301) 770-5899
3) The Superlative Group 4) Victus Advisors LLC
2843 Franklin Blvd.2720 Homestead Road #130
Cleveland, OH 44113 Park City, UT 84098
(216) 592-9400 (435) 776-5728
ADVERTISED: TAMPA BAY TIMES 8/25/2021
POSTED:myclearwater.com 08/23-09/29/21
Due/Opening: September 29, 2021; 10:00 a.m.
REQUEST FOR PROPOSAL No. 50-21
ASSET INVENTORY, VALUATION AND NAMING RIGHTS SERVICES
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
1
The Superlative Group, Inc.
2843 Franklin Blvd.
Cleveland, OH 44113
Professional Services Agreement
This agreement (“Agreement”) is entered into on ________ (“Effective Date”) and sets forth the terms
and conditions between The Superlative Group, Inc. (“Superlative”), an Ohio Corporation located at 2843
Franklin Blvd. Cleveland, Ohio 44113 and The City of Clearwater, Florida (the “Client” or
“City”), located at Post Office Box 4748, Clearwater, FL 33758-4748 with respect to naming rights and
sponsorship valuation and sales services to be provided by Superlative in connection with the marketable
opportunities associated with the Client’s marketable assets, including, without limitation, Coachman Park
(the “Assets”). A map of Coachman Park is set forth in Exhibit C, which is hereby incorporated into this
Agreement. Throughout this Agreement, Superlative and the Client shall be referred to individually as a
“Party” and collectively as “The Parties.” For purposes of this Agreement, reference to Client shall also
include its affiliate entities that will be entering into Sponsorship Agreements (defined in Section 2)
pursuant to this Agreement. The Parties have agreed as follows:
1. Services: During the Term (defined in Section 4), the Client hereby retains Superlative to serve
as the exclusive sponsorship and naming rights representative of the Client with respect to the valuation
and sale of sponsorship, naming rights, presenting sponsor, official sponsor, category partnership,
pouring rights, advertising, hospitality, or any other rights, benefits, or recognition, in whole or in part,
in connection with the Assets (“Services”). The scope of Services is further described in Exhibit A, which
is attached to and incorporated as part of this Agreement by reference. Superlative agrees to use its
diligent efforts, consistent with its own business judgment, in carrying out its obligations under this
Agreement.
2. Sponsor/Sponsorship Agreement: Each entity secured by Superlative that subsequently enters into
a “Sponsorship Agreement” (defined below) with the Client shall be referred to as a “Sponsor.” If any
entity, including any charitable corporate foundation related to any Sponsor, elects to make a contribution
in support of the Assets, then subject to the terms of the applicable Sponsorship Agreement, such entity
making the contribution shall also be deemed a Sponsor and the contribution shall be deemed
consideration in connection with the Assets. Those contracts or agreements, including renewals,
extensions and modifications thereof, by which any party enters to receive sponsorship, naming rights,
presenting sponsor, official sponsor, category partnership, pouring rights, advertising, hospitality, or any
other rights, benefits, or recognition, in whole or in part, in connection with the Assets are herein referred
to as “Sponsorship Agreements.”
2
3. Authority to Bind: Superlative agrees that Superlative shall not have any right to bind or commit
the Client in any way. Any arrangement or understanding binding the Client, or by which any Sponsor
obtains any rights or benefits in connection with the Assets and the Client, shall be set forth in a written
agreement approved by the Client and executed by the Client and the Sponsor involved. The Client shall
provide Superlative with a copy of this agreement and any modification or renewal thereof effected at
any time.
4. Term: The “Phase I Term” of this Agreement shall commence on the Effective Date and expire
upon Superlative’s delivery of the Valuation Report. The “Phase II Term” of this Agreement, if triggered,
shall commence upon the Client delivering Superlative a written notice to proceed to Phase II sales
services, as set forth in Section 6 of this Agreement, and shall continue for eighteen (18) months, unless
extended in accordance with this Agreement. The Parties further agree, however, that the Parties shall
have the right through written, mutual agreement, no later than sixty (60) days before the expiration of
the Phase II Term, to renew and extend the Phase II Term hereof for successive twelve (12) month periods
(“Extended Term”). Individually or jointly, the Phase I Term and the Phase II Term may be referred to
herein as the “Term.”
5. Consideration:
5.1. As consideration to Superlative for the Services of Superlative as described herein, the Client
agrees to pay to Superlative as follows:
(a) Phase I Asset Valuation Services: a professional services fee in the amount of Sixty
Thousand USD ($60,000) (“Professional Services Fee”). The Professional Services Fee
shall be paid in two installments. The first installment shall be paid to Superlative in
the amount of Thirty Thousand USD ($30,000) upon completion of a site visit by
Superlative and Superlative’s delivery of the information request. The second
installment shall be paid to Superlative in the amount of Thirty Thousand USD
($30,000) upon delivery by Superlative of the first draft of the valuation report in
relation to the Assets (the “Valuation Report”); and
(b) Phase II Naming Rights and Sponsorship Sales Services. In the event Client provides
Superlative with a written notice to proceed to Phase II sales services (in accordance
with Section 6), Client shall also, in its written notice to proceed, choose one of the
payment options listed in Sections 5.1(b)(i) or 5.1(b)(ii) that it desires for Phase II sales
services and such payment option shall constitute the payment terms for the Phase II
sales services.
(i) Option 1
1. Five Thousand Five Hundred USD ($5,500) per month for the Phase II Term
(“Retainer”) to be payable within the first five (5) days of each month
immediately following Superlative’s receipt of the notice to proceed as outlined
in Section 6 below; and
2. Twenty Percent (20%) commission on Sponsorship Income
3
OR
(ii) Option 2
1. Seven Thousand Five Hundred USD ($7,500) per month for the Phase II Term
(“Retainer”) to be payable within the first five (5) days of each month
immediately following Superlative’s receipt of the notice to proceed as outlined
in Section 6 below; and
2. Fifteen Percent (15%) commission on Sponsorship Income
5.2. Client shall reimburse Superlative for all pre-approved travel and expenses at cost.
5.3. Any and all consideration, as stated in this Section 5, owed to Superlative pursuant to this
Agreement that is derived from Sponsorship Income, and Client’s obligation pay such
consideration, shall survive the termination or expiration of this Agreement. Client’s obligation
to pay any Professional Services Fee and Retainer payments shall also survive the termination or
expiration of this Agreement, in the event that such payments have not been paid upon the
termination or expiration of this Agreement.
6. Completion of Phase I/Valuation and Initiation of Phase II/Sales Services: Superlative shall use
commercially reasonable efforts to deliver the final draft of the Valuation Report to the Client within four
(4) months of the Effective Date, unless otherwise agreed to by the Parties. The delivery of the final draft
of the Valuation Report shall not be unreasonably conditioned or delayed by Client. In the event that the
Client unreasonably conditions or delays the delivery of the Valuation Report, the delivery period, as set
forth in this Section 6, shall be extended for the period of time in which the final draft was conditioned or
delayed by the Client. Client shall have no obligation to proceed with Phase II sales services in connection
with the Assets. In the event Client decides to proceed with Phase II sales services in connection with the
Assets, it shall provide Superlative with a written notice to proceed, which notice is to occur upon a date
to be mutually agreed upon by the Parties after the delivery of the final draft of the Valuation Report.
Upon receipt of such notice to proceed, Superlative shall initiate the Phase II sales services in connection
with the Assets.
7. Sponsorship Income:
7.1. As used herein, “Sponsorship Income” shall mean all amounts paid or payable by or on behalf of
any entity as consideration for the right to receive any sponsorship, naming rights, presenting
sponsor, official sponsor, category partnership, pouring rights, advertising, hospitality, or any
other rights, benefits, or recognition, in whole or in part, in connection with the Client and the
Assets, regardless of whether such amounts are paid during the Term hereof or during any period
following the last day of the Term, pursuant to:
(a) Any Sponsorship Agreement which is executed with a Sponsor during the Term of this
Agreement;
4
(b) Any Sponsorship Agreement which is executed within twelve (12) months following
the expiration or termination of the Term hereof with any entity that was previously
solicited by Superlative to become a Sponsor and with which Superlative had
conducted good-faith discussions concerning the possibility of such entity becoming a
Sponsor; and
(c) Any renewal, extension or modification of any such contract or agreement, as described
in sections 7.1(a) and 7.1(b) immediately above.
7.2. If any entity set forth in Section 7.1 shall provide the Client with any “in-kind” consideration (for
example, products, services, advertising commitments, etc.), then such in-kind consideration shall
be considered “Sponsorship Income” and shall be commissionable to Superlative at the rate
described in Section 5 above. In-kind consideration shall be valued at the valuation set forth in
the relevant Sponsorship Agreement, or if there is no such valuation, at the fair market value
thereof.
8. Collection of Sponsorship Income: The Client shall be solely responsible for and shall directly
collect all Sponsorship Income. Client will remit any commission owed on Sponsorship Income to
Superlative within thirty (30) days of receipt of Sponsorship Income. Any payments shall be made by
check payable to “The Superlative Group, Inc.” at the address set forth herein. At the time of payment to
Superlative, the Client shall supply Superlative with a statement showing the identity of the entity that
made payment, the amount paid, the date of receipt, and the calculation of commission payable to
Superlative.
9. Exclusivity: Superlative shall serve as the exclusive naming rights and sponsorship valuation and
sales agent of the Client to value and sell sponsorship, naming rights, presenting sponsor, official sponsor,
category partnership, pouring rights, advertising, hospitality, or any other rights, benefits, or recognition,
in whole or in part, in connection with the Assets during the Term of this Agreement.
10. Progress Meetings: Representatives of Superlative will make themselves available to meet with
senior Client executives on a periodic basis to assess the progress of the Services, and at such time
Superlative will provide the Client with Superlative’s opinions and recommendations for obtaining a
successful outcome for the naming rights and sponsorship sales.
11. Record Keeping: Each Party agrees that it will keep accurate and complete records and books of
accounts showing all income it receives relating to this Agreement. Each Party or its representatives shall
have the right at all reasonable times (prior to the expiration of two (2) years after the end of the Term) to
inspect and make copies of the books and records of the other Party so far as such books and records shall
relate to the computation of amounts to be paid to Superlative and the Client hereunder.
12. Partnership/Joint Venture: This Agreement does not constitute and shall not be construed as
constituting a partnership or joint venture between the Client and Superlative. Neither Party shall have
any right to obligate or bind the other Party in any manner whatsoever, and nothing herein contained shall
give or is intended to give any rights of any kind to any third person.
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13. Ownership of Proprietary Information: This Agreement does not constitute and shall not be
construed as constituting the transfer or assignment of any proprietary information from Superlative to the
Client. Superlative shall retain the ownership rights to all proprietary information that it owned (in whole
or in part) prior to entering into this Agreement, including, but not limited to, trade secrets, technology,
formulas, calculations, algorithms, or information pertaining to business operations and strategies, and
information pertaining to customers and pricing.
14. Intellectual Property Rights. This Agreement does not constitute and shall not be construed as
constituting the transfer or assignment of any intellectual property between the Parties, unless set forth
otherwise in this Agreement. The Parties shall retain ownership right, title, and interest to all intellectual
property that they owned (in whole or in part) prior to entering into this Agreement, including, but not
limited to, copyrights, patents, trademarks, and service marks.
15. Client Indemnification: The Client shall indemnify, save and hold harmless Superlative, its
affiliates, their respective officers, directors, employees, shareholders, and any of them, from and against
any and all expenses, damages, claims, suits, actions, judgments, and liabilities (“Claims”) arising out of,
or in any way connected with, (a) the negligent act or omission or willful misconduct of the Client and its
employees relating to this Agreement, (b) the negligent or unlawful use of the Asset by, or activities of,
the Client and its employees, related to or connected with Client, or (c) breach by the Client of any
representation or warranty of the Client herein set forth. In the event that Claims arise from the concurrent
negligence of Client and Superlative, the duty to indemnify shall be limited to the extent of the negligence
of Client and its employees. Notwithstanding the foregoing, this Section 15 shall not apply to any claims,
suits, actions, judgments, liabilities, and any costs, expenses, and damages resulting therefrom, between
the Parties. Furthermore, this Section 15 shall survive the termination or expiration of this Agreement.
Nothing contained herein is intended to serve as a waiver by Client of its sovereign immunity, to extend
the liability of Client beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as
consent by Client to the sued by third parties.
16. Superlative Indemnification: Superlative shall defend, indemnify, save and hold harmless the
Client, its affiliates, their respective officers, directors, employees, shareholders, representatives, contractors
and agents, and any of them, from and against any and all expenses, damages, claims, suits, actions,
judgments, liabilities and costs whatsoever (including attorneys’ fees and expenses of attorneys retained by
Superlative) (“Claims”) arising out of, or in any way connected with, (a) the negligent act or omission or
willful misconduct of Superlative, its employees, agents, representatives and contractors relating to this
Agreement, (b) the negligent or unlawful use of the Asset by, or activities of, Superlative, its employees,
agents or contractors, related to or connected with the Superlative, or (c) breach by Superlative of any
representation or warranty of Superlative herein set forth. In the event that Claims arise from the concurrent
negligence of Superlative and Client, the duty to indemnify shall be limited to the extent of the negligence
of Superlative, its employees, agents, representatives and contractors. Notwithstanding the foregoing, this
Section 16 shall not apply to any claims, suits, actions, judgments, liabilities, and any costs, expenses, and
damages resulting therefrom, between the Parties. Furthermore, this Section 16 shall survive the termination
or expiration of this Agreement.
17. Force Majeure: If either Party is delayed, prevented, prohibited, or materially impaired from
performing any of its obligations under this Agreement (other than a payment obligation hereunder) as a
result of a force majeure event, including, but not limited to, acts of God, adverse weather conditions, natural
6
catastrophe, labor disputes, strikes, war, insurrection, terrorist action, government restrictions, civil
commotion, riots, fire, flood, pandemics, epidemics, public health crisis or emergency, or other cause
beyond the Parties’ reasonable control, then such Party’s failure to perform such obligation shall not
constitute a breach of this Agreement and such Party and shall be excused from performance of such
obligation for a period of time equal to the period during which the force majeure event delays, prevents,
prohibits, or materially impairs such performance. Notwithstanding the foregoing, a force majeure event
does not include any changes in general economic conditions such as inflation, interest rates, economic
downturn or other factors of general application; or an occurrence that merely makes performance more
difficult or expensive.
18. Damages: Except in regard to Sections 15 and 16 of this Agreement, under no circumstance shall
Superlative or the Client be liable to the other Party or any other person or entity for special, incidental,
consequential or indirect damages, loss of good will, or exemplary or punitive damages. In addition, and
without prejudice to the foregoing, Superlative’s total liability to the Client shall not exceed the total sums
paid by the Client under this Agreement in respect of the Services, and Client’s total liability to Superlative
shall not exceed the total sums payable to Superlative under this Agreement.
19. Transfer/Assignment: Neither Party shall assign or otherwise transfer this Agreement, nor any
rights or obligations hereunder, except upon receipt of the prior express written approval of the other Party
hereto.
20. Governing Law and Venue: This Agreement shall be governed and construed according to the laws
of the State of Florida without regard to conflict of laws. Any action brought by either Party shall lie in
Pinellas County Florida.
21. Construction: Superlative and the Client hereby acknowledge that both Parties participated equally
in the negotiation of this Agreement and that, accordingly, in interpreting this Agreement, no weight shall
be placed upon which Party hereto or its counsel drafted the provision being interpreted.
22. Severability: The provisions of this Agreement are divisible. If any such provision shall be
deemed invalid or unenforceable, such provision shall be limited to the extent necessary to render it valid
and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect,
without being impaired or invalidated in any way.
23. Survival: Provisions of this Agreement, which by their nature should apply beyond their terms, will
remain in force after any termination or expiration of this Agreement including, but not limited to, this
Section 23 and the following provisions: Section 5.3, Section 8, Section 11, Section 13, Section 14, Section
15, Section 16, Section 18, Section 20, Section 21, Section 22, Section 25, Section 26, and Section 28.
24. Reserved.
25. Waiver: No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege
arising from this Agreement operates or may be construed as a waiver thereof or any other right, remedy,
power, or privilege. No single or partial exercise of any right, remedy, power, or privilege hereunder
precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or
privilege.
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26. Entire Agreement: This Agreement, including all exhibits, schedules, and any documents or
instruments incorporated herein by reference constitutes the sole and entire agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings,
agreements, negotiations, representations and warranties, and communications, both written and oral,
between the Parties with respect to the subject matter hereof.
27. Amendment: This Agreement may be amended from time to time only upon a written agreement
between the Parties.
28. Counterparts. This Agreement may be executed in two (2) or more counterparts (including, without
limitation, by means of an electronic or facsimile signature), each of which shall be deemed an original, but
all of which, when together constitute one and the same instrument.
29. Public Records: Superlative (hereinafter “contractor” in this section 29 only) will be required to
comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically
to:
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.
Contractor shall comply with the following:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”)
to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may
be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public 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
8
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.
30. E-Verify: Superlative and its subcontractors shall register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. Superlative 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 Superlative with an affidavit stating that subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. Superlative shall maintain a copy of such affidavit.
Client may terminate this contract for any violation of this subsection (g). See Section 448.095, Florida
Statutes (2020).
31. Termination. 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 either Party’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 illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement.
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.
32. Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached
hereto.
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If the foregoing is satisfactory, please indicate your agreement by signing at the place provided below.
Sincerely, Read and Agreed:
The Superlative Group, Inc.
By ______________________
Date: ____________________
Kyle Canter
Chief Operating Officer
2843 Franklin Blvd.
Cleveland, OH 44113
Countersigned: CITY OF CLEARWATER
___________________________ ______________________________
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form: Attest:
___________________________ ______________________________
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
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EXHIBIT A
SCOPE OF SERVICES
Project Methodology, Approach & Timeline
PHASE I: ASSET INVENTORY & VALUATION
During Phase I, our team of Valuation specialists identify and value all of the assets that the City of
Clearwater’s Coachman Park (“Coachman Park”) has available to generate revenue. Our Valuation process
includes five key components:
1) Quantitative Analysis;
2) Qualitative Analysis;
3) Contract & Policy Analysis;
4) Industry Benchmarking; and
5) Prospect Identification.
Each component is briefly summarized in the following pages.
QUANTITATIVE ANALYSIS
Quantitative Benefits reflect the ability to effectively measure the return on investment that Coachman Park
partners can expect to receive. These include the direct, or tangible, benefits available to the partner.
Quantitative Benefits typically form a significant portion of fair market value because each item is
quantifiable and guaranteed to the partner.
Quantitative Benefits are separated into several categories including:
• Property Media Buys;
• Signage Benefits;
• Print Marketing Collateral;
• Social and Digital Media Exposure; and
• Display Opportunities.
The first step in identifying quantitative value is by studying real-world media value in the marketplace.
This involves understanding the total number of possible impressions available through each asset that
reaches the target audience. We identify television, signage, print, digital and social media exposure and
then scale impressions for each asset from "valued impressions" to "waste impressions," adjusting the
media value accordingly. Standard discount rates range between 10 and 75 percent depending on the
type and quality of exposure.
Quality of exposure is determined by:
• How prevalent the partner’s ID (Name) is through the exposure period; and
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• The impact of its placement with its intended audience.
Our specialists then use pre-impression, or rate-card, values to assign a price or value to each benefit
identified. CPMs used for this purpose are culled from local, regional and national advertising rates
depending on the scope of the opportunity. Typical CPMs can range from $2.50 for online exposure to
$15 for large format out-of-home digital signage. They also represent the most accurate metric by which
to determine exposure value for any particular Naming Rights or sponsorship asset.
Our quantitative analysis also includes an assessment of the value of engaging the target audience and
the quality of exposure received. Understanding the value of each impression with respect to a specific
demographic or target audience is an important component. For example, a target student demographic
of 18- to 21-year-old females may be considered a "premium audience" by one partner, while another
may be trying to reach 35- to 54-year-old males. Our valuation is adjusted accordingly for each
opportunity and asset.
The final aspect of our quantitative assessment is identifying the costs of engaging the target audience
and achieving high-quality exposure. This includes an assessment of the cost of delivery (to the partner)
and may include direct costs (installing a hard sign), overhead costs (maintaining a media platform) or
development costs.
QUALITATIVE ANALYSIS
Qualitative Benefits, or intangible benefits, enhance the value of Naming Rights and sponsorships and
typically fall outside traditional media platforms making them difficult to quantify. Superlative classifies
Qualitative Benefits into five distinct categories based on its extensive experience selling, negotiating
and auditing Naming Rights and corporate sponsorships:
• Prestige of Property;
• Value of Audience;
• Opportunity to Activate;
• Partner Protection; and
• Geographic Reach.
Functionally, Qualitative Benefits represent the premium value Naming Rights and sponsorships
demand over alternative marketing investments. By simplifying intangible benefits into the above five
categories, Superlative is able to effectively justify premium Naming Rights and sponsorship value by
focusing on the qualitative aspects of an opportunity that align with the objectives of a corporate
marketer.
CONTRACT & POLICY ANALYSIS
As part of its analysis, Superlative conducts a thorough contract review prior to completing every Phase
I report. The goal of this process is to establish a list of any limitations, processes or existing policies
that affect a contract. Then Superlative develops a strategy to minimize the effects of those limitations
and maximize all of the identified opportunities through a logical priority assessment.
Not only are prices, fulfillment obligations and relative value for each party reviewed, but also values
against similar contracts with other entities. The value of Naming Rights and sponsorships to Coachman
Park will be inhibited by any pre-existing contracts relating to Naming Rights and corporate
sponsorships. A thorough understanding of Coachman Park’s existing advertising contracts will assess
the impact that existing agreements place on new Naming Rights and sponsorship agreements.
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The project team spends time early in the project reviewing all relevant statutes, signage regulations and
rules to ensure that Coachman Park marketing opportunities, within context of established guidelines,
are understood. Superlative remains in close contact with Coachman Park’s legal and executive teams
to ensure that the asset database is being developed in a manner that is consistent with Coachman Park’s
existing policy regarding assets for marketing purposes.
INDUSTRY BENCHMARKING
Superlative maintains an extensive database of Naming Rights and sponsorship agreements that is
continuously updated and includes, but is not limited to, Naming Rights and sponsorship contracts from
theaters, arenas, park districts, municipalities, convention centers, stadia, transit agencies, Departments
of Transportations, universities and nonprofit organizations. Once our Valuation specialists have
developed the asset database and determined the Naming Rights and corporate sponsorship value for
each opportunity and asset, a list of similar sponsorship contracts, including their terms, associated fees
and other pertinent details, is compiled for each asset. The goal of this process is to identify not only the
fair market value of each Naming Rights and sponsorship opportunity, but also the minimum (floor) and
maximum (ceiling) revenue garnered in the marketplace by similar organizations. Each Naming Rights
and sponsorship asset is presented in this manner in our final Phase I report.
PROSPECT IDENTIFICATION
As a final step, Superlative draws upon its extensive background in Naming Rights and sponsorship
sales and its proprietary database to outline prospective partners for each marketable opportunity. This
database includes both category identification and major corporate partners within each category. In our
experience, optimum revenue generation is attained when there is a comprehensive understanding of:
• The inventory available; and
• How that inventory aligns with the needs of potential partners.
Superlative’s experience in identifying and documenting marketing rights, combined with our
knowledge of (and relationships with) large corporations, will give Coachman Park the tools to ensure
the maximum revenues are leveraged out of every corporate partnership.
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OPTIONAL PHASE II: STRATEGIC SALES CAMPAIGN
DEVELOPMENT
Superlative’s main priority is to generate maximum revenue for our clients. Upon completion of Phase
I, Superlative recommends immediately moving forward with a strategic sales campaign, beginning
with the client’s most valuable opportunities. Prioritizing assets in this manner ensures optimum revenue
generation by taking the largest asks to market first. To ensure that coverage is comprehensive,
Superlative uses a systematic approach to contact marketing partners.
PROSPECTING
• Collaborate closely with Coachman Park’s leadership and development teams on
recommendations they may have;
• Exhaust Superlative’s contact database of thousands of corporate contacts, which is continually
updated;
• Identify and research prospective corporations through various subscribed databases to match
the marketing needs of corporations with the logical and most valuable marketing assets of
Coachman Park;
• Promote sales campaign with a description of Coachman Park’s initiatives through a myriad of
resources;
• Create presentation material that will provide specific information for potential investments
and/or partnerships with Coachman Park as part of the Naming Rights or sponsorship program,
including:
o Market/Demographic data;
o Measured media value;
o Value justification for unmeasured media;
o Sponsorship benefits and options;
o Options for renewal; and
o Financial investment.
NEGOTIATING AND COMPLETING AGREEMENTS
Superlative will assist in any way that is comfortable for Coachman Park. Superlative’s executives can
be the upfront negotiator or advise Coachman Park stakeholders, depending on your desire and needs.
PRESENT AGREEMENTS TO THE CITY AND THE MEDIA
Superlative is well versed in the appropriate procedures for announcements to local and national media
outlets. Superlative will work with Coachman Park to accurately present a negotiated Naming Rights
and sponsorships to the appropriate executives and media. It is important that Naming Rights and
sponsorships be communicated accurately, both financially and politically, while being cognizant of
objections and concerns.
CONTRACT FULFILLMENT
Superlative will work with Coachman Park to develop a system that accurately tracks the status of newly
developed Naming Rights and corporate sponsorships. Our experience shows that contract fulfillment
requires participation from development, legal and accounting functions to ensure high-quality partner
relationships.
MANAGE AND AUDIT ONGOING RIGHTS
Superlative establishes post-contract review mechanisms to ensure that all benefits owed to Coachman
Park are captured and that the organization is meeting its obligations under these contracts. Superlative
is a strong advocate of audits, especially when payments are performance based.
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ACTIVATION AND AUDIT (TERM OF AGREEMENT)
After delivery of a campaign agreement, the project team will assist Coachman Park in the activation
and compliance of each aspect of that agreement. Specifically, Superlative will:
• Finalize agreement terms and conditions;
• Assist Coachman Park with the first year of activation of each Naming Rights and/or
sponsorship;
• Assist in the development of payment schedules and compliance issues; and
• Provide other services as requested by Coachman Park.
PROGRESS REPORTS
Superlative understands that effective communication with the client is a critical part of successful
project delivery. As part of our standard reporting procedure, we use template reports to provide sales
updates:
• Following all meetings with target companies regarding any Naming Rights, corporate
sponsorship or revenue-potential opportunity;
• On a monthly basis, to provide Coachman Park an update on activity during the period.
We discuss these periodic sales update reports on a scheduled conference call.
Reports are prepared in a template and serve as a record of discussion during sales meetings and log the
following project details. Generally, our progress reports include the following information:
• Project timescales and sale priorities
• Status of progress of deliverables in Scope of Services
• Status of all activities, events and efforts
• Summary of meetings and presentations
• Summary of activity regarding market interest and feedback
• Summary of communications with potential partners
• Any deviations from project deliverables or schedule
• Plan of activities for next 30 days
The Superlative Group will agree to the format with Coachman Park’s project team as part of our project
initiation process.
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PROJECT TIMELINES
Superlative understands that every client situation in unique, and our sales and marketing process allows
for flexibility and customization depending on Coachman Park’s specific needs. For our engagement,
Superlative will complete the following steps:
PHASE I VALUATION (3-4 months, immediately following contract execution)
WEEKS 1 – 4
• KICKOFF MEETING AND SITE VISITS. Site visits are undertaken as soon as
possible to view the assets being valued and kick-start the asset research process. Our
valuation team will compile a digital inventory of images and renderings that will be
referenced during the valuation process and used in development of promotional
materials for the sales implementation process.
Concurrent with our site visit, Superlative requests a kickoff meeting at Coachman
Park’s offices to introduce our team in person, identify project leads and go over
timelines and responsibilities.
• GATHERING OF PRELIMINARY INFORMATION. Upon appointment as sales
agents on any new engagement, The Superlative Group carries out initial research to
review relevant documentation such as strategic plans, design briefs and project
renderings to gain an in-depth knowledge of the project and make an accelerated start
on our asset identification process.
Upon completion of our site visit, Superlative will send Coachman Park staff a detailed
Information Request that identifies the key pieces of information that we would like to
review as part of our valuation process and present our initial thoughts on the structure
of the final report. We will schedule a follow-up call to answer any questions pertaining
to our request to facilitate and expedite the information gathering process.
WEEKS 5 – 8
• RECEIPT AND REVIEW OF INITIAL INFORMATION. Superlative allows 2-3
weeks for receipt of the bulk of information requested of Coachman Park, although this
process will likely continue until the report is finalized, and potentially, throughout the
strategic sales process as Superlative obtains interest from potential partners. In most
cases, Superlative secures most of what it needs to begin building Coachman Park’s
asset database by Week 6.
• DEVELOPMENT OF ASSET DATABASE. Concurrently, Superlative’s valuation
specialists begin compiling Coachman Park’s assets and determining their quantitative
value based on local, regional and national media rates.
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• QUALITATIVE ASSESSMENT OF NAMING RIGHTS & SPONSORSHIP
ASSET VALUE. Our valuation team conducts original research to ascertain the
intangible value of Coachman Park’s Naming Rights and sponsorship opportunities
when compared to other, similar properties, using annual reports, press releases and
other relevant information provided by Coachman Park as well as Superlative’s
proprietary database of Naming Rights and sponsorship contracts.
WEEKS 9 – 12
• CONTRACT REVIEW. Once Superlative has determined the Naming Rights and
sponsorship value for Coachman Park assets, packages are compared to the existing
Coachman Park Naming Rights and sponsorship agreements. A database of potential
challenges and limitations that could potentially impact revenue generation is created,
from both external (e.g., signage restrictions) and internal (e.g., category restrictions
like tobacco or alcohol) processes.
• INDUSTRY BENCHMARKING AND PROSPECT IDENTIFICATION. Drawing
upon its proprietary database, Superlative builds a list of comparable Naming Rights
and sponsorship contracts relevant to each Coachman Park opportunity. This list is also
used to identify target partner entities along with input from the Superlative sales team.
• EXECUTIVE REVIEW. Superlative conducts an extensive internal review process
where senior leadership has an opportunity to weigh in on potential contract value and
overall program revenue potential, lending insight critical insight to the project and
ensuring that all potential revenue is accounted for.
• DELIVERY OF DRAFT PHASE I REPORT. Superlative allows 1-2 weeks for
review by Coachman Park staff, followed by a conference call with Superlative’s
valuation experts to walk through our findings together. Subsequently, any feedback is
incorporated and the document is finalized.
OPTIONAL PHASE II SALES (12 months, recommended minimum)
• DEVELOPMENT OF SALES MATERIALS. Superlative’s design team will begin
developing presentations, one-sheets and other sales materials using information
obtained through the Phase I Valuation process, including audience demographics,
proposed sponsorship value and images obtained through site visits and Coachman
Park.
• PIPELINE DEVELOPMENT. Superlative’s sales executives will work with
Coachman Park personnel to develop a database of sponsor contacts, to be reviewed
and agreed upon by Coachman Park staff prior to Superlative making its first call.
• MONTHLY REPORTING. Superlative’s sales executives will coordinate a regular
conference call with Coachman Park leadership to provide regular updates on progress
made to date. Additional calls may be requested on an ad hoc basis as sponsor interest
and pitch meetings are secured. Superlative will provide an updated sales report
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Coachman Park’s review prior to the call.
• NEGOTIATE AND COMPLETE NAMING RIGHTS & SPONSORSHIP
AGREEMENTS. As noted above, Superlative’s valuation process determines not only
the fair market value of each opportunity, but also the range of contract value obtained
by similar organizations from corporate sponsors. With Coachman Park’s approval,
Superlative will open negotiations at the ceiling of this range, or higher, and secure
partnerships within the parameters of contract value provided, beginning with
Coachman Park’s most valuable assets first.
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EXHIBIT B
INSURANCE REQUIREMENTS. SUPERLATIVE 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 SUPERLATIVE’S deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically, SUPERLATIVE 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. Statutory Workers’ Compensation Insurance coverage in accordance with the laws of
the State of Ohio, 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 Ohio. Coverage should include Voluntary Compensation. Coverage must be applicable
to employees, contractors, subcontractors, and volunteers, if any.
d. If SUPERLATIVE 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 SUPERLATIVE’S Equipment Insurance or Property Insurance on an “All
Risks” basis with replacement cost coverage for property and equipment in the care,
custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business engaged
in by SUPERLATIVE 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
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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,
SUPERLATIVE 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,
SUPERLATIVE 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
P.O. Box 4748
Clearwater, FL 33758-4748
b. SUPERLATIVE shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
c. SUPERLATIVE’S insurance as outlined above shall be primary and non-contributory
coverage for SUPERLATIVE’S negligence.
d. SUPERLATIVE reserves the right to appoint legal counsel to provide for
SUPERLATIVE’S defense, for any and all claims that may arise related to Agreement, or
work performed under this Agreement. SUPERLATIVE agrees that the City shall not be
liable to reimburse SUPERLATIVE for any legal fees or costs as a result of
SUPERLATIVE 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 SUPERLATIVE’S obligation to provide the insurance coverage
specified.
-20-
EXHIBIT C
MAP OF COACHMAN PARK
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\CoachmanPark_Imagine_8x11_Landscape.mxd
LOCATION MAP
Exhibit CCoachman Park MapPrepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1CRMMap Gen By:JHReviewed By:Date:2/18/2022 N.T.S.Scale:ÊLegend
Coachman Park Extent
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0127
Agenda Date: 3/3/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve Amendment No. 1 to Letter of Agreement and Contract with University of North Florida
Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management
(IPTM) High Visibility Enforcement (HVE) for a Pedestrian and Bicycle Safety Grant Award to
accept an additional grant award of $25,000 for police overtime and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On August 19, 2021, City Council granted approval of an Agreement with University of North
Florida Training and Service Institute (University) for phase 9 of the state HVE program to
continue its grant-funded pedestrian and bicycle safety project with Clearwater Police
Department (CPD).
CPD has conducted eight grant-funded comprehensive enforcement/education projects since
March 2014 aimed at changing the behavior of all who use Clearwater’s roadways -
pedestrians, bicyclists, and motorists. The 2021 Agreement provided funding for a ninth round
of funding for this very successful project which is currently underway.
The University extended an invitation to CPD to request an additional $25,000 in funding to
expand the current project. The University requested and received approval from the Florida
Department of Transportation to amend the agreement approved by Council on August 19,
2021, to reflect the additional allocation of $25,000, which increases the total contract amount
from $21,455.01 to $46,455.01.
The funds will be utilized by CPD to conduct additional HVE details at the intersections selected
and approved by the University based on crash data. The project period will end on or before
May 13, 2022.
There will be no direct adverse impact to the Police Department annual operating budget nor is
there a required match.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will reflect a budget increase of $25,000 in grant revenue in
special program G2110, Pedestrian/Bicycle Safety Grant 2022, to account for the additional
grant revenues and expenditures.
Page 1 City of Clearwater Printed on 3/7/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0145
Agenda Date: 3/3/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Authorize a purchase order to Odyssey Manufacturing Co. of Tampa, FL for the continuous
supply of Sodium Hydroxide and Sodium Bisulfite Aqueous Solution, in a cumulative annual
amount not-to-exceed $400,000.00, for the period of March 21, 2022 through March 20, 2023,
with the option of two, one-year renewals, pursuant to Invitation to Bid (ITB) 07-22, Sodium
Hydroxide and Sodium Bisulfite Aqueous Solution, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
Sodium Hydroxide (Caustic Soda) is used at two of the City’s Water Treatment Plants
(Reverse Osmosis Water Treatment Plant (RO1) and Reverse Osmosis Water Treatment
Plant (RO2)) for final pH adjustment and corrosion control to meet the requirements of the
Florida Department of Environmental Protection (FDEP) and Safe Drinking Water Act.
Sodium Bisulfite Aqueous Solution is used at the City’s three Wastewater Reclamation
Facilities (Marshall St., Northeast, East) to dechlorinate treated effluent prior to discharge to
surface waters and at the City’s RO1 plant for the treatment of drinking water to meet the
requirements of the FDEP.
In response to the City’s ITB #07-22, five submissions were received on January 27, 2022, with
Odyssey Manufacturing Co. representing the lowest, most responsive bidder at $2.95/gal for
Sodium Hydroxide (Caustic Soda) and $1.79/gal for Sodium Bisulfite. Harcros Chemicals, Inc.
bid included an exception to the PPI clause for future pricing indicating Harcros could not limit
the increase to this index for the future beyond the first year.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY22 are available in Public Utilities’ cost centers, cost code 551700 Bulk
Chemicals.
Funding for future fiscal years (FY23 through FY25) will be requested within contract calendar
and spending limits.
Page 1 City of Clearwater Printed on 3/7/2022
v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633
INVITATION TO BID #07-22 Sodium Hydroxide and Sodium Bisulfite Aqueous Solution
December 27, 2021 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, January 26, 2022 to provide Sodium Hydroxide and Sodium Bisulfite Aqueous Solution. Brief Description: The Public Utilities Department is seeking bids from qualified firms to supply the chemicals: 50% Sodium Hydroxide (Caustic Soda) and 38-40% Sodium Bisulfite on an as-needed basis. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted.
Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp
Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid.
General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst:
Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com
INSTRUCTIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 2 ITB #07-22
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 bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No
Date and Time: n/a Location: n/a
If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect
the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: January 26, 2022 Time: 10:00 A.M. (Local Time)
The City will open all bids properly and timely submitted and will record the names and other
information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the
Procurement Division.
i.5 BID FIRM TIME: 90 days from Opening
Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No
If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a
firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the
bidder selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in
any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to
INSTRUCTIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 3 ITB #07-22
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 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO:
It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package.
City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or
PO Box 4748, Clearwater FL 33758-4748
No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place
specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling
of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All
times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 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 bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk.
i.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 bid. Bidders are cautioned to verify their bids before submission,
INSTRUCTIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 4 ITB #07-22
as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions.
i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is
not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening.
No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal
after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the
City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or
otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such
preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment.
i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject
bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure
to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made
solely at the City’s discretion and made to favor the City. No binding contract will exist between
the bidder and the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder
may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document.
i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including
without limitation any documents and/or materials copyrighted by the bidder. The City’s right to
INSTRUCTIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 5 ITB #07-22
copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors.
To achieve the purpose of this Article, it is essential that Respondents and Contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation.
i.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. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division.
ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
SODIUM HYDROXIDE/ SODIUM BISULFITE 6 ITB #07-22
i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official.
i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request.
i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following
responsiveness and responsibility criteria to be considered further.
a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure
to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including
those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any
contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet
and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors.
The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.
c) Price. We will then evaluate the bids that have met the requirements above.
i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to
determine if the bid price is fair and reasonable.
i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an
acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately
authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order.
i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices.
i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 12/20/2022
Advertise Tampa Bay Times: 12/22/2022 Bids due: 1/26/2022
Review bids: 1/27/2022 – 2/3/2022 Award recommendation: 2/3/2022 Council authorization: 3/3/2022 Contract begins: March 2022
STANDARD TERMS AND CONDITIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 7 ITB #07-22
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
SODIUM HYDROXIDE/ SODIUM BISULFITE 8 ITB #07-22
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. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.
STANDARD TERMS AND CONDITIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 9 ITB #07-22
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the
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SODIUM HYDROXIDE/ SODIUM BISULFITE 10 ITB #07-22
contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
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
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including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
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.
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S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.
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
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SODIUM HYDROXIDE/ SODIUM BISULFITE 13 ITB #07-22
cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
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SODIUM HYDROXIDE/ SODIUM BISULFITE 14 ITB #07-22
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s Procurement Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.
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.
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SODIUM HYDROXIDE/ SODIUM BISULFITE 15 ITB #07-22
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. SCOPE OF WORK. The City of Clearwater’s Public Utilities Department seeks a qualified vendor to supply the chemicals, 50% Sodium Hydroxide (Caustic Soda) and 38-40% Sodium Bisulfite Aqueous Solution, according to the specifications listed below. Each chemical will be considered separately
for award.
3. 50% SODIUM HYDROXIDE (CAUSTIC SODA) A. SPECIFICATIONS i. Sodium Hydroxide shall be in conformity with American National Standards Institute (ANSI)/
American Water Works Association (AWWA) B501-98 and/or the most updated revision. Per Section 4.2.2 of this standard, the liquid sodium hydroxide supplied under this contract shall
contain approximately 50 percent (50%) sodium hydroxide (NaOH). ii. General impurities shall contain no soluble material or organic substances in quantities capable of producing harmful or injurious effects on the health of those consuming water that has been
treated properly with the sodium hydroxide.
iii. Vendor shall certify sodium hydroxide as suitable for contact with and/or treatment of drinking water by an accredited certification organization in accordance with ANSI/ National Sanitation Foundation (NSF) Standard 60, Drinking Water Treatment Chemicals - Health Effects. Evaluation shall be accomplished in accordance with requirements that are no less restrictive
than those listed in ANSI/NSF Standard 60. Certification shall be accomplished by a certification organization accredited by the American National Standards Institute. Analysis
shall be required on a spot check basis not to exceed one in four deliveries, at the cost of the vendor, or a certified analysis of the product may be provided on a regular basis if vendor can demonstrate they are performing quality control measures on a frequency and on samples that represent the quality of material the City is receiving. Quality of sodium hydroxide shall be
diaphragm grade. If the sodium hydroxide does not meet these specifications, the load will be refused at no expense to the City. iv. The suppliers of these products shall provide the most up-to-date version of Safety Data Sheet (SDSs) with bid submittal.
B. DELIVERY i. Shipping is by bulk in accordance with applicable regulations. Vendor shall assure that each delivery truck is in A-1 mechanical condition conforming to Interstate Commerce Commission
(ICC) Specification MC-310 and MC-311 for hazardous chemical(s).
ii. A capable driver and/or worker trained in the proper handling of sodium hydroxide and the use and operation of the delivery vehicle and unloading equipment. Certification of training shall be
provided upon request of the City’s representative. Extreme care shall be taken when handling sodium hydroxide in liquid form. Drivers and/or workers shall be trained in the handling of
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SODIUM HYDROXIDE/ SODIUM BISULFITE 16 ITB #07-22
hazardous chemicals and shall wear proper Personal Protective Equipment (PPE) suitable for the handling of sodium hydroxide, including, but not limited to, protective clothing, goggles, and face shields. Observation of drivers and/or workers performing this duty with disregard to safety procedures may result in the termination of this contract. iii. Upon arriving on City property, the driver is required to observe all safety policies, rules and approved standard operating procedures. Means of identification on the vehicle shall be
required and net weight of liquid contents shall be weighed onsite with certified scales readings. These readings shall be provided to the City plant operator on duty prior to any attempt to make delivery. The typical quantity of delivery is 2,000 to 4,000 gallons, split between the two (2) facilities. Chemical shall be off-loaded by compressed air supplied by the delivery truck. Refer to the attached table for a breakdown of specific quantities and locations.
iv. The Vendor shall supply all necessary connectors and hoses required to off load the sodium
hydroxide shipment into the City’s bulk storage tank. v. The sodium hydroxide shall be furnished and delivered to two (2) locations; City of Clearwater
Reverse Osmosis Water Treatment Plant No. 1 (RO1) and Reverse Osmosis Water Treatment Plant No. 2 (RO2).
Site Name Site Address Delivery Hours Phone Contact (1st and 2nd contacts)
# of Tanks
Each Tank Capacity (gallons)
Estimated Daily Usage (gallons)
RO1 1657 Palmetto St,
Clearwater, FL 33765
6:30am-10:30pm (Monday – Friday)
1.) 727-224-2466
2 2,000 110
2.) 727-224-7993
RO2
3141 Gulf to Bay Blvd., Clearwater, FL 33759
6:30am – 10:30pm (Monday – Friday)
1.) 727-200-3229
2 2,000 80
2.) 727-224-7736
4. 38-40% SODIUM BISULFITE AQUEOUS SOLUTUTION A. SPECIFICATIONS i. 38-40% Sodium Bisulfite Aqueous Solution shall meet NSF/ANSI STANDARD 60.
ii. The estimated average daily usage is 305 gallons for all four (4) facilities. This is only an estimate and subject to change based on the needs of the facilities.
iii. Vendor will provide City with the portion(s) of their Safety Plan that apply to the transportation and delivery of product upon award. iv. The suppliers of these products shall provide the most up-to-date version of Safety Data Sheet (SDSs) with bid submittal.
B. DELIVERY i. Deliveries shall be made with a maximum of three (3) day lead time notice from Public Utilities staff (seven [7] days per week). Frequency of deliveries will vary depending on the needs of the facilities.
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SODIUM HYDROXIDE/ SODIUM BISULFITE 17 ITB #07-22
ii. Each delivery made shall be of sufficient and appropriate quantity to maintain the onsite storage tank levels as requested by the facility staff and will vary by use rate and site storage tank size. iii. For each delivery, vendor shall provide facility staff with 1) a written ticket showing number of gallons delivered at each WRF and/or RO plant, and 2) a Certificate of Analysis showing current
bisulfate percentage of the product delivered. iv. Vendor will comply with all United States Department of Transportation (USDOT) and Florida Department of Transportation (FDOT) rules and requirements. v. 38-40% Sodium Bisulfite Aqueous Solution will be furnished and delivered to four (4) separate
locations; City of Clearwater’s RO1, East Water Reclamation Facility (WRF), Marshall Street
Water Reclamation Facility (WRF), and Northeast Water Reclamation Facility (WRF).
Site Name Site Address Delivery Hours Phone Contact (1st and 2nd contacts)
# of Tanks
Each Tank Capacity (gallons)
Estimated Daily Usage (gallons)
RO1
1657 Palmetto St, Clearwater, FL 33765
6:30am - 10:30pm (Monday – Friday)
1.) 727-224-2466
2 800 15
2.) 727-224-7736
East WRF
3141 Gulf to Bay Blvd., Clearwater, FL 33759
6:30am – 10:30pm (Monday – Friday)
1.) 727-462-6667
2 2500 140
2.) 727-227-7729
Marshall Street WRF
1605 Harbor Dr., Clearwater FL 33755
6:30am – 10:30pm (Monday – Friday)
1.) 727-462-6660
2 2500 100
2.) 727-224-7726
Northeast WRF
3290 State Rd. 580, Clearwater FL 33761
6:30am – 10:30pm (Monday – Friday)
1.) 727-793-2787
1 1200 50
2.) 727-224-7745
ADDITIONAL REQUIREMENTS FOR AWARDED VENDOR:
• Vendor shall provide to the Public Utilities designated representative(s) their Standard Operating Procedures for drivers.
• These chemicals are required by the City’s Public Utilities Department for use in treating water to meet Federal and State requirements. Vendor shall provide a written plan to provide uninterruptable service to the Public Utilities designated representative(s). This plan will include a backup system, to be approved by the Public Utilities designated representative(s), that will ensure the uninterruptable service to the City.
• Vendor shall provide a list of approved drivers with their training record kept current and a copy of
their driver’s license. The approved drivers list shall be maintained and updated by the Vendor with
the list of approved drivers, training records and driver’s license whenever a new driver is proposed.
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SODIUM HYDROXIDE/ SODIUM BISULFITE 18 ITB #07-22
5. INSURANCE REQUIREMENTS. To be reviewed by Risk Manager The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
Other considerations: Garagekeepers, Cyber, etc…. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate,
SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where
such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #07-22 P.O. Box 4748
DETAILED SPECIFICATIONS
SODIUM HYDROXIDE/ SODIUM BISULFITE 19 ITB #07-22
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
SODIUM HYDROXIDE/ SODIUM BISULFITE 20 ITB #07-22
1. BEGINNING AND END DATE OF INITIAL TERM. March 2022 – February 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. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration.
Two (2), one (1) year renewals possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees
that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for Producer Price Index for 0613
Basic Inorganic Chemicals, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the
request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall
be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph.
No fuel surcharges will be accepted.
BID SUBMISSION
SODIUM HYDROXIDE/ SODIUM BISULFITE 21 ITB #07-22
1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation.
2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested)
Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form
Scrutinized Companies form(s) as required E-Verify Eligibility form as required
Offer Certification form A copy of NSF/ANSI Standard 61 certification Safety Data Sheet (SDS) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
SODIUM HYDROXIDE/ SODIUM BISULFITE 22 ITB #07-22
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Chemicals: Sodium Hydroxide & Sodium Bisulfite to the City of Clearwater at the price(s) stated below.
Item No. Description Unit Price (per gallon)
1 Sodium Hydroxide (caustic soda) $
Note: If your company offers an alternative pricing method (other than gallons) for 50% Sodium Hydroxide (caustic soda) please explain method of conversion from gallons to alternative unit of measure and complete below: Alternative Pricing Method: 50% Sodium Hydroxide (caustic soda)
Alternative Unit of Measure:
Unit Price per Alternative Unit of Measure:
Method of conversion from gallons to alternative unit of measure:
Estimated annual quantity of 93,724 gallons = X quantity / alternative unit of measure /
Total Price: Unit Price X Estimated annual quantity = Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish CHEMICAL: 38-40% Sodium Bisulfite to the City of Clearwater at the price(s) stated below.
DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges
PAYMENT TERMS:
City of Clearwater’s standard payment terms are NET30
Vendor: _________________________________________ Date: ______________________________
Item No. Description Estimated Annual Quantity Unit Price (per Pound) OR
Unit Price (per Gallon)
2 Sodium Bisulfite 133,590 gallons $ $
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
SODIUM HYDROXIDE/ SODIUM BISULFITE 23 ITB #07-22
Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one):
Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this bid
Additional Materials attached (describe--attach additional pages if needed) Addenda
Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge
any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number Initial to acknowledge receipt
Vendor Name ____ Date: ____
VENDOR INFORMATION
SODIUM HYDROXIDE/ SODIUM BISULFITE 24 ITB #07-22
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 bid: Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded): Name: Fax:
Phone: E-Mail Address:
Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency:
Provide supporting documentation for your certification, if applicable.
SCRUTINIZED COMPANIES FORM
SODIUM HYDROXIDE/ SODIUM BISULFITE 25 ITB #07-22
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
SCRUTINIZED COMPANIES FORM
SODIUM HYDROXIDE/ SODIUM BISULFITE 26 ITB #07-22
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
E-VERIFY ELIGIBILITY FORM
SODIUM HYDROXIDE/ SODIUM BISULFITE 27 ITB #07-22
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
OFFER CERTIFICATION
By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
SODIUM HYDROXIDE/ SODIUM BISULFITE 29 ITB #07-22
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip: ITB #07-22, Sodium Hydroxide & Sodium Bisulfite Due Date: January 26, 2021 at 10:00 A.M.
City of Clearwater
Attn: Procurement PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED BID
Submitted by:
Company Name:
Address:
City, State, Zip:
ITB #07-22, Sodium Hydroxide & Sodium Bisulfite Due Date: January 26, 2021 at 10:00 A.M.
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
City of Clearwater
Attn: Procurement
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
February 3, 2022
NOTICE OF INTENT TO AWARD
Public Utilities and the Procurement Division recommend award of ITB No. 07-22, Sodium
Hydroxide and Sodium Bisulfite Aqueous Solution to Odyssey Manufacturing Company, the
lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount
of $400,000.00 annually, for a period of one (1) year, with two (2), one (1) year renewal options.
This Award recommendation will be considered by the City Council at the February 28, 2022
Work Session (9:00 a.m.) and voted on at the March 3, 2022 Council Meeting (6:00 p.m.). These
meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755.
Inquiries regarding this Intent to Award can be directed to Eryn Berg at (727) 562-4633, or mailed
to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748.
Posted on this date by:
Eryn Berg
Eryn Berg
Sr. Procurement Analyst
CITY OF CLEARWATER
ITB # 07-22, Sodium Hyrdroxide and Sodium Bisulfite Aqueous Solution
DUE DATE: January 27, 2022; 10:00 AM
BID TABULATION SUMMARY
ITEM DESCRIPTION
Allied Universal Corporation
3901 NW 115 Ave.
Miami, FL 33178
Harcros Chemicals, Inc
5132 Trenton Street
Tampa, FL 33619
Odyssey Manufacturing
Company
1484 Massaro Blvd.
Tampa, FL 33619
Thatcher Chemical of Florida,
Inc
245 Hazen Rd
Deland, FL 32720
Univar Solutions USA, Inc
8201 S. 212th St
Kent, WA 98032
1 Sodium Hydroxide (Caustic Soda) 5.00$ 2.85$ 2.95$ NO BID 3.5750$
2 Sodium Bisulfite NO BID 4.48$ 1.79$ 1.8201$ NO BID
NOTE:
Items with a star ( ) indicates intent to award.
1) Allied Universal Corporation 2) Harcros Chemicals, Inc.
3901 NW 115 Ave 5132 Trenton St
Miami, FL 33178 Tampa, FL 33619305.888.2623 813.247.4531
3) Odyssey Manufacturing Company 4) Thatcher Chemical of Florida, Inc.
1484 Massaro Blvd.245 Hazen Road
Tampa, FL 33619 Deland, FL 32720
813.635.0339 386.490.1638
5) Univar Solutions USA, Inc.
8201 S. 212th St. Kent, WA 98032
253.872.5023
ADVERTISED: TAMPA BAY TIMES 1/5/2022
POSTED:myclearwater.com 12/30/2021 - 01/27/2022
Due/Opening: January 27, 2022; 10:00 a.m.
INVITATION TO BID No. 07-22
Sodium Hydroxide and Sodium Bisulfite Aqueous Solution
Solicitation Response Listing
FOR THE CITY OF CLEARWATER
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0162
Agenda Date: 3/3/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Reappoint Gregory Byrd, citizen representative, and Brianne Roberts, Clearwater Arts Alliance,
Inc. representative, to the Public Art and Design Board with terms to expire March 31, 2026.
(consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts
Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative
MEMBERS: 7
Liaison: Christopher Hubbard, Cultural Affairs Coord.
CHAIR:
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: 2:00 PM/Chambers
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE A TERM WHICH EXPIRES AND
NOW REQUIRE REAPPOINTMENT:
1. Gregory L. Byrd - 1400 Pine Brook Drive, 33755 - Professor/St. Pete College
Original Appointment: 5/6/21
(currently filling an unexpired term until 3/31/22)
(1 Absence in 2021)
Interest in Reappointment: Yes
(Citizen)
2. Brianne Roberts - 6225 Baker Rd., New Port Richey, FL 34653 - Locksmith/Arts Admin.
Original Appointment: 4/15/21
(currently filling an unexpired term until 3/31/22)
Page 1 City of Clearwater Printed on 3/7/2022
File Number: ID#22-0162
(0 Absences)
Interest in Reappointment: Yes
(Clearwater Arts Alliance, Inc.)
Zip codes of current members:
2 - 33755
1 - 33761
1 - 33764
2 - 33765
1 - 34653
Current Categories:
1 Artist/Art Business Owner
4 Citizens
1 Clearwater Arts Alliance, Inc.
1 Creative Pinellas
Page 2 City of Clearwater Printed on 3/7/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0168
Agenda Date: 3/3/2022 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Office of Management & Budget
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve changes to the Penny for Pinellas IV project list, as approved for fiscal years 2021/22 -
2029/30.
SUMMARY:
On February 14, 2022, staff presented a conceptual plan to relocate and construct a new City
Hall on the city-owned lot adjacent to the Municipal Services Building. The City Hall replacement
project was established in 2017 using cost estimates at that time and assuming replacement
at comparable square footage. Current construction costs and a larger facility to better
address future needs of the city result in the need to allocate additional funding to this project.
In an effort to accelerate the process and begin formal planning, staff is seeking to revise the
Penny for Pinellas project list to reallocate funding for City Hall replacement.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the
requirement for a special hearing prior to adoption of the capital improvement budget to discuss
the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the
Penny for Pinellas project funding of $500,000 or more.
Changes to Penny for Pinellas projects which meet this criterion:
City Hall - This project provides for the relocation and construction of a new City Hall currently
funded with $6,650,300 of Penny for Pinellas revenues. Current budget estimates show this
funding to be insufficient requiring additional funding. A total of $16,000,000 is planned to be
reallocated from the Utilities Infrastructure project to bring the total Penny for Pinellas funding to
$22,650,300 for City Hall replacement.
Utilities Infrastructure - This project was established to assist the Public Utilities fund in
upgrading aging infrastructure. Current and planned future revenue sources are sufficient to
fund the capital needs of the utilities department freeing up Penny funds for reallocation. This
project will be eliminated and the $16,000,000 planned to be funded in fiscal year 2021/22
through 2028/29 will be allocated to the City Hall project.
Page 1 City of Clearwater Printed on 3/7/2022
CITY OF CLEARWATER
NOTICE OF PUBLIC HEARING
PENNY FOR PINELLAS PROJECTS
CITY COUNCIL MEETING
Thursday, March 3, 2022
6:00 p.m.
A public hearing will be held by the City of Clearwater, in City Council Chambers, Clearwater Main
Library, 100 North Osceola Avenue, Clearwater, Florida, regarding the use of Penny for Pinellas funding
for the following projects:
The following currently approved projects reflect a change in funding level:
City Hall – This project provides for the relocation and construction of a new City Hall currently funded
with $6,650,300 of Penny for Pinellas revenues. Current budget estimates show this funding to be
insufficient requiring additional funding. A total of $16,000,000 is planned to be reallocated from the
Utilities Infrastructure project to bring the total Penny for Pinellas funding to $22,650,300 for City Hall
replacement.
Utilities Infrastructure – This project was established to assist the Public Utilities fund in upgrading aging
infrastructure. Current and planned future revenue sources are sufficient to fund the capital needs of the
utilities department freeing up Penny funds for reallocation. This project will be eliminated and the
$16,000,000 planned to be funded in fiscal year 2021/22 through 2028/29 will be allocated to the City Hall
project.
Interested parties may appear and be heard at the hearing or file written notice of approval or objection with
the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council,
with respect to any matter considered at such hearing, will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105.
Rosemarie Call, CMC City of Clearwater
City Clerk P.O. Box 4748, Clearwater, FL 33758-4748
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK
DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE
CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090.
Penny for Pinellas Project Funding - Proposed Amendment
Total
Approved Proposed Amended Amended Total
Projects Changes Projects 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected
Beginning Balance:4,624,015 5,973,195 541,533 (4,384,165) (4,246,344) 2,862,726 (928,977) 4,731,987 5,688,148 4,624,015
12,699,480 13,016,967 13,342,392 13,675,951 14,017,850 14,368,296 14,727,504 15,095,692 3,868,271 114,812,404
17,323,495 18,990,163 13,883,925 9,291,786 9,771,506 17,231,023 13,798,527 19,827,678 9,556,419 119,436,419
Penny IV Approved Projects:
Utilities Infrastructure 16,000,000 (16,000,000) - 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 -
Sports Fields & Facilities Upgrades/Improvements 7,000,000 7,000,000 1,000,000 1,500,000 500,000 600,000 600,000 700,000 700,000 700,000 700,000 7,000,000
Fire Engines/Ladder Trucks 4,269,700 4,269,700 648,630 668,090 688,130 708,780 766,540 789,530 4,269,700
Police Vehicles 1,650,000 1,650,000 100,000 150,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,650,000
Fire Vehicle/Equipment Facility 750,000 750,000 750,000 750,000
Police Vehicle/Equipment Facility 750,000 750,000 750,000 750,000
Neighborhood and Community Parks Renovations 3,500,000 3,500,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 350,000 350,000 3,500,000
Bicycle Paths & Recreation Trails 2,500,000 2,500,000 1,250,000 1,250,000 2,500,000
Aviation Operations Center 760,000 760,000 760,000 760,000
Environmental Park Upgrades 1,500,000 1,500,000 750,000 750,000 1,500,000
Beach Marina Upgrades 15,000,000 15,000,000 7,500,000 7,500,000 15,000,000
Public Works Complex 12,300,000 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000
2,350,300
City Hall 6,650,300 16,000,000 22,650,300 350,300 7,000,000 7,000,000 6,300,000 22,650,300
Total Proposed Penny Projects 72,630,000 72,630,000
Penny IV Interfund Loan Repayment Schedule
Police District III 11,000,000 11,000,000 6,000,000 5,000,000 11,000,000
Waterfront/Bluff Masterplan (Imagine Clearwater)28,500,000 28,500,000 7,500,000 7,000,000 7,000,000 7,000,000 28,500,000
Sports Fields & Facilities (BayCare/Carpenter)6,000,000 6,000,000 6,000,000 6,000,000
118,130,000 - 118,130,000 11,350,300 18,448,630 18,268,090 13,538,130 6,908,780 18,160,000 9,066,540 14,139,530 8,250,000 118,130,000
5,973,195 541,533 (4,384,165)(4,246,344)2,862,726 (928,977)4,731,987 5,688,148 1,306,419 1,306,419
Replacement/Upgrade of Current Infrastructure 3,750,300 18,400,000 18,150,000 14,650,000 3,000,000 12,460,000 3,100,000 8,150,000 1,050,000 68,710,300
Public Safety Infrastructure/Equipment 7,600,000 798,630 868,090 888,130 5,908,780 200,000 966,540 989,530 200,000 18,419,700
New Infrastructure - 1,250,000 1,250,000 - - 7,500,000 7,000,000 7,000,000 7,000,000 31,000,000
Estimated Available Balance
Fiscal Years 2021/22 - 2029/30
Estimated Penny IV Proceeds
Estimated Revenue
Planned Project Expenditures
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ORD 9552-22
Agenda Date: 3/3/2022 Status: Public HearingVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve the request from the owner of property addressed 2427 Timbercrest Cir E, Clearwater
to vacate a portion of the 10-foot wide Platted Drainage and Utility Easement and a portion of
the 5-foot wide Platted Utility Easement, located on Lot 156, Woodgate of Countryside - Unit
One, according to the map or plat thereof in Plat Book 70, Page(s) 13-14, Public Records of
Pinellas County, Florida, and pass Ordinance 9552-22 on first reading.
SUMMARY:
The property owner at 2427 Timbercrest Cir E., Clearwater, has requested that the City vacate
a portion of the 10-foot wide Platted Drainage & Utility Easement along the SE property line and
a portion of the 5-foot wide Utility Easement along the SW property line.
The purpose of this vacation is to provide space for concrete pavers for a pool deck and pool
equipment inside the easements.
There are no city utilities present within the easements. All private utility companies have no
objection to the vacation. The remaining easements will be sufficient for drainage and utility
purposes and future city needs. City staff have reviewed this vacation and have no objection.
Page 1 City of Clearwater Printed on 3/7/2022
W.O. 6466.VoE SECTION 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST SKETCH-OF-LEG AL PINELLAS COUNTY, FLORIDA
LOT 155
PROPERTY ADDRESS:
2427 TIMBERCREST CIRCLE EAST CLEARWATER, FLORIDA
LOT 156 WOODGATE OF COUNTRYSIDE -UNIT ONE
P.B. 70, PG.(s) 13-14
LOT 163
5' UTILITY EASEM NT LI
LOT 157 (cj
(I:.,)
LOT 159
LINE TABLE
LINE BEARING LENGTH
L1 N54°46'07'\./ 10.10'
L2 S27°08'53'\./ 4.80'
L3 S62°51'07'E 8.00'
L4 S27°08'53'\./ 41.00'
L5 N62°51'07'\./ 8.00'
L6 N27°08'53'E 41.00'
L7 N27°08'53'E 5.01'
L8 N59°36'09'\./ 41.57'
L9 S30°23'51 '\./ 2.00'
LlO N59°36'09'\./ 12.35'
Lll N20°02'34'E 2.03'
L12 S59°36'09'E 12.71'
THIS IS NOT A BOUNDARY SURVEY
DRAWN BY: HW ABBREVIATION LEGEND:
1-------------1A.K.A. = Also Known As CHECKED BY: D.J.E.O.R. Official Records Book P.B. Plat Book DA TE: JANUARY 10, 2022 PG.(s) = Page(s) SCALE: J "=20' POB Point of Beginning
SHEET J of 2 POC Point of Commencement
R/W =Right-of-Way W.O. 6466.VoE
POC #2 SE CORNER LOT 156 LOT 160
0 20
SCALE: 1" = 20'
NAME AND ADDRESS OF THE PREPARER: GEODATA SERVICES INC. 1166 KAPP DRIVE CLEARWATER, FL 33765 PHONE: (727)447-1763 LB 7466
Shaded Area to be Vacated
Legend and Scale
EXHIBIT A
W.O. 6466.VoE SECTION 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST
SKETCH-OF-LEGAL
VACATION OF EASEMENT #1
LEGAL DESCRIPTION:
PINELLAS COUNTY, FLORIDA
COMMENCE AT THE NORTHEAST CORNER OF LOT 156, WOODGATE OF COUNTRYSIDE -UNIT 1 PER PLAT AS RECORDED IN PLAT BOOK 70, PAGES 13-14, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID CORNER BEING THE POINT OF COMMENCEMENT #1; THENCE NORTH 54"46'07" WEST ALONG THE MOST NORTHERLY BOUNDARY OF SAID LOT 156, FOR A DISTANCE OF 10.10 FEET TO THE INTERSECTION OF THE MOST NORTHERLY BOUNDARY OF SAID LOT 156 AND THE 1 o· DRAINAGE AND UTILITY EASEMENT LINE; THENCE SOUTH 27'08'53" WEST ALONG THE 1 o·DRAINAGE AND UTILITY EASEMENT LINE FOR A DISTANCE OF 4.80 FEET TO THE POINT OF BEGINNING (POB) #1; THENCE SOUTH 62"51'07" EAST, LEAVING THE 10' DRAINAGE AND UTILITY EASEMENT LINE, A DISTANCE OF 8.00 FEET; THENCE SOUTH 27'08'53" WEST, A DISTANCE OF 41.00 FEET; THENCE NORTH 62"51'07" WEST, A DISTANCE OF 8.00
FEET TO THE 10' DRAINAGE AND UTILITY EASEMENT LINE; THENCE NORTH 27'08'53" EAST, ALONG THE 10' DRIANAGE AND UTILITY EASEMENT LINE, A DISTANCE OF 41.00 FEET BACK TO THE POB #1.
VACATION OF EASEMENT #2
LEGAL DESCRIPTION:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 156, WOODGATE OF COUNTRYSIDE -UNIT 1 PER PLAT AS RECORDED IN PLAT BOOK 70, PAGES 13-14, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID CORNER BEING THE POINT OF COMMENCEMENT #2; THENCE NORTH 27'08'53" EAST ALONG THE MOST EASTERLY BOUNDARY OF SAID LOT 156, FOR A DISTANCE OF 5.01 FEET TO THE INTERSECTION OF THE MOST EASTERLY BOUNDARY OF SAID LOT 156 AND THE 5' UTILITY EASEMENT LINE; THENCE NORTH 59"36'09" WEST ALONG THE 5 UTILITY EASEMENT LINE FOR A DISTANCE OF 41.57 FEET TO THE POINT OF BEGINNING (POB) #2; THENCE SOUTH 30"23'51" WEST, LEAVING THE 5' UTILITY EASEMENT LINE, A DISTANCE OF 2.00 FEET; THENCE NORTH 59"36'09" WEST, A DISTANCE OF 12.35 FEET TO THE NORTHERLY END OF SAID 5' UTILITY EASEMENT; THENCE NORTH 20·02'34" EAST, A DISTANCE OF 2.03 FEET TO THE 5' UTILITY EASEMENT LINE; THENCE SOUTH 59"36'09" EAST, ALONG THE 5' UTILITY EASEMENT LINE, A DISTANCE OF 12. 71 FEET BACK TO THE POB #2.
PROPERTY ADDRESS:
2427 TIMBERCREST CIRCLE EAST CLEARWATER, FLORIDA
THIS IS NOT A BOUNDARY SURVEY
DRAWN BY: HW ABBREVIATION LEGEND: A.K.A. = Also Known As CHECKED BY: 0.J.E. O.R. Official Records Book P.B. Plat Book DA TE: JANUARY 10, 2022 PG.(s) = Page(s)
__________ _,,POB Point of Beginning
SHEET 2 of 2 POC Point of Commencement R/W = Right-of-Way W.O. 6466.VoE
GEODATA SERVICES INC. 1166 KAPP DRIVE CLEARWATER, FL 33765 PHONE: (727)447-1763 LB 7466
EXHIBIT A
1 Ord. No. 9552-22
ORDINANCE NO. 9552-22
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE 10 FEET WIDE
PLATTED DRAINAGE AND UTILITY EASEMENT AND A PORTION OF THE 5 FEET WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOT 156, WOODGATE OF COUNTRYSIDE – UNIT ONE, ACCORDING TO THE MAP OR PLAT THEREOF IN PLAT BOOK 70, PAGE(S) 13-14,
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 easements; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said portions of drainage and utility easements are 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: Drainage and utility easements described as follows: See Exhibit “A”
are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. 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.
2 Ord. No. 9552-22
PASSED ON FIRST READING ________________________________
PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________
________________________________ Frank Hibbard Mayor
Approved as to form: Attest:
________________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk
2439
2433
2436
2415
23722427
23762442
2421
2430
2448
MILLWOOD LN TIMBERCREST CIR E2361AERIAL MAP
Portions 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.232A 31-28s-16e01/14/2022Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Proposed Vacation of Portions of a 10' and 5' PlattedDrainage & Utility Easement2427 Timbercrest Cir E
Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\AerialEasVac_2427Timbercrest.mxd
Portions to be Vacated
Legend
Existing Drainange and Utility Easements
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9519-22 2nd rdg
Agenda Date: 3/3/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9519-22 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 806 Turner Street, Clearwater, Florida
33756, from Office (O) to Medium Density Residential (MDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/7/2022
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: 9530-22 2nd rdg
Agenda Date: 3/3/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9530-22 on second reading, vacating a portion of the 5 foot 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 of the Public Records of Pinellas
County, Florida.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/7/2022
[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
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
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9553-22 2nd rdg
Agenda Date: 3/3/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9553-22 on second reading, amending Section 2.036 of the Code of
Ordinances relating to city administration.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/7/2022
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