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10/31/2022Monday, October 31, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda October 31, 2022Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Hurricane Ian After Action Update - Jevon Graham, Fire Division Chief (WSO) 2. 1 3. Human Resources Approve the first addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police Officers Bargaining Unit for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) 3.1 Amend Clearwater Code of Ordinances Sections 2.412, 2.416, and 2.419 to increase the multiplier and reduce the vesting period for non-hazardous employees and pass Ordinance 9620-22 on first reading. 3.2 Approve the second addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) 3.3 4. Parks and Recreation Authorize purchase orders to Average Joe Landscape LLC, Botanical Dimensions, Inc., J and J Diversified dba Diversified Landscape Maintenance, Earth Designs, and MMM Property Maintenance and Lawn LLC for citywide landscaping services in the cumulative not-to-exceed amount of $803,000.00 for the 11-month term beginning November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of $876,000.00 with the option for two one-year term extensions pursuant to Invitation to Bid 35-22, Landscaping Maintenance Services, and authorize the appropriate officials to execute same. (consent) 4.1 Approve Production Sponsorship Agreement, from November 3, 2022 through March 1, 2025, with ESPN Production, Inc. to host three college women’s softball events at the Eddie C. Moore Softball Complex with renewal options and authorize the appropriate officials to execute same. (consent) 4.2 Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, in the amount of $536,486.37, for renovations and structural repairs at BayCare Ballpark, and authorize the appropriate officials to execute same. (consent) 4.3 Page 2 City of Clearwater Printed on 10/26/2022 October 31, 2022Council Work Session Work Session Agenda Approve a purchase order to American Mulch and Soil, LLC of Spring Hill, Florida, for mechanically blown-in mulch services in the total annual not to exceed amount of $150,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid 20-22R, and authorize the appropriate officials to execute same. (consent) 4.4 5. Public Works Declare surplus certain real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East for the purpose of sale to an abutting property to support meaningful development through proposed Invitation to Bid 01-23, more specifically, declaring a 10-foot strip of land, deeded to the City of Clearwater, located on Rogers Street, Clearwater, as recorded in Official Records Book 6302, Page 1729, together with a 20-foot strip of vacated right-of-way which title became vested in the City of Clearwater as a result of Ordinance 9507-21, recorded in Official Records Book 21781, Page 2617, of the Public Records of Pinellas County, Florida, and authorize the appropriate officials to execute same. (APH) 5.1 Declare as surplus, certain real property identified as a portion of parcel number 22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr. Avenue, which is legally described as a portion of Lot 2, Foundation Oaks, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida and the south 100 feet of the east 100 feet of the tract of land described in Exhibit A of the lease for the purpose of amendment to the Business Lease Contract for Community Dental Clinic, providing for two successive two-year extensions and authorize the appropriate officials to execute same. (APH) 5.2 Accept a 20-foot by 20-foot Utility Easement from Crown Castle GT Company, LLC, for installation, repair, maintenance, and replacement of sewer lines and drainage lines on real property located at 1600 S Myrtle Avenue and authorize the appropriate officials to execute same. (consent) 5.3 6. Information Technology Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $167,264.27 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the appropriate officials to execute same. (consent) 6.1 7. Public Utilities Page 3 City of Clearwater Printed on 10/26/2022 October 31, 2022Council Work Session Work Session Agenda Authorize purchase orders to Core and Main LP of St. Louis, MO, Fortiline, Inc. of Dallas, TX and Ferguson Enterprises, LLC dba Ferguson Waterworks of Tampa, FL for the supply of service brass and brass valves in the cumulative annual not-to-exceed amount of $200,000.00 with the option of two, one-year renewals pursuant to Invitation to Bid (ITB) 45-22, Service Brass and Brass Valves, and authorize the appropriate officials to execute same. (consent) 7.1 8. Solid Waste Authorize purchase orders to Building Maintenance Services Inc, CleanSpace Inc, High Sources Inc, J and J Holdings and Services LLC, and Xtremely Clean Janitorial Services LLC, for citywide custodial services in the cumulative not-to-exceed amount of $687,500 for the 11-month term, from November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of $750,000; with the option for three one-1 year term extensions pursuant to Invitation to Bid 36-22, Citywide Custodial Services, and authorize the appropriate officials to execute same. (consent) 8.1 Authorize a purchase order to Florida Kenworth, LLC for the purchase of a 2023 Kenworth T380 with Peterson TL3 Grapple Loader in the amount of $284,677.57 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) 8.2 9. City Clerk's Office Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth Member, for an unexpired term through October 31, 2024. 9.1 Reappoint Caitlein Jammo to the Clearwater Housing Authority Board with term to expire September 30, 2026. (consent) 9.2 Amend City Council Policies 1-3, 1-5, 1-9, 3-11, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 5-2, 5-3, 5-5, 5-6, 5-8, 5-9, 5-11, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2. 9.3 10. City Attorney's Office Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) 10.1 Page 4 City of Clearwater Printed on 10/26/2022 October 31, 2022Council Work Session Work Session Agenda Approve settlement of general liability claim 22000020 to Kevin Robinson in the amount of $200,000, inclusive of attorney’s fees and other costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) 10.2 Adopt Ordinance 9634-22 on second reading, amending the Code of Ordinances Chapter 2, Article V., Division 3, Employees’ Pension Plan, to re-establish a cost-of-living benefit for firefighters; amending section 2.421 relating to cost-of-living adjustments for firefighters. 10.3 Adopt Ordinance 9636-22 on second reading, vacating the 5-foot-wide platted utility easement on the south property line of Lot 45, and the west half of Lot 44 along with the abutting 5-foot-wide platted utility easement on the north property line of Lots 8,7,6, 20, and the west half of Lot 21, located in Hibiscus Gardens, Block O, according to the map or plat thereof as recorded in Plat Book 14, Pages 55-59 of the public records of Pinellas County, Florida. 10.4 11. City Manager Verbal Reports Clearwater Gas System/City Sponsorships11.1 Discuss the ARPA distribution process and authorize staff to expend funds that support relief and recovery efforts in the North Greenwood Redevelopment Agency area prior to the establishment of the trust fund. 11.2 12. City Attorney Verbal Reports 13. Council Discussion Item New City Hall - Mayor Hibbard13.1 Thrive by Five MOU - Vice Mayor Beckman13.2 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Page 5 City of Clearwater Printed on 10/26/2022 October 31, 2022Council Work Session Work Session Agenda National Veterans Small Business Week Proclamation, October 31, 2022 through November 4, 2022 - Chris Odgers, Greater Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses, Legislative Affairs Chairman 17.1 Veterans Day 2022 Proclamation - Father Bob Swick17.2 Library Board Annual Presentation - Donna Dennis, Chair17.3 Environmental Advisory Board Annual Presentation - Sarah Kessler, EAB Liaison 17.4 State of the City Presentation - Jon Jennings, City Manager17.5 Page 6 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1180 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2. 1 SUBJECT/RECOMMENDATION: Hurricane Ian After Action Update - Jevon Graham, Fire Division Chief (WSO) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1131 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the first addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police Officers Bargaining Unit for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) SUMMARY: The collective bargaining agreement between the City of Clearwater and Fraternal Order of Police Officers Bargaining Unit expires on September 30, 2024. The parties have reached a tentative agreement for an amendment to this contract, to be effective October 1, 2022, which was ratified by the membership. The amendment is for the implementation of a reduced vesting period and increased multiplier only for the non-hazardous duty employees in this union. Effective October 1, 2022, for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be 2.5 %. This is an increase from the previous multiplier of 2%. The vesting period for these employees is reduced to five years, from the previous vesting period of ten years. This change to the City’s Pension Plan will occur through Ordinance 9620-22. APPROPRIATION CODE AND AMOUNT: A future budget amendment may be required in FY 2022/2023 to cover increases related to the pension plan adjustments. Page 1 City of Clearwater Printed on 10/26/2022 1 FIRST ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF CLEARWATER AND FOP OFFICERS BARGAINING UNIT This First Addendum is entered into by and between the City of Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit. For good and valuable consideration, the Parties hereto agree and acknowledge as follows: The Parties have entered into a Collective Bargaining Agreement covering the period October 1, 2021 through September 30, 2024 (“CBA”). Under Article 1, Section 2, the CBA may be amended at any time by the mutual consent of the Parties. In September 2022, the Parties mutually agreed to reopen the CBA for the sole purpose of discussing pension adjustments for non-hazardous duty employees. 1. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.412 shall be amended as follows: Section 2.412. Definitions. ***** Normal retirement date shall mean (1) For non-hazardous duty employees hired prior to the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 55 years and completed 20 years of credited service, or b. The date on which a participant has completed 30 years of credited service regardless of age, or c. The date on which a participant has reached the age of 65 years and completed ten years of credited service. (2) For non-hazardous duty employees hired on or after the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or b. The date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, for non-hazardous duty employees, normal retirement date shall mean the earlier of: c. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or d. The date on which a participant has reached the age of 65 years and completed five years of credited service. 2 (3) For hazardous duty employees, the date on which a participant has completed 20 years of credited service, or reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (4) For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. ***** Vesting shall mean the attainment of ten years of creditable service, at which time the member is entitled to service retirement benefits and non-service disability under the terms of the plan. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. ***** 2. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.416 shall be amended as follows: Section 2.416. Normal retirement benefit. (a) For non-hazardous duty employees hired prior to the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached the age of 65 years and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. For hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed 20 years of credited service regardless of age, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty; or the date on which the participant has reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is 3 described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (b) For non-hazardous duty employees hired prior to the effective date of this restatement, the normal retirement benefit shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. For non-hazardous duty employees hired on or after the effective date of this restatement, the normal retirement benefit for all credited service shall be determined by multiplying two percent of final average monthly compensation by the number of years of credited service. Effective October 1, 2022 for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be two and one half percent (2.5%). For hazardous duty employees, the normal retirement benefit for all credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty, shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. ***** 3. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.419 shall be amended as follows: Section 2.419. Termination of employment benefit. (1) In the event a participant's employment with his employer is terminated for reasons other than retirement, disability or death, such participant shall be entitled to receive a termination of employment benefit that is equal to the participant's vested interest in his accrued benefit as of the date of his termination of employment. (2) a. A participant's vested interest in his accrued benefit shall be the following percentage of his accrued benefit, based upon such participant's full years of credited service as of the date of his termination of employment: TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 10 Years of Credited Service 0% 10 years or more 100% TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR NON-HAZARDOUS DUTY EMPLOYEES VESTED INTEREST 4 Less than 5 Years of Credited Service 0% 5 years or more 100% ***** 4. Except as provided in this First Addendum, all other terms and conditions of the CBA remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Second Addendum on this October _____, 2022. FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT ____________________________ Name, FOP President CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9620-22 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Human Resources Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances Sections 2.412, 2.416, and 2.419 to increase the multiplier and reduce the vesting period for non-hazardous employees and pass Ordinance 9620-22 on first reading. SUMMARY: In 2012, Pension Fund changes were collectively bargained between the City and the labor unions. The agreed upon changes were ratified by the unions, and subsequently approved by City Council and were presented to the citizens of Clearwater through a public referendum. The applicable changes to the Pension Fund applied to the non-hazardous employees who were not eligible to retire as of the effective date of the ordinance (January 1, 2013). Those changes included: 1. The employees’ pension benefit multiplier was decreased from 2.75% to 2%. 2. The annual 1.5% COLA was delayed by five years on all pensionable earnings for years of service after the effective date of the restated ordinance (January 1, 2013). In 2022, as a result of review of market with regard to pay and benefits, staff began collectively bargaining changes to the Pension Fund for CWA Local 3179 (CWA) and non-hazardous duty FOP employees. As of October 2022, the City and CWA, and the City and FOP, reached tentative agreements which provide for the following changes to the Pension Fund: 1. The pension benefit multiplier for non-hazardous duty employees would increase from 2% to 2.5%. 2. The vesting period for non-hazardous duty employees would be reduced from ten years to five years. These proposed pension benefit changes have been estimated by the City’s actuary to cost the City approximately $570,000 in the first year after implementation and approximately $52 million over the next 30 years, equivalent to a discounted present value cost of $19 million. The Fund’s actuary has provided the estimated cost for the proposed changes, but the City also is required to have the actuary complete an actuarial impact statement for the State Division of Retirement; this requirement is attached. Page 1 City of Clearwater Printed on 10/26/2022 File Number: 9620-22 On August 31, 2022, the CWA ratified the proposed changes as stated herein, and on October 10, 2022, the FOP ratified the same changes. As participants in the non-hazardous pension plan, non-represented SAMP employees will receive the same updated pension benefits. Since the proposed changes have been mutually agreed upon, a referendum is not required to implement. APPROPRIATION CODE AND AMOUNT: A future budget amendment may be required in FY 2022/2023 to cover increases related to the pension plan adjustments. Page 2 City of Clearwater Printed on 10/26/2022 August 26, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Actuarial Impact Statement Dear Jay: As requested, we have prepared the enclosed Actuarial Impact Statement to illustrate the first-year impact of the proposed Ordinance which would amend the City of Clearwater Employees’ Pension Plan (Plan) by reducing the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increasing the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Please note that the results shown in this Impact Statement, both before and after the Plan changes detailed above, reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. Please have a Board member sign the enclosed Statement and send the Statement along with a copy of the proposed Ordinance to the Division of Retirement prior to the second reading of the proposed Ordinance. Summary of Findings • The Required City Contribution in the first year would increase by $568,415 or 0.60% of total covered payroll (1.04% of covered payroll for Non-Hazardous Duty members). • The Actuarial Accrued Liability (AAL) would increase by $2,698,651 (from $1,074,042,291 to $1,076,740,942). • The funded ratio (not including the Credit Balance in the Actuarial Value of Assets) would decrease by 0.28% (from 110.81% to 110.53%). Mr. Jay Ravins August 26, 2022 Page 2 Actuarial Assumptions and Methods Except as indicated above, all methods, assumptions, and other benefit provisions are the same as described in our January 1, 2022 Actuarial Valuation Report. The assumed termination and retirement rates used in the valuation were not modified in this impact statement, but the changes being considered may impact future termination and retirement experience. If the proposed changes are adopted, we recommend that the termination and retirement rates be reviewed and revised periodically to reflect emerging experience. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of this study does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. Mr. Jay Ravins August 26, 2022 Page 3 The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the Board of Trustees for the City of Clearwater Employees’ Pension Plan and is intended for use by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. This report is intended to describe the financial effect of the proposed plan changes on the retirement system. Potential effects on other benefit plans were not considered. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. GRS is not responsible for unauthorized use of this report. The calculations in this report are based upon information furnished by the City for the January 1, 2022 Actuarial Valuation Report and the Actuarial Impact Statement dated July 29, 2022 concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City. The actuarial assumptions and methods, financial data, and participant census data utilized in these calculations are the same actuarial assumptions and methods, financial data, and participant census data used in the Actuarial Valuation as of January 1, 2022 as presented in our Report dated April 26, 2022, except for the changes noted above. Mr. Jay Ravins August 26, 2022 Page 4 If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. If there are any questions or if we can be of further assistance, please contact us. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 5 CITY OF CLEARWATER EMPLOYEES’ PENSION PLAN Impact Statement – August 26, 2022 Description of Amendments The proposed ordinance would amend the Plan by reducing the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increasing the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 6 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Clearwater Employees’ Pension Plan Valuation Date January 1, 2022 Date of Report August 26, 2022 Report Requested by Board of Trustees Prepared by Gabriel, Roeder, Smith & Company Group Valued All active and inactive members. Benefits Being Considered for Change The proposed ordinance would amend the Plan as follows: Reduce the service requirement for Non-Hazardous Duty members to become 100% vested from 10 years to 5 years of Credited Service and increase the benefit multiplier prospectively for post-December 31, 2012 Non-Hazardous Duty hires from 2% to 2.5% for Credited Service accrued after September 30, 2022. Participants Affected The vesting change applies to all Non-Hazardous Duty members who were hired after September 30, 2012 and are actively employed on or after October 1, 2022. The benefit multiplier change applies to all Non-Hazardous Duty members who were hired after December 31, 2012 and are actively employed on or after October 1, 2022. Actuarial Assumptions and Methods Same Actuarial Assumptions and Methods used in the January 1, 2022 Actuarial Valuation. Some of the key assumptions/methods are: Investment Return: 6.50% Salary Increases: 2.75% to 7.60%, depending on service and employment classification Cost Method: Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 17 years, based on the average expected future service of the active members affected by the amendment. Summary of Data Used in Report See attached page; same as the data used in the January 1, 2022 Actuarial Valuation. 7 Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations Since the Plan remains fully funded as of January 1, 2022 after reflecting the liability increase for the proposed Plan change described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The cost impact shown on the enclosed exhibit represents the change in the Normal Cost of the Plan only. If the Plan were not fully funded, the hypothetical cost increase including a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan change would be $835,328 instead of $568,415. 8 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 12,017,928 3,858,839 4,491,787 3,667,302 F.ADC if Paid on the Valuation Date: D+E 12,017,928 3,858,839 4,491,787 3,667,302 G.ADC Adjusted for Frequency of Payments 12,799,094 4,109,664 4,783,753 3,905,677 H.ADC as % of Covered Payroll 13.61 %7.50 %22.30 %21.92 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 12,799,094 4,109,664 4,783,753 3,905,677 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 12,787,094 4,109,664 4,776,753 3,900,677 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 13.59 %7.50 %22.27 %21.89 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 P.Change in REC in Contribution Year 568,415 568,415 0 0 Q.Change in REC as % of Covered Payroll in Contribution Year 0.60 %1.04 %0.00 %0.00 % ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 9 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 11,484,205 3,325,116 4,491,787 3,667,302 F.ADC if Paid on the Valuation Date: D+E 11,484,205 3,325,116 4,491,787 3,667,302 G.ADC Adjusted for Frequency of Payments 12,230,679 3,541,249 4,783,753 3,905,677 H.ADC as % of Covered Payroll 13.00 %6.46 %22.30 %21.92 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 12,230,679 3,541,249 4,783,753 3,905,677 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 12,218,679 3,541,249 4,776,753 3,900,677 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.99 %6.46 %22.27 %21.89 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 10 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 438,323,325 $ 195,166,973 $ 132,183,013 $ 110,973,339 b. Vesting Benefits 43,070,172 31,931,079 6,508,958 4,630,135 c. Disability Benefits 23,332,405 4,061,301 11,265,294 8,005,810 d. Preretirement Death Benefits 5,628,580 3,518,110 1,104,571 1,005,899 e. Return of Member Contributions 2,250,755 1,101,724 660,464 488,567 f. Total 512,605,237 235,779,187 151,722,300 125,103,750 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,246,524,976 605,402,552 377,343,791 263,778,633 C.Actuarial Accrued (Past Service) Liability 1,076,740,942 543,888,550 316,534,086 216,318,306 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(113,405,467) (62,823,284) (30,596,564) (19,985,619) J.Funded Ratio = E.2. / C.113.67%114.67%112.81%112.42% K.Funded Ratio Excluding Credit Balance = E.3. / C.110.53%111.55%109.67%109.24% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 11 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 433,429,893 $ 190,273,541 $ 132,183,013 $ 110,973,339 b. Vesting Benefits 38,600,033 27,460,940 6,508,958 4,630,135 c. Disability Benefits 23,237,157 3,966,053 11,265,294 8,005,810 d. Preretirement Death Benefits 5,472,520 3,362,050 1,104,571 1,005,899 e. Return of Member Contributions 4,099,684 2,950,653 660,464 488,567 f. Total 504,839,287 228,013,237 151,722,300 125,103,750 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,238,759,026 597,636,602 377,343,791 263,778,633 C.Actuarial Accrued (Past Service) Liability 1,074,042,291 541,189,899 316,534,086 216,318,306 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(116,104,118) (65,521,935) (30,596,564) (19,985,619) J.Funded Ratio = E.2. / C.113.96%115.25%112.81%112.42% K.Funded Ratio Excluding Credit Balance = E.3. / C.110.81%112.11%109.67%109.24% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 12 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $14,064,080 $5,127,343 $4,841,561 $4,095,176 2.Vesting 2,837,514 1,966,591 502,014 368,909 3.Disability Benefits 2,091,005 320,374 1,008,502 762,129 4.Death Benefits 242,443 139,521 49,375 53,547 5.Refund of Contributions 745,111 519,100 124,682 101,329 6.Total for Future Benefits 19,980,153 8,072,929 6,526,134 5,381,090 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 20,312,975 8,242,799 6,623,108 5,447,068 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 12,017,928 3,858,839 4,491,787 3,667,302 E. Employer Normal Cost as % of Covered Payroll 12.78%7.04%20.94%20.58% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - AFTER NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 13 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $13,736,099 $4,799,362 $4,841,561 $4,095,176 2.Vesting 2,496,928 1,626,005 502,014 368,909 3.Disability Benefits 2,085,171 314,540 1,008,502 762,129 4.Death Benefits 232,646 129,724 49,375 53,547 5.Refund of Contributions 895,586 669,575 124,682 101,329 6.Total for Future Benefits 19,446,430 7,539,206 6,526,134 5,381,090 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 19,779,252 7,709,076 6,623,108 5,447,068 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 11,484,205 3,325,116 4,491,787 3,667,302 E. Employer Normal Cost as % of Covered Payroll 12.21%6.07%20.94%20.58% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - BEFORE NON-HAZARDOUS PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 The results shown above reflect the proposed amendment to Plan provisions for Firefighters previously reflected in the Actuarial Impact Statement dated July 29, 2022. 14 ACTIVE MEMBERS Number 1,510 1,083 232 195 Covered Annual Payroll $94,070,686 $54,799,503 $21,449,955 $17,821,228 Average Annual Payroll $62,298 $50,600 $92,457 $91,391 Average Age 44.1 45.6 39.4 41.0 Average Past Service 10.6 10.3 10.9 11.6 Average Age at Hire 33.5 35.3 28.5 29.4 RETIREES & BENEFICIARIES Number 1,263 805 273 185 Annual Benefits $50,117,248 $27,967,892 $13,384,612 $8,764,744 Average Annual Benefit $39,681 $34,743 $49,028 $47,377 Average Age 68.1 69.9 64.0 66.5 DISABILITY RETIREES Number 127 34 51 42 Annual Benefits $4,317,063 $750,101 $2,064,856 $1,502,106 Average Annual Benefit $33,993 $22,062 $40,487 $35,764 Average Age 65.5 71.1 61.9 65.4 TERMINATED VESTED MEMBERS Number 79 58 13 8 Annual Benefits $1,669,968 $1,091,817 $382,769 $195,382 Average Annual Benefit $21,139 $18,824 $29,444 $24,423 Average Age 49.0 50.9 44.7 42.7 PARTICIPANT DATA - BEFORE AND AFTER PLAN CHANGES January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire May 18, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Current Plan versus Alternative Scenario with 30-Year Projections for Nonhazardous Duty Members Dear Jay: Gabriel, Roeder, Smith & Company (GRS) has been engaged by the City of Clearwater to prepare projections of costs for the City of Clearwater Employees’ Pension Plan (Plan). This letter presents 30- year projections of the cost for Nonhazardous Duty members of the current pension plan and one alternative scenario. It also includes a discussion of risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of January 1, 2022. The enclosed exhibits present the following: 1. Baseline Projection: 30-year projections of current pension plan benefits using the current assumptions and methods as described in the January 1, 2022 Actuarial Valuation Report dated April 26, 2022. The projections were prepared assuming that the actual market returns match the investment return assumption each year, including an assumed 6.50% return on the market value of assets for every year of the projection period. Current pension benefits to Nonhazardous Duty members include the following: • Vesting: Members become 100% vested after completing 10 years of Credited Service. • Benefit for Post-2012 Hires: 2.00% of Average Final Compensation multiplied by years of Credited Service. 2. Alternative Scenario: Same as the Baseline Projection EXCEPT: • Vesting: Nonhazardous Duty Members would become 100% vested after completion of 5 years of Credited Service. • Benefit for Post-2012 Hires: The benefit multiplier for Nonhazardous Duty post-2012 hires would be increased from 2.00% to 2.50% for future Credited Service. Mr. Jay Ravins May 18, 2022 Page 2 For purposes of the projection study, the proposed Plan changes are assumed to become effective on January 1, 2022. A later effective date would not be anticipated to have a material impact on the projection results. Except as indicated above, all methods, assumptions, and other benefit provisions are the same as described in our January 1, 2022 Actuarial Valuation Report. The assumed termination and retirement rates used in the valuation were not modified in this study, but the changes being considered may impact future termination and retirement experience. If the proposed changes are adopted, we recommend that the termination and retirement rates be reviewed and revised periodically to reflect emerging experience. Since the Plan remains fully funded as of January 1, 2022 after reflecting the liability increases for the proposed Plan changes described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The projected cost impacts shown on the enclosed exhibit represent the change in the Normal Cost of the Plan only since the Plan is projected to remain fully funded based on the assumptions detailed in this study. In order to model the projected impact on the City’s contribution requirements if the Plan were not fully funded, the last column of the exhibit shows a hypothetical cost increase that includes a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan changes. Per the Plan’s Funding Policy, the amortization period for the UAL payment is based on the average expected future service of the active members affected by the Plan change. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: Mr. Jay Ravins May 18, 2022 Page 3 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the City of Clearwater and is intended for use by the City and those designated or approved by the City or the Board of Trustees. This report may be provided to parties other than the City and Board only in its entirety and only with the permission of the City and Board. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to Plan benefits. This report should not be relied on for any purpose other than the purpose described. Mr. Jay Ravins May 18, 2022 Page 4 The calculations in this report are based upon information furnished by the Plan Administrator for the January 1, 2022 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to exactly match the actuarial assumptions, including the assumed investment return on the market value of assets. Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) at their dates of employment as those of current members hired between January 1, 2017 and January 1, 2022 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. In the event that more than one plan change is being considered, it is very important to remember that the results of separate actuarial valuations cannot generally be added together to produce a correct estimate of the combined effect of all of the changes. The total can be considerably greater than the sum of the parts due to the interaction of various plan provisions with each other, and with the assumptions that must be used. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Mr. Jay Ravins May 18, 2022 Page 5 Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 6 $ Amount % of Pay $ Amount % of Pay 2023 54,799,503 3,541,249 6.46%112%54,799,503 4,136,902 7.55%112%595,653 876,467 2024 55,499,294 3,420,523 6.16%117%55,499,294 4,115,994 7.42%116%695,471 976,285 2025 56,277,448 3,317,961 5.90%123%56,277,448 4,110,475 7.30%122%792,513 1,073,327 2026 57,142,288 3,225,565 5.64%128%57,142,288 4,112,471 7.20%127%886,907 1,167,721202758,107,951 3,150,753 5.42%131%58,107,951 4,128,267 7.10%130%977,514 1,258,328 2028 59,064,340 3,079,949 5.21%133%59,064,340 4,147,159 7.02%132%1,067,210 1,348,024 2029 60,165,432 3,023,265 5.02%135%60,165,432 4,176,660 6.94%133%1,153,396 1,434,210 2030 61,316,899 2,970,985 4.85%137%61,316,899 4,210,220 6.87%135%1,239,235 1,520,049 2031 62,515,730 2,929,611 4.69%139%62,515,730 4,251,916 6.80%137%1,322,305 1,603,119 2032 63,741,180 2,897,289 4.55%141%63,741,180 4,300,441 6.75%139%1,403,152 1,683,966 2033 65,000,651 2,869,546 4.41%144%65,000,651 4,354,497 6.70%141%1,484,951 1,765,765203466,357,706 2,850,238 4.30%147%66,357,706 4,413,787 6.65%144%1,563,548 1,844,362 2035 67,749,582 2,838,306 4.19%149%67,749,582 4,478,337 6.61%146%1,640,031 1,920,845 2036 69,174,327 2,835,289 4.10%153%69,174,327 4,550,590 6.58%149%1,715,301 1,996,115 2037 70,676,340 2,843,316 4.02%156%70,676,340 4,631,316 6.55%152%1,788,001 2,068,815 2038 72,207,745 2,854,723 3.95%160%72,207,745 4,716,154 6.53%154%1,861,431 2,142,245 2039 73,824,987 2,878,234 3.90%163%73,824,987 4,810,134 6.52%158%1,931,900 2,212,714 2040 75,486,239 2,906,796 3.85%168%75,486,239 4,905,646 6.50%161%1,998,850 1,998,850204177,198,961 2,940,356 3.81%172%77,198,961 5,004,674 6.48%164%2,064,318 2,064,318 2042 78,940,718 2,978,396 3.77%177%78,940,718 5,106,272 6.47%168%2,127,876 2,127,876204380,725,764 3,019,928 3.74%182%80,725,764 5,211,684 6.46%172%2,191,757 2,191,757 2044 82,547,476 3,065,278 3.71%187%82,547,476 5,320,637 6.45%176%2,255,359 2,255,359 2045 84,385,598 3,114,098 3.69%192%84,385,598 5,431,277 6.44%180%2,317,179 2,317,179 2046 86,290,276 3,168,801 3.67%198%86,290,276 5,546,831 6.43%184%2,378,031 2,378,031 2047 88,234,933 3,227,266 3.66%204%88,234,933 5,665,433 6.42%189%2,438,167 2,438,167 2048 90,243,825 3,290,200 3.65%210%90,243,825 5,789,209 6.42%193%2,499,009 2,499,009 2049 92,247,921 3,354,613 3.64%217%92,247,921 5,914,085 6.41%198%2,559,472 2,559,472205094,286,534 3,421,108 3.63%224%94,286,534 6,041,370 6.41%203%2,620,262 2,620,262 2051 96,366,988 3,491,240 3.62%231%96,366,988 6,173,227 6.41%208%2,681,986 2,681,986 2052 98,484,625 3,564,412 3.62%238%98,484,625 6,308,848 6.41%213%2,744,437 2,744,437 Total 93,069,292 146,064,511 52,995,219 57,769,057 Total Present Value at 6.50%43,203,641 63,164,469 19,960,827 22,984,566 Assumptions Investment Return Assumption and Actual Return on Plan Assets 6.50% Increase in Administrative Expenses Per Year 2.25% No future actuarial experience gains or losses All other assumptions and methods are the same as those used in the January 1, 2022 Actuarial Valuation Report City of Clearwater Employees' Pension Plan 30-Year Projection of Actuarially Determined Contributions for Nonhazardous Duty Members Current Plan Provisions Alternative Scenario: 5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members Actuarially Determined Contribution Funded Ratio on Valuation Date Actuarially Determined Contribution Funded Ratio on Valuation Date Hypothetical Cost / (Savings) Incl UAL Pmt Pensionable Payroll Fiscal Year Ending Pensionable Payroll Cost / (Savings) as $ Amount 7 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 Projected City Contributions ($)(Millions)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Nonhazardous Duty Members Current Plan (No Changes) Alternative Scenario (5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members) 8 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%Projected City Contributions (% of Pay)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Nonhazardous Duty Members Current Plan (No Changes) Alternative Scenario (5-Year Vesting for All Nonhazardous Duty Members and Increase Multiplier by 0.50% Prospectively for Post-2012 Nonhazardous Duty Members) 1 ORDINANCE NO. 9620-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES’ PENSION PLAN, TO IMPLEMENT NEGOTIATED BENEFITS FOR NON-HAZARDOUS EMPLOYEES; AMENDING SECTION 2.412 TO REVISE THE DEFINITIONS OF NORMAL RETIREMENT DATE AND VESTING; AMENDING SECTION 2.416 TO PROVIDE FOR FIVE YEAR VESTING AND A 2.5% MULTIPLIER FOR SERVICE EARNED ON OR AFTER OCTOBER 1, 2022; AMENDING SECTION 2.419 TO PROVIDE FOR FIVE YEAR VESTING; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Plan (the “Plan”) governs the payment of retirement benefits for City employees; WHEREAS, the City, CWA, and FOP recently negotiated to revise the Plan for non-hazardous duty employees; WHEREAS, the Plan’s actuary has studied the cost of this amendment; WHEREAS, the Board of Trustees of the City of Clearwater Employees’ Pension Fund has prepared this ordinance in consultation with labor and management. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.412 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Section 2.412. Definitions. ***** Normal retirement date shall mean (1) For non-hazardous duty employees hired prior to the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 55 years and completed 20 years of credited service, or b. The date on which a participant has completed 30 years of credited service regardless of age, or 2 c. The date on which a participant has reached the age of 65 years and completed ten years of credited service. (2) For non-hazardous duty employees hired on or after the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or b. The date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, for non-hazardous duty employees, normal retirement date shall mean the earlier of: c. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or d. The date on which a participant has reached the age of 65 years and completed five years of credited service. (3) For hazardous duty employees, the date on which a participant has completed 20 years of credited service, or reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (4) For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. ***** Vesting shall mean the attainment of ten years of creditable service, at which time the member is entitled to service retirement benefits and non-service disability under the terms of the plan. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. ***** Section 2: Section 2.416 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Section 2.416. Normal retirement benefit. (a) For non-hazardous duty employees hired prior to the effective date of this 3 restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached the age of 65 years and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. For hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed 20 years of credited service regardless of age, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty; or the date on which the participant has reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (b) For non-hazardous duty employees hired prior to the effective date of this restatement, the normal retirement benefit shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. For non-hazardous duty employees hired on or after the effective date of this restatement, the normal retirement benefit for all credited service shall be determined by multiplying two percent of final average monthly compensation by the number of years of credited service. Effective October 1, 2022 for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be two and one half percent (2.5%). For hazardous duty employees, the normal retirement benefit for all credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty, shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. ***** Section 3: Section 2.419 of the Code of Ordinances of the City of Clearwater is hereby amended as follows: 4 Section 2.419. Termination of employment benefit. (1) In the event a participant's employment with his employer is terminated for reasons other than retirement, disability or death, such participant shall be entitled to receive a termination of employment benefit that is equal to the participant's vested interest in his accrued benefit as of the date of his termination of employment. (2) a. A participant's vested interest in his accrued benefit shall be the following percentage of his accrued benefit, based upon such participant's full years of credited service as of the date of his termination of employment: TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 10 Years of Credited Service 0% 10 years or more 100% TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR NON-HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 5 Years of Credited Service 0% 5 years or more 100% ***** Section 4: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 5: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 6: All ordinances or parts of ordinances, resolutions, or parts of resolutions in 5 conflict herewith are hereby repealed to the extent of such conflict. Section 7: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1151 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve the second addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) SUMMARY: The collective bargaining agreement between the City of Clearwater and Communication Workers of America, Local 3179 expires on September 30, 2023. The parties have reached a tentative agreement for an amendment to this contract, to be effective October 1, 2022, which was ratified by the membership. The amendment is for the implementation of a reduced vesting period and increased multiplier. Effective October 1, 2022, for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be 2.5%. This is an increase from the previous multiplier of 2%. The vesting period for these employees is reduced to five years, from the previous vesting period of ten years. This change to the City’s Pension Plan will occur through Ordinance 9620-22. APPROPRIATION CODE AND AMOUNT: A future budget amendment may be required in FY 2022/2023 to cover increases related to the pension plan adjustments. Page 1 City of Clearwater Printed on 10/26/2022 1 SECOND ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF CLEARWATER AND CWA LOCAL 319 This Second Addendum is entered into by and between the City of Clearwater and Communication Workers of America, Local 3179. For good and valuable consideration, the Parties hereto agree and acknowledge as follows: The Parties have entered into a Collective Bargaining Agreement covering the period October 1, 2020 through September 30, 2023 (“CBA”). In June 2022, the Parties mutually agreed to reopen the CBA for the purpose of discussing wages, vacation, and pension. On September 15, 2022, the City Council approved the First Addendum which amended articles relating to wages and vacation. This Second Addendum involves changes to the City of Clearwater Employees’ Pension Plan. 1. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.412 shall be amended as follows: Section 2.412. Definitions. ***** Normal retirement date shall mean (1) For non-hazardous duty employees hired prior to the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 55 years and completed 20 years of credited service, or b. The date on which a participant has completed 30 years of credited service regardless of age, or c. The date on which a participant has reached the age of 65 years and completed ten years of credited service. (2) For non-hazardous duty employees hired on or after the effective date of this restatement, the earlier of: a. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or b. The date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, for non-hazardous duty employees, normal retirement date shall mean the earlier of: c. The date on which a participant has reached the age of 60 years and completed 25 years of credited service, or d. The date on which a participant has reached the age of 65 years and 2 completed five years of credited service. (3) For hazardous duty employees, the date on which a participant has completed 20 years of credited service, or reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (4) For this purpose, a participant's service shall be deemed "hazardous duty" if the participant is a full-time sworn police officer certified in accordance with F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with F.S. § 633.35, and he is employed in police or fire positions as established by the employer. ***** Vesting shall mean the attainment of ten years of creditable service, at which time the member is entitled to service retirement benefits and non-service disability under the terms of the plan. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. ***** 2. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.416 shall be amended as follows: Section 2.416. Normal retirement benefit. (a) For non-hazardous duty employees hired prior to the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 55 years and completed 20 years of credited service; the date on which a participant has reached the age of 65 years and completed ten years of credited service; or the date on which a member has completed 30 years of service regardless of age. For non-hazardous duty employees hired on or after the effective date of this restatement, a member shall be eligible for retirement following the earlier of the date on which a participant has reached the age of 60 years and completed 25 years of credited service; or the date on which a participant has reached the age of 65 years and completed ten years of credited service. Effective October 1, 2022, vesting for non-hazardous duty employees shall mean the attainment of five (5) years of creditable service. For hazardous duty employees, a member shall be eligible for retirement following the earlier of the date on which the participant has completed 20 years of credited service regardless of age, which service is of a character or type of employment that is described 3 herein as "hazardous duty" or that the trustees have designated as hazardous duty; or the date on which the participant has reached the age of 55 years and completed ten years of credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty. (b) For non-hazardous duty employees hired prior to the effective date of this restatement, the normal retirement benefit shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. For non-hazardous duty employees hired on or after the effective date of this restatement, the normal retirement benefit for all credited service shall be determined by multiplying two percent of final average monthly compensation by the number of years of credited service. Effective October 1, 2022 for non-hazardous duty employees, the normal retirement benefit multiplier for all credited service earned after October 1, 2022 shall be two and one half percent (2.5%). For hazardous duty employees, the normal retirement benefit for all credited service, which service is of a character or type of employment that is described herein as "hazardous duty" or that the trustees have designated as hazardous duty, shall be determined by multiplying two and three quarter percent of final average monthly compensation by the number of years of credited service. ***** 3. As a result of the foregoing, the City of Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, Section 2.419 shall be amended as follows: Section 2.419. Termination of employment benefit. (1) In the event a participant's employment with his employer is terminated for reasons other than retirement, disability or death, such participant shall be entitled to receive a termination of employment benefit that is equal to the participant's vested interest in his accrued benefit as of the date of his termination of employment. (2) a. A participant's vested interest in his accrued benefit shall be the following percentage of his accrued benefit, based upon such participant's full years of credited service as of the date of his termination of employment: TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 10 Years of Credited Service 0% 10 years or more 100% 4 TOTAL NUMBER OF FULL YEARS OF CREDITED SERVICE FOR NON-HAZARDOUS DUTY EMPLOYEES VESTED INTEREST Less than 5 Years of Credited Service 0% 5 years or more 100% ***** 4. Except as provided in this Second Addendum, all other terms and conditions of the CBA remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Second Addendum on this October _____, 2022. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3179 ____________________________ Ron Rice, President CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1087 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize purchase orders to Average Joe Landscape LLC, Botanical Dimensions, Inc., J and J Diversified dba Diversified Landscape Maintenance, Earth Designs, and MMM Property Maintenance and Lawn LLC for citywide landscaping services in the cumulative not-to-exceed amount of $803,000.00 for the 11-month term beginning November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of $876,000.00 with the option for two one-year term extensions pursuant to Invitation to Bid 35-22, Landscaping Maintenance Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 22, 2022, Invitation to Bid (ITB) #35-22 for Landscaping Maintenance Services was issued. The Scope of Services consists of nine zones covering over 650 properties throughout the City. Zones 1 - 6 will be managed by the Public Works Department until such time as their operations can provide the needed maintenance with city staff. Zones 7 and 9 will be managed by Parks and Recreation department and Zone 8 by the Public Utilities department. Properties managed by Public Works will include rights-of-way, medians, and public buildings; Parks and Recreation will manage city parks and ballfields; Public Utilities as an enterprise fund will manage their properties. Vendors were asked to provide landscape maintenance services to the various properties which included, but are not limited to, turf maintenance, palm and tree maintenance, shrub, and groundcover maintenance, weed control, mulch maintenance, and litter removal. Council authorization is requested for an annual not-to exceed award of $876,000.00 to cover the City’s current needs as well as additional properties as they are added to a zone, supplemental work that may be requested, annual CPI contract increases, and other contractual management requirements. The award recommendation are as follows: Zone 1: Beach Diversified Landscape Maintenance Zone 2: Countryside MMM Property Maintenance and Lawn, LLC Zone 3: Downtown Average Joe Landscape, LLC Zone 4: East Earth Designs Zone 5: Northwest Average Joe Landscape LLC Zone 6: Southwest Botanical Dimensions Page 1 City of Clearwater Printed on 10/26/2022 File Number: ID#22-1087 Zone 7: Ballfields Botanical Dimensions Zone 8: Public Utilities MMM Property Maintenance and Lawn, LLC Zone 9: Parks & Recreation Diversified Landscape Maintenance The award methodology is based on several components including low bid and vendor capacity which has been summarized below: Average Joe Landscape, LLC: Zone 3: Downtown (incumbent) and Zone 5: Northwest (incumbent) •Second low bid on Zone 3 (reference Earth Designs below) and low bid on Zone 5 Botanical Dimensions: Zone 6: Southwest (incumbent) and Zone 7: Ballfields (incumbent) ·Low bid on both zones. Due to vendor capacity and past performance, awarding only two sites to Botanical Dimensions. Diversified Landscape Maintenance: Zone 1: Beach (incumbent) and Zone 9: Parks & Recreation (new) •Low bid on Zone 1 low bid and second low bid on Zone 9 (reference Botanical Dimensions above) Earth Designs: Zone 4: East (incumbent) •Low bid on Zones 1, 3, 4. Vendor requested only one (1) zone (Zone 4: East) MMM Property Maintenance: Zone 2: Countryside (new) and Zone 8: Public Utilities (incumbent) •Second low bid on Zone 2 (reference Earth Designs above) and second low bid on Zone 8 (reference Botanical Dimensions above). In the event a vendor is under performing in any zone, authorization is requested to use the second lowest most responsible vendor for that zone. APPROPRIATION CODE AND AMOUNT: Funding is available in 0101867-530300 for Public Works Department, Zones 1-6; Parks and Recreation Department Zone 7 & 9 and 4212051-530400 for the Utility Department, Zone 8. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/26/2022 1) Aero Groundtek, LLC 2) Average Joe Landscape, LLC 858 Maguire Rd 9820 Sunbeam Dr Ocoee, FL 34761 New Port Richey, FL 34654407-877-7473 813-267-9914 3) Botanical Dimensions 4) J & J Diversified, LLC P.O. Box 13257 D/B/A Diversified Landscape Maintenance Tampa, FL 33681 P.O. Box 1883 813-831-6689 Pinellas Park, FL 33780 850-509-4800 5) Earth Designs 6) MMM Property Maintenance and 2701 Sunset Point Rd Lawn Care, LLC Clearwater, FL 33759 10505 Osceola Dr 727-644-8677 New Port Richey, FL 34654 305-942-4238 Certified SBE ADVERTISED: TAMPA BAY TIMES 8/3/2022 POSTED:myclearwater.com 8/2/2022 FOR THE CITY OF CLEARWATER Due/Opening: August 31, 2022; 10:00 a.m. INVITATION TO BID No. 35-22 LANDSCAPING MAINTENNACE SERVICES Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #35-22 Landscaping Maintenance Services August 2, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, August 31, 2022, to provide Landscaping Maintenance Services. Brief Description: The City of Clearwater seeks multiple vendors to provide landscaping maintenance services at designated sites throughout the City. Nine (9) zones are represented in the bid. The award methodology will include consideration of vendor capacity and past performance (if applicable); determination that a Zone Bid is (or is not) reasonable for the work required, and that multi-zone awards may result in apparent low bidder(s) not being awarded additional zone(s). 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: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Landscaping Maintenance Services 2 ITB #35-22 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 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: August 31, 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 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS Landscaping Maintenance Services 3 ITB #35-22 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, 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. INSTRUCTIONS Landscaping Maintenance Services 4 ITB #35-22 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 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, INSTRUCTIONS Landscaping Maintenance Services 5 ITB #35-22 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Landscaping Maintenance Services 6 ITB #35-22 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: August 2, 2022 Advertise Tampa Bay Times: August 3, 2022 Bids due: August 31, 2022 Review bids: August 31 – September 9, 2022 Award recommendation: September 9, 2022 Council authorization: October 6, 2022 Contract begins: October 2022 STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 7 ITB #35-22 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 Landscaping Maintenance Services 8 ITB #35-22 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 Landscaping Maintenance Services 9 ITB #35-22 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 STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 10 ITB #35-22 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 STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 11 ITB #35-22 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. STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 12 ITB #35-22 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 STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 13 ITB #35-22 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). STANDARD TERMS AND CONDITIONS Landscaping Maintenance Services 14 ITB #35-22 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. DETAILED SPECIFICATIONS Landscaping Maintenance Services 15 ITB #35-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. 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. Work under this contract shall include the furnishing of all labor, material, equipment, supervision, transportation, and other services necessary to perform landscaping maintenance services at designated sites specified herein. Landscaping maintenance services includes, but is not limited to: mowing, edging, and trimming of lawns; removing trash, clippings, and debris from landscape, lawn areas, and hard surfaces (i.e. sidewalks, parking lots, etc.); and the maintenance of plant beds and landscape materials; at designated areas in the City of Clearwater (City). Throughout the contract term all plant material shall be maintained in a healthy, growing condition equal to or better than conditions at the beginning of the contract. Contractors will work with the Clearwater Parks and Recreation and Public Utilities Departments (also referred to herein as “respective department”) to coordinate all maintenance activities in this contract and reporting irregularities in their respective work zones. The following documents are part of this ITB:  Exhibit_A_Landscaping_Maintenance_Services_Bid_Pricing  Exhibit_B_Landscaping_Maintenance_Services_Calendar  Exhibit_C_Zone_1_Beach  Exhibit_D_Zone_2_Countryside  Exhibit_E_Zone_3_Downtown  Exhibit_F_Zone_4_East  Exhibit_G_Zone_5_Northwest  Exhibit_H_Zone_6_Southwest  Exhibit_I_Zone_7_Ballfields  Exhibit_J_Zone_8_Public Utilities  Exhibit_K_Zone_9_Parks & Recreation The City reserves the right to add and/or delete a location from the Contract with thirty days written notice. Payments for services shall be adjusted accordingly based on negotiated cost for a new site, and deduction of bid price for a deleted site. DETAILED SPECIFICATIONS Landscaping Maintenance Services 16 ITB #35-22 2.1 Contractor’s Responsibilities 2.1.1 Local Office and Representative(s) Contractors shall maintain a local office within the Tampa Bay Area with a company representative who can be reached during normal business hours 7 A.M. and 4 P.M., Monday through Friday and authorized to discuss matters pertaining to the contract with a Parks and Recreation or Public Utilities Department Representative. The Contractors will meet with a representative of the City at least once per month for a complete inspection of the maintained grounds. 2.1.2 Employees All employees of the Contractors shall at all times be considered the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. All personnel will be skilled in the field in which they work. The Contractors shall provide a list to the City, no later than thirty (30) after an Intent to Award has been issued, outlining the name(s) of employees and respective task assignments. 2.1.3 Scheduling of Work The Contractors shall perform all maintenance required between the hours of 7 A.M. and 7 P.M., Monday through Saturday, excluding observed holidays, however, the workweek is outlined on a Sunday – Saturday workweek basis. The respective department may grant, on an individual basis, permission to perform contract maintenance at other times due to extenuating circumstances. All work must be completed in a continuous manner, whereby the weeding, mowing, edging, trimming, etc., shall all be completed before leaving the job site. The City encourages the disposal of organic plant materials to a certified mulching facility. Landscape Best Management Practices for Pinellas County shall be followed. This is a mandatory training for any person(s) providing landscaping services in Pinellas County. Occasional circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the respective department of such occurrences and shall schedule to perform the required maintenance at the locations as soon as the conditions improve. Completion of Work. The Contractor will notify the respective department’s representative assigned to monitor the contract (in person, by phone or via email) of prior week’s completion prior to 8:00 A.M. Monday morning of the new week. Inspection and Approval. Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given forty-eight (48) hours from a corrective notification to take appropriate action. Only when work has been completed successfully will the City pay for services. 2.1.4 Repairs to Existing Facilities All portions of the existing structure, facility services, utility roads, and irrigation systems shall always be protected against damage or interrupted service by the Contractor. Any damage to City property as a result of the performance of work by the Contractor, shall be repaired or replaced in- kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City and shall be as directed by the respective department representative. Repairs to facilities shall be made immediately after damage or alteration occurs unless otherwise directed. The Contractor shall notify the respective department within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, theft, acts of God, or undetermined causes. Such DETAILED SPECIFICATIONS Landscaping Maintenance Services 17 ITB #35-22 repairs to the existing structures or facilities, including irrigation systems, which are not the result of the Contractor’s work, shall be repaired by the City at no cost to the Contractor. 2.1.5 Safety Requirements and Uniforms The respective department reserves the right to issue work cease orders to a Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. All grounds maintenance crews will be required to wear approved company uniform, abide by any and all company OSHA (Occupational Safety and Health Act) safety standards, and conduct themselves in a well-mannered, orderly fashion while on City properties. 2.1.6 Traffic Control and Pedestrian Safety The Contractor is responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Contractor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City (the winter tourist season is generally not an acceptable time to close traffic lanes for maintenance). The Parks and Recreation Department reserves the right to limit the hours of operation in certain high pedestrian used areas. Two-way traffic shall be maintained at all times through intersections and roadways. Closure is not permitted. The Contractor shall be fully acquainted and comply with City of Clearwater’s safety requirements and Maintenance of Traffic (MOT). Installing Contractor is responsible for all MOT coordination and notification of appropriate agencies. If applicable, the MOT plan must be submitted to and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City’s Traffic Operations Division and Parking Division, a minimum of forty-eight (48) hours in advance of scheduled operations. Any and all proposed traffic control shall conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, (600 Series), and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The Contractor shall use these guidelines whenever construction equipment is relocated or driven on existing open travel lanes. The Contractor shall position advance-warning signs as appropriate for the existing field conditions. The Contractor shall provide a crew to be responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to maintain a safe work zone. 2.1.7 Hazardous Conditions The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from performance of work. Any hazardous condition noted by the Contractor, which is not a result of performance of work, shall immediately be reported to the respective department representative. 2.1.8 Failure to Perform Satisfactorily All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and prevailing industry standards. It is agreed and understood that in the short term, if the Contractor fails to perform the work as specified herein, the respective department will only pay for the amount of service received as determined by the representative, with an appropriate downward adjustment in contract price, or may have such work performed by a third-party vendor at the expense of the Contractor. 2.1.9 Maintenance Scheduling Each location has been designated a level of service identifying the frequency of maintenance it will receive. Designations are: Level 1P, 2P, 3P; Level 1G, 2G, and 3G, etc. The specific level of DETAILED SPECIFICATIONS Landscaping Maintenance Services 18 ITB #35-22 service and scheduling is established by the City. Monthly visits should occur within the designated week, as identified in Exhibit B, Landscaping Maintenance Services Calendar unless approved by the respective department. The City reserves the right to increase or decrease the number of visits based on local conditions or other variables and such change(s) will be reflected in a base bid adjustment. The Contractor will adhere to the work schedule provided by the City (Exhibit B, Landscaping Maintenance Services Calendar). Authorized representatives of both parties must approve any variations to that schedule in writing. 2.2 Work Specifications. The Contractor shall provide the following full scope of services at each designated location during each scheduled visit. ALL services are required – the variance is only in frequency and schedule for each location. 2.2.1 Litter Removal Cleaning of the entire grounds shall be performed as part of regular maintenance. During each scheduled maintenance visit, remove trash and debris from the site. Properly dispose of the trash and debris, including cigarette butts, loose paper, and other bits of small debris. All paper, trash, leaves, twigs, branches, dead plants, trimmings, pruning and other objectionable materials shall be picked up and removed from all landscape areas as well as adjacent parking lots, driveways, underside of bridges, pedestrian bridge, sidewalks and entrances within the site limits. Remove all debris, which accumulates in the corners of the parking lots and besides parking stops. Remove all broken glass that is present in parking lot and on walkways, curbs, or other hard surfaces. All sand, gravel, and soils shall be thoroughly cleaned, swept or blown off all pavements adjacent to maintenance areas and disposed of properly off site. The Contractor shall not allow landscape debris and trash to accumulate in any area. All parking lots shall be cleaned of debris on each service event, preferably when a minimal number of cars are parked in the lots. All waste materials generated by the Contractor’s operations will be disposed of properly off-site. Under no circumstances will trash or debris be swept in or disposed of in catch basins, drainpipes, storm drains or open culverts of storm sewers. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, special events or roadside dumping will not be the responsibility of the Contractor and removal may be requested by the City as additional services. The Contractor should report such accumulations of debris when encountered. Quotations for any extraordinary cleanup from the Contractor will be considered. 2.2.2 Turf Maintenance Lawn mower blades shall be clean, kept sharp, and well-adjusted to provide a clean cut. No more than one-third (1/3) of the total grass blade shall be removed per mowing, while cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed regularly to avoid rutting. Use small mowers for difficult or tight areas where larger commercial mowing units cannot maneuver. Turf areas shall be maintained at the appropriate height indicated below: TURFGRASS MOWING HEIGHT St. Augustine Three (3) to four (4) inches* Bahia Three (3) to four (4) inches* *Higher cutting heights to be used during dry conditions Mowing shall be done optimally when the grass is dry; however, mowing wet turf is acceptable. Bagging is not required, and grass clippings can be left on the grass so long as no readily visible clumps remain on the grass surface after mowing. If clippings are excessive or diseased, they shall be removed after mowing to enhance overall turf appearance and to prevent matting, clumping, DETAILED SPECIFICATIONS Landscaping Maintenance Services 19 ITB #35-22 and thatch buildup. In the case of fungal disease outbreaks, clippings will be collected and disposed of offsite until the disease is controlled. The Contractor will clean all clippings, dirt and debris from sidewalks, curbs, storm drains, valve boxes and roadways after mowing and/or edging. Mowers should not direct discharge into the street or landscape beds, unless unavoidable. Approved deflector chutes must be attached on the discharge points of the mower. Clippings, dirt, and debris will not be swept, blown or otherwise disposed of in any landscaped bed areas, roadways, sewer drains, catch basins, drain pipes, storm drains or open culverts of storm sewers. The final appearance after mowing shall present a neat appearance. In the event that the turf becomes sparse or barren due to neglect by the Contractor, the Contractor shall repair or replace sod to meet its previous healthy condition at no additional cost to the City. Turf areas shall be kept at all times as green and healthy as possible, while maintaining a high level of appearance. Care shall be taken with mowing equipment to avoid obstructions such as trees, shrubs, utility boxes, signage, buildings, etc. Contractor shall be responsible for damage caused by its operations. Seeding and sodding is not a requirement of this Invitation to Bid. Such work may result in an additional charge to the contract, based on a request from the City for quotations and must be approved by the City in writing. Turf edging shall be performed at the same frequency as mowing and shall include walks, drives, curbs, planting bed perimeters, tree rings, storm drains, valve boxes, bollards, air reliefs, and other structures that accumulate grass around them. String trimming is not to be performed against the base of any tree or shrub. Isolated trees and shrubs growing in lawn areas require a mulched buffer area around the base of the plant to avoid bark injury from mowers and to reduce root competition from turfgrass (minimum one (1) foot radius from edge of trunk or shrub drip line). Grass adjacent to all valve boxes and quick couplers shall be trimmed to maintain a clean appearance. Grass adjacent to structures, poles, etc. that cannot be serviced by standard mowing procedures, shall be regularly trimmed using a line trimmer to eliminate uneven edges or an approved herbicide may be used to create a buffer around infrastructure and trees. Herbicides shall not be used as an "edger" adjacent to walks and curbs but may be used around shrubs and trees by a certified applicator with the written approval of the City. 2.2.3 Palm Maintenance Palm Pruning is required to regularly remove dead fronds and sucker growth to provide an attractive and clean trunk as characteristic of each particular palm species, limited to fronds reachable under twelve (12) feet high. Remove dead or unsightly fronds and seed heads from palms. No green palm fronds shall be removed unless the foliage is interfering with access for pedestrians, bike riders or vehicular traffic. Dead, yellowing or unsightly fronds should be removed as needed in routine maintenance. The objective is to retain the arching form of the fronds. Care shall be taken not to cause trauma or damage to the bud during pruning. Saws shall be sterilized, using standard ISA sterilization protocols, between each Phoenix dactlyifera ‘Medjool’ palms as to not cross contaminate other trees. Remove only the dead descending fronds below the “9-to-3 o’clock” horizontal line; only palms dead or yellowing shall be removed above the “9-to-3 o’clock” horizontal line under (12) feet high. No spikes or sharp objects are to be used that would penetrate the trunk during pruning; ladders or “cherry picker” type vehicles shall be used to accomplish this task. Palm trunks shall be maintained with a neat, rounded classic cut on all boots. All dead and/or pruned fronds, seeds, seed heads and suckers are to be removed from the site the same day and disposed of properly by the Contractor. Contractor shall be responsible for removing any fronds that are nicked by the saws but do not drop until later. Additionally, palms should be routinely checked for signs of distress or disease in the trunks, buds or fronds. Any evidence of disease affecting the palms is to be promptly reported to the respective department representative. DETAILED SPECIFICATIONS Landscaping Maintenance Services 20 ITB #35-22 In the event an extraordinary amount of debris caused by severe storm damage, hurricanes, tornadoes or vandalism; clean up and removal of all fallen or broken palm tree branches shall be the responsibility of the City. The Contractor shall notify the City of any large amounts of debris. Such work may result in a request from the City for quotations and must be approved by the City in writing. 2.2.4 Shrub and Groundcover Maintenance Pruning is defined as the selective elimination of branches to maintain or improve the size or shape of a plant. Trimming is defined for shrubs and ground cover as cutting of the overall tips of a plant to give a smooth, squared, hedge-like appearance. The growth characteristics of some plant species require pruning; others require trimming to look their best. All plant materials shall be maintained in a neat, well-manicured fashion at all times. All shrubs and ground covers shall be pruned to maintain the suitable size and character of the plant. No shrubs or groundcovers shall be allowed to grow above the Florida Department of Transportation (FDOT) "Clear Sight Window" Criteria when in sight visibility triangle. Plants that have a natural "unpruned" form should be selectively pruned, except for removal of dead or damaged branches and leaves or to maintain a certain height required by the plant material usage. These shrubs will be pruned with hand shears as needed to provide an informal shape, fullness and bloom. Examples of these types of plants are Parson's Juniper, Bird of Paradise, Crinum Lily, Cardboard Palm, King Sago, Heavenly Bamboo, Split- Leaf Philodendron, Red Fountain Grass and Schefflera. Plants used as linear hedges or borders should be trimmed squarely with top of hedge slightly narrower than the bottom to facilitate exposure to sun and prevent heavy shading of lower foliage. Use a "rounding" method when the hedge forms the bordering edge of a serpentine bed design, in which case round only vertical faces of border. As new foliage fills in, remove excessively long branches to encourage fullness and good shape. Examples of these types of plants are Pittosporum, Podocarpus, Silverthorn, Oleander, Boxthorn, Viburnum and Indian Hawthorn. Groundcover species shall be confined within the perimeter of the planting bed and shall be maintained a minimum of twelve (12) inches away from building structures. Groundcovers shall be edged and maintained along all hardscapes with each site visit. Supplemental top shearing may be required to present a neat appearance. In addition, all climbing vine-like groundcovers shall not climb up through other plant species within planting bed or structures, unless specified by the City. Examples of groundcover types include Confederate Jasmine, Lantana, Liriope, Aztec grass, Ivy, Ornamental Sweet Potato and Perennial Peanut. During the growing season (March-October), all high maintenance shrubs and groundcovers may require additional trimming during each visit. All low maintenance shrubs and groundcovers will be trimmed as needed. During the winter season (November-February) all shrubs and groundcovers shall be trimmed as needed to maintain a neat appearance. Ornamental grass species shall be renewal pruned down to eight (8) to twelve (12) inches in height in late February each year. Perennial Peanut shall be maintained between three (3) to six (6) inches in height and shall be mowed and/or line trimmed during one (1) monthly visit in the months of April, June, and August, or unless changed by the request of the respective department representative. Do not trim or shear shrubs into topiary forms unless specifically requested by the City. Allow shrubs to form a dense mass of plants at the height determined by the City. 2.2.5 Weed Control in Landscaped Areas The Contractor shall monitor the landscape for weeds at each scheduled service visit. All planting beds and tree rings are to be kept weed-free throughout the year to avoid competition with desirable plants, as well as to enhance the appearance of the overall design. All weeds shall be removed from landscape beds and properly disposed from the site, on the same day by the Contractor. DETAILED SPECIFICATIONS Landscaping Maintenance Services 21 ITB #35-22 Undesirable weed species shall be removed by hand or through chemical applications using City approved products according to manufacturer's recommendations and label instructions. Chemical products such as a selective, non-selective or a pre-emergent approved by the Environmental Protection Agency may be used for weed control with the City’s approval. Approved herbicide treatment shall be applied by an experienced applicator under the direct supervision of a licensed, certified pest control professional and only with the City’s approval. Weeds, which have been chemically treated, shall be removed from the landscape after overall plant color quality has changed from green to yellow. Should these chemicals damage any desirable plant material, including sod, the Contractor at no cost to the City, shall immediately replace the same size, quantity and quality of plants. "Volunteers", invasive plants and trees which germinated from seeds dropped by birds or spread by wind in a planting bed and are not of the same species, shall be declared and removed like a weed, including the roots through treatment or hand removal methods. Weeds on hardscapes such as walkways, permanent and temporary parking lots, adjacent public and private roadways, pavement cracks and any other paved areas, including rights-of-way and adjacent work areas within the contract limits, shall be removed by hand or chemically killed and removed with each service. 2.2.6 Fertilization Program The Contractor shall perform routine inspections during site visits and notify City staff of any findings – to include but not limited to: stressed plants, dying sod, etc. – which require the City’s attention. Fertilizer shall be applied by City staff. 2.2.7 Diseases and Pests The Contractor shall practice Integrated Pest Management (I.P.M.) to control insects and diseases at each site. Upon confirmation of a specific problem requiring treatment, the Contractor shall report to the City the proposed treatment. Fire ants and wasps, as well as any other damaging or health-endangering pest, will be treated promptly by the Contractor so as not to present a hazard. If the population appears to be too large for an application, it must be reported to the City for prompt treatment. The City will make alternative arrangements for any bee removal necessary. All damage occurring from improper or careless application of chemicals shall be the responsibility of the Contractor. Turf. The Contractor shall inspect turf each visit for indications of pest infestation. Diagnosis and any specific treatments shall be submitted in writing or by phone to the City for approval prior to application. Treatment program of turf areas shall be on a site-specific basis, which extends beyond the boundaries of the infestation by 25% of the area's diameter. Trees, Shrubs and Groundcovers. Any abnormalities in trees, shrubs, and groundcovers shall be brought to the attention of the City staff so that appropriate treatment measures can be applied. Palms. During the site maintenance visit if there are any signs of a disease, the City shall be promptly notified including a location map of the palm, whereby the city shall direct appropriate action on a case-by-case basis. Every precaution will be made to contain the disease and keep it from spreading to other palms. While pruning smaller palms, proper care and procedures with equipment and maintenance will be in accordance with the University of Florida Cooperative Extension Service recommendations. This will include the cleansing of tools through use of a soap detergent or alcohol. DETAILED SPECIFICATIONS Landscaping Maintenance Services 22 ITB #35-22 2.2.8 Insecticide Maintenance The Contractor may remove and dispose of wasps and other subterranean insects in plant materials, on the ground, or on-site structures/furnishings. 2.2.9 Irrigation Maintenance Any visual evidence of damaged or defective irrigation shall be promptly reported to the City by phone so that a timely repair can be made. The Contractor is required to promptly notify the City of any dry spots found in the turf. 2.2.10 Mulch Maintenance The Contractor shall notify the City if the level of mulch or condition of mulch in any particular area has deteriorated. The Contractor will maintain the mulch to be free of weeds around individual trees, shrubs and palms in turf areas. The City may at its option request a quote for mulching applications from the Contractor, for which the City would provide the mulch. 2.2.11 Inspections Each site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead turf or plant material, heavy insect infestations (especially fire ants), vandalism, etc., and any findings should be promptly reported to the respective department representative. The Contractor will assist the City by reporting vandalism, graffiti, damage or need of repair/refurbishing of public and private property, such as for traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities and paving. The Contractor will be responsive to special conditions or unexpected problems that may occur during the contract term. The City expects the full cooperation and prompt response by the Contractor. The Contractor may be requested to provide additional services, such as seasonal flowers and plants for various occasions and functions within the City. Such work would be requested by quote and must be approved by the City in writing. 2.3 Additional Details for Public Utilities Department Where Section 2.3 details may conflict with information provided in Section 2.2, Section 2.3 instructions take precedence for Public Utilities Department sites only. All visits to the Public Utilities sites will require a member of the Contractor’s team to sign in/out at the operations office at each site. Mowing shall consist of all areas within the fenced area of the named facility. In addition, for the Water Reclamation Facilities (WRF’s) specifically, shall include the area outside the fence to the edge of road, including the area between fence and sidewalk and from the sidewalk to edge of road. Mow the pond banks and storm water swales as close to the water as possible. If area is too wet to service on the scheduled visit, area shall either be line trimmed or mowed on the next scheduled visit to avoid damaging of the grade. Prune all shrubbery as required, to maintain clear walkways and driveways. All hedges must be trimmed every other visit to maintain a clean appearance. Trim around all trees, shrubs, bushes, buildings, sidewalks, valve boxes, storm drains, structures and other objects as part of each visit. Clear all fence lines and fence posts of grass, vines, weeds and debris during each visit. DETAILED SPECIFICATIONS Landscaping Maintenance Services 23 ITB #35-22 Herbicide which is non-toxic to fish or wildlife, such as 37.3% diquat dibromide (brand name Reward or Tribune), or its Public Utilities approved equivalent, is approved for use on Public Utilities sites. In every instance where herbicide is recommended by the Contractor for use on a Public Utilities site, a proposed application plan, must be submitted to puaccounting@myclearwater.com and it is required to be approved by the Public Utilities Director, or their designee. This approval process is not a blanket approval, rather it is required each and every time herbicide will be applied. Once the plan is approved, upon arrival for application specifically at the Reverse Osmosis Treatment Plants (RO) or WRF sites, the herbicide applicator must personally make contact with the Chief or lead shift operator on duty to avoid any conflicts or overspray with regards to sample collection points. Other alternatives for herbicide may be approved in writing by the Public Utilities Director (or designee), but only after research by the Public Utilities department. In these cases, the Contractor will submit the Safety Data Sheet (SDS) for the alternative herbicide and Public Utilities will evaluate this chemical for acute and chronic toxicity to life (particularly aquatic life), in addition to evaluating this chemical for potential impacts on regulatory sampling events. Please note: as previously stated, communication with the Chief or lead shift operator is mandated for each instance of application due to specific areas on the RO and WRF sites are state permitted for routine and/or periodic compliance sampling, at which time these specific areas will either require further instruction or not be approved for chemical application at that time. 3. MINIMUM QUALIFICATIONS. The Contractor Owner/Principal must have a minimum of three (3) years demonstrated experience with commercial or institutional landscaping services (this requirement is applicable to the “person”, not the company). References. Three (3) references are required for whom the Contractor has performed similar work, preferably for a public agency of similar size, preferably in the Tampa Bay region in the last five (5) years. Staff Certifications. The Contractor is required to have one or more permanent full-time commercial limited lawn and ornamental applicators on staff and shall provide to the city a copy of their Department of Agriculture Pesticide Applicators License. The Contractor will also provide a list to the City containing the names, license or certificate number, and expiration date, for permanent (full-time) staff members who are ISA Certified Arborists, Florida Certified Horticulture Professionals, Landscape Best Management Practices for Pinellas County (BMP) Certified, or GI-BMP (Green Industries) Certified. Equipment. All Contractors shall include a list of equipment to be used in the performance of this Contract. Such equipment must be available for inspection by the Landscape Maintenance Manager, or designee, prior to award of the contract, and at any time during the contract term. Vehicles. All Contractor vehicles on City properties must have their company name and telephone number visible. 4. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one DETAILED SPECIFICATIONS Landscaping Maintenance Services 24 ITB #35-22 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 $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #35-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Landscaping Maintenance Services 25 ITB #35-22 1. BEGINNING AND END DATE OF INITIAL TERM. October 2022 through September 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 (change as appropriate) 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 Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/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 Landscaping Maintenance Services 26 ITB #35-22 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 forms, pages 27 & 28 Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references within the last 5 years Exhibit A – Landscape Maintenance Services Bid Pricing spreadsheet shall be submitted in Excel format – NO EXCEPTIONS Copies of applicable Certificate(s) and License(s) held by Contractor staff Current Equipment List W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Landscaping Maintenance Services 27 ITB #35-22 BIDDING INSTRUCTIONS: A valid bid requires that bid pricing be entered on the protected Excel worksheet that is provided as Exhibit A – Landscaping Maintenance Services Bid Pricing; no other pricing format will be accepted. As (B) Per Service Cost on the spreadsheet is populated with pricing the imbedded formulas will calculate (C) Annual Cost Per Property. There are nine (9) pricing tabs and a Bid Summary tab in the spreadsheet. Nine (9) zones are designated in the City:  Zone 1: Beach, sites B001 – B074  Zone 2: Countryside, sites CS001 – CS067  Zone 3: Downtown, sites DT001 – DT029  Zone 4: East, sites E001 – E107  Zone 5: Northwest, sites NW001 – NW166  Zone 6: Southwest, sites SW001 – SW147  Zone 7: Ballfields, sites BF001 – BF008  Zone 8: Public Utilities, sites PU001 – PU014  Zone 9: Parks & Recreation, sites PR001 – PR042 If bid submission includes election for multiple zones, please indicate order of preference for service areas (1-9), if considered for award: Zone 1: Beach Zone 2: Countryside Zone 3: Downtown Zone 4: East Zone 5: Northwest Zone 6: Southwest Zone 7: Ballfields Zone 8: Public Utilities Zone 9: Parks & Recreation  A Vendor may bid on any combination of the nine (9) zones.  EVERY SITE within a zone must be priced for a valid “bid zone”.  Partial zone bids will be deemed non-responsive.  Bid pricing for each zone must be independent – there is no co-dependence of pricing between zones and no guarantee that a Contractor will be awarded every zone they bid.  A Contractor may be awarded more than one (1) zone; however, due to the quantity of work represented, the City does not anticipate awarding all nine (9) zones to a single Contractor.  Award methodology will include consideration of contractor capacity and past performance (if applicable).  The City will make the determination whether a Zone Bid is (or is not) reasonable for the work required. BID PRICING Landscaping Maintenance Services 28 ITB #35-22  Multi-zone awards may result in apparent low bidder(s) not being awarded additional zone(s).  Vendor signature on this page is required to indicate an understanding of the pricing structure set forth, the City’s intended award strategy, and validation of the pricing submitted. PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Landscaping Maintenance Services 29 ITB #35-22 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 Landscaping Maintenance Services 30 ITB #35-22 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 Landscaping Maintenance Services 31 ITB #35-22 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 Landscaping Maintenance Services 32 ITB #35-22 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 Landscaping Maintenance Services 33 ITB #35-22 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: REFERENCES Landscaping Maintenance Services 35 ITB #35-22 Instructions: The bidder shall submit a minimum of three (3) customer references for which the vendor has performed similar services in the last five (5) years in the Tampa Bay region. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Landscaping Maintenance Services 36 ITB #35-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #35-22, Landscaping Maintenance Services Due Date: August 31, 2022, 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 #35-22, Landscaping Maintenance Services Due Date: August 31, 2022, 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 October 12, 2022 NOTICE OF INTENT TO AWARD The Parks and Recreation and Public Works Departments along with the Procurement Division recommend award of ITB No. 35-22, Landscaping Maintenance Services, to the following vendors in accordance with the bid specifications for a cumulative annual not-to-exceed amount of $876,000.00 for the term November 1, 2022, through September 30, 2023, with the option for two (2) one (1) year renewal options: Zone 1: Beach Diversified Landscape Maintenance Zone 2: Countryside MMM Property Maintenance and Lawn, LLC Zone 3: Downtown Average Joe Landscape, LLC Zone 4: East Earth Designs Zone 5: Northwest Average Joe Landscape, LLC Zone 6: Southwest Botanical Dimensions Zone 7: Ballfields Botanical Dimensions Zone 8: Public Utilities MMM Property Maintenance Zone 9: Parks & Recreation Diversified Landscape Maintenance The award methodology is summarized as follows: Average Joe Landscape, LLC: Zone 3: Downtown (incumbent) and Zone 5: Northwest (incumbent) • Second low bid on Zone 3 (reference Earth Designs below) and low bid on Zone 5 Botanical Dimensions: Zone 6: Southwest (incumbent) and Zone 7: Ballfields (incumbent) • Low bid on both zones. Based on capacity and past performance, awarding only two (2) sites. Diversified Landscape Maintenance: Zone 1: Beach (incumbent) and Zone 9: Parks & Recreation (new) • Low bid on Zone 1 low bid and second low bid on Zone 9 (reference Botanical Dimensions above) Earth Designs: Zone 4: East (incumbent) • Low bid on Zones 1, 3, 4. Vendor requested only one (1) zone (East) MMM Property Maintenance: Zone 2: Countryside (new) and Zone 8: Public Utilities (incumbent) • Second low bid for both zones however, due to capacity and zone coverages, recommending award for Zone2 and Zone 8 (reference Earth Designs and Botanical Dimensions above) This Award recommendation will be considered by the City Council at the October 31, 2022, Work Session (9:00 a.m.) and voted on at the November 3, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at Kelly.Rogers@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers / Procurement Analyst 191,270.00$ 124,750.00$ 114,530.00$ 99,604.00$ -$ -$ Incumbent 168,615.00$ -$ 105,555.00$ 84,722.00$ 47,540.00$ 69,475.00$ 130,680.00$ 46,938.00$ 68,350.00$ 53,168.00$ 29,180.00$ -$ Incumbent 183,460.00$ 188,115.00$ 137,255.00$ -$ 43,465.00$ -$ Incumbent 234,475.00$ 87,588.40$ 149,245.00$ -$ -$ -$ Incumbent 212,895.00$ -$ 68,370.00$ -$ -$ 108,779.00$ Incumbent -$ -$ 44,320.00$ 86,400.00$ 89,600.00$ 53,120.00$ Incumbent 139,350.00$ -$ 58,000.00$ 96,200.00$ 93,600.00$ 67,016.60$ Incumbent 210,990.00$ 168,325.00$ 125,865.00$ 147,238.00$ -$ -$ BID TABULATION SUMMARY CITY OF CLEARWATER ITB # 35-22, Landscaping Maintenance Services DUE DATE: August 31, 2022; 10:00 AM ZONE 7 - BALLFIELDS ZONE 8 - PUBLIC UTILTIES ZONE 4 EAST TOTAL ZONE 5 NORTHWEST TOTAL ZONE 6 SOUTHWEST TOTAL ZONE 9 - PARKS & RECREATION MMM Property Maintenance and Lawn LLC 10505 Oseola DrNew Port Richey, FL 34654 Earth Designs 2701 Sunset Point RdClearwater, FL 33759 Aero Groundtek, LLC 858 Maguire Rd Ocoee, FL 34761 Average Joe Landscape, LLC9820 Sunbeam DrNew Port Richey, FL 34654 J&J Diversified d/b/a Diversified Landscape Maintenance P.O. Box 1883 Pinellas Park, FL 33780 ZONE 1 BEACH TOTAL ZONE 2 COUNTRYSIDE TOTAL ZONE 3 DOWNTOWN TOTAL Botanical Dimensions P.O. Box 13257Tampa, FL 33681 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1126 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve Production Sponsorship Agreement, from November 3, 2022 through March 1, 2025, with ESPN Production, Inc. to host three college women’s softball events at the Eddie C. Moore Softball Complex with renewal options and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2018, ESPN approached the city to host a Division I Women’s Softball event due to the City’s past success in holding major tournaments and cultivating relationships over the years with National and International Governing Bodies and Teams. The first three years of hosting this annual event was very successful in attracting highly ranked teams including Oklahoma, Alabama, Michigan, LSU, UCLA, FSU, Oregon and Tennessee. The popularity of the event has been positive for our community as reflected by the 2022 Visit St. Petersburg Clearwater Economic report that noted that the game between FSU vs. UCLA was the highest rated women’s college softball event in over 7 years with more than 600,000 viewers. The total economic impact for the 3 years has been approximately $15.7M with last year’s event was approximately $8.4M with over 90% of the attendees visiting from outside of Pinellas County. The City will provide event support and maintenance of the fields for the tournament. Also, staff will work with ESPN Production Staff to maximize exposure for the City of Clearwater and our local community business partners. The three softball events will occur in 2023, 2024 and 2025 and includes an option to extend the agreement if both parties agree. All costs associated with the event will be covered from revenue generated by the event including gate admissions, parking, merchandising, and concessions. In 2022, the city realized a net profit of $55,681. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/26/2022 1 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 ESPN PRODUCTIONS, INC. SPONSORSHIP AGREEMENT This ESPN Productions, Inc. Sponsorship Agreement (this “Agreement”), dated as of October 17, 2022 (the “Effective Date”), is by and between ESPN Productions, Inc., d/b/a ESPN Events, with offices located at 11001 Rushmore Drive, Charlotte, North Carolina 28277 (“EPI”) and the City of Clearwater, with offices located at Municipal Services Building 100 South Myrtle Ave. Clearwater, FL 33756 (“Sponsor”) (each a “party” and collectively the “parties”). NOW, THEREFORE, for the mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties agree as follows: BASIC PROVISIONS I. TERM: The initial term of this Agreement commences on the Effective Date and continues through the later of March 1, 2025 or the completion of all parties’ respective obligations relating to the 2025 Event (“the Initial Term”), subject to Section 10 of Exhibit A. Sponsor shall have the option to extend the Initial Term of this Agreement for additional years (the “Option Years”) by providing EPI with written notice of its intent to do so no later than October 31, 2024. If sponsor timely exercises its Option, Sponsor and EPI further agree to negotiate exclusively between November 1, 2024 and December 31, 2024 regarding the acquisition by Sponsor of the additional years of Sponsorship and/or Advertising Benefits in connection with subsequent Events. II. EVENTS; SITE; DATES: The events are: (a) 2023, 2024 and 2025 Clearwater Invitational presented by EvoShield, a Division I college women’s softball tournament, owned and operated by EPI, set to be played at Eddie C. Moore Complex in Clearwater, FL (the “Site”); the Sponsorship and/or Advertising Benefits may also include benefits with respect to ancillary events held in connection with the events described above as fully set forth in Exhibit B (each an “Event,” and collectively, the “Events”). The Events are scheduled to take place on the following dates: 2023 Clearwater Invitational presented by EvoShield Feb. 2023 2024 Clearwater Invitational presented by EvoShield Feb. 2024 2025 Clearwater Invitational presented by EvoShield Feb. 2025 III. GENERAL TERMS AND CONDITIONS As set forth in Exhibit A, attached hereto and incorporated herein by reference. All terms and conditions of this Agreement, including without limitation, those set forth in Exhibit B and Exhibit C, are subject to such General Terms and Conditions. IV. SPONSORSHIP AND/OR ADVERTISING BENEFITS As set forth in Exhibit B, attached hereto and incorporated herein by reference. 2 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 V. SPONSORSHIP FEES AND PAYMENT SCHEDULE As set forth in Exhibit C, attached hereto and incorporated herein by reference. VI. ESPN/ABC ADVERTISING REGULATIONS As set forth in Exhibit D, attached hereto and incorporated herein by reference. VII. GUIDELINES FOR USE OF ESPN MARKS As set forth in Exhibit E, attached hereto and incorporated herein by reference. VIII. ESPN’S MEDIA DELIVERY GUIDELINES As set forth in Exhibit F, attached hereto and incorporated herein by reference. Exhibits D, E, and F represent standard polices of EPI and/or its affiliated companies and are not subject to change; any changes to such exhibits, deviating from such standard policies, shall be null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF CLEARWATER ESPN PRODUCTIONS, INC. By By Printed Name: Printed Name: Clint Overby TITLE: TITLE: Vice President, ESPN Events 3 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT A GENERAL TERMS AND CONDITIONS 1. SPONSORSHIP AND/OR ADVERTISING BENEFITS Subject to the terms of this Agreement and Sponsor’s compliance with its obligations hereunder, EPI shall provide to Sponsor those Sponsorship and/or Advertising Benefits set forth in Exhibit B. Unless explicitly otherwise set forth in Exhibit B (and notwithstanding anything to the contrary, including without limitation Section A, paragraph 2 of Exhibit D), Sponsor may only use the Sponsorship and/or Advertising Benefits to advertise and promote Sponsor’s specified products and services in the category(ies) set forth in Section 5 below, solely in connection with the Event(s). To the extent that the Sponsorship and/or Advertising Benefits hereunder include commercial units, billboards, scenics or other commercial or advertising presence within any of EPI’s Distribution(s) (defined below) or promotion of the Program(s) (defined below) (all collectively, “Commercial Units”), EPI shall make commercially reasonable efforts (subject to EPI being prevented for reasons of force majeure as described in Section 9(a), below, or for other bona fide reasons) to include such Commercial Units (except to the extent the Sponsorship and/or Advertising Benefits provide otherwise) in EPI’s first distribution of the applicable Program throughout the United States of America, on the network specified therein, for the promotion of Sponsor’s products and services in accordance with, and subject to, the terms and conditions set forth below. In the event that EPI does not include the Commercial Units set forth in Exhibit B in EPI’s first distribution of the applicable Program, then EPI shall provide Sponsor “make-good(s)” consistent with ESPN’s/ABC’s, as applicable, then-current make-good policy and practices. a) In using such Commercial Units, Sponsor shall: i) promptly advise EPI of each product or service to be advertised and such other relevant information as EPI may request, and furnish EPI, no later than five (5) business days before the date of the distribution in question, with the fully-cleared audio, visual and/or audiovisual recordings and other requisite materials for airing Sponsor’s Commercial Units according to the guidelines contained in EPI’s Media Delivery Guidelines, attached hereto as Exhibit F. ii) observe and comply with ESPN, Inc.’s (“ESPN”)/EPI’s advertising regulations attached hereto as Exhibit D; b) EPI may refuse to distribute any Commercial Unit or any element thereof that, in EPI’s reasonable opinion, i) does not maintain an artistic and technical quality creditable to EPI; ii) fails to conform to the advertising regulations attached hereto or EPI’s general practices and formats regarding commercials, as either may be modified from time to time; or iii) may violate any rights of any person, firm or corporation. 4 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 2. PROGRAM PRODUCTION a) As between Sponsor and EPI, EPI owns, exclusively, all right, title and interest in and to the Event including, but not limited to the copyright in and to the Program(s) of the Event(s) and the name of the Event(s). EPI and its parent, subsidiary and affiliated companies, and the licensees of each have the exclusive, perpetual right to distribute, transmit, exhibit, license, advertise, duplicate, promote, perform, telecast and otherwise exploit (collectively, “Distribute” or “Distribution”) audio, video, audiovisual and other programs based on or including the Event(s) or any portion thereof (each a “Program” and collectively, the “Programs”) and its/their constituent elements and any other material pertaining to the Event(s) in EPI’s possession and control throughout the universe, by all means and media now known or hereafter developed, on a live and/or delayed basis, in perpetuity, without limitation as to the number of uses. EPI also has the right to make reproductions of the Programs and its/their constituent elements and to use, exhibit and deal with those reproductions in any manner or media whatsoever, including but not limited to the right to incorporate the Program(s) and/or its/their constituent elements into other works for commercial profit. EPI has complete control over the scheduling, production and format of the Program(s) of each Event. Without limiting the generality of the foregoing, EPI has the right to determine the length of the Programs; subject to the rights granted to Sponsor pursuant to this Agreement, to insert commercial and promotional announcements therein as it may determine by such sponsor or sponsors as it may elect; to title or retitle each Program and to change or designate the name of any Event to the extent it is used in connection with a Program. b) EPI has complete authority over the selection of announcers, commentators, technical and other personnel for the Program of each Event. Sponsor has no rights of approval over such personnel. 3. REPRESENTATIONS AND WARRANTIES a) Each of Sponsor and EPI warrant and represent to the other that (i) it is free to enter into this Agreement and fully perform its obligations hereunder; (ii) the rights that such party has granted to the other party under this Agreement, and such other party’s use of such rights in accordance with the terms of this Agreement, will not infringe upon or violate the rights of any third party; (iii) in its performance hereunder, it shall comply with all applicable law; and (iv) in its performance hereunder, it shall take measures that it deems reasonably appropriate to mitigate the risk of exposure to COVID-19 during the Event (and future Event(s), if applicable) and further agrees to make commercially reasonable efforts to ensure compliance by its employees, agents and representatives with the minimum guidelines for cleaning protocols, social distancing and the use of personal protective equipment as mutually agreed upon by the parties (the “Minimum Safety Protocols”). The Minimum Safety Protocols may be updated from time to time by mutual agreement of the parties. If a party determines that the other party is not complying with the Minimum Safety Protocols, that party must provide prompt notice to the other party of such noncompliance and the parties will then work in good faith to resolve the issue promptly. 5 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 b) Sponsor represents and warrants that any claims made in relation to the Sponsor products and services which are produced in connection with the rights granted hereunder can be validly substantiated by Sponsor in compliance with all FTC and other applicable law (including, but not limited to, by providing written evidence of any product claims and uses upon EPI’s request(s)). 4. INDEPENDENT CONTRACTORS Sponsor and EPI are independent contractors with respect to each other and nothing herein creates any association, partnership, joint venture or agency relationship between them. Each party shall be fully responsible for all persons, including subcontractors, retained by either party in connection with its performance hereunder, except as otherwise specifically and explicitly provided herein. 5. CATEGORY NON-EXCLUSIVITY Sponsor has the non-exclusive right to advertise its products and services, pursuant to the terms of this Agreement and subject to Section 8 below, specifically for the Sponsorship and/or Advertising Benefits and via the marketing and advertising methods listed in Exhibit B. 6. INDEMNIFICATION a) Sponsor shall indemnify and hold harmless, EPI, its parent, subsidiary and affiliated companies, and each of its and their respective officers, directors, employees, agents, representatives, successors and assigns, from and against any and all third party claims, demands, actions, damages, losses, liabilities and expenses of any nature (including reasonable attorneys’ fees and disbursements), that are incurred by any of them (collectively, “Claims”) to the extent caused, or alleged to be caused, by: (i) the acts or omissions of Sponsor, its employees, agents, guests, invitees or subcontractors; (ii) any products liability claim related to any products or services of Sponsor; (iii) Sponsor’s unauthorized use of EPI’s or ESPN’s Marks (defined below) or any third party intellectual property; (iv) the infringement or alleged infringement of any patent, trademark, copyright, title, slogan and/or other intellectual property rights by Sponsor or facilitated by Sponsor, including but not limited to, any Claims arising out of or relating to Sponsor’s Marks provided by Sponsor to EPI and EPI’s use thereof pursuant to this Agreement; (v) Sponsor’s breach or alleged breach of this Agreement and/or the failure of any warranties or representations given or made by Sponsor herein; (vi) Sponsor’s failure to follow any applicable law; and (vii) for any damages and/or injuries of any kind sustained by Sponsor, its employees, agents, guests, invitees or subcontractors while they are on the premises where any Events, activities and/or promotions described in this Agreement, will take place, except to the extent that such claims and/or liability described in this subsection (vii) arise out of EPI’s negligence or willful misconduct. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which Sponsor is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Any claims against Sponsor must comply with the procedures found in §768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense Sponsor may have under § 768.28, Florida Statutes or as consent to be sued by third parties. b) EPI shall indemnify, defend and hold harmless, Sponsor, its parent, subsidiary and affiliated 6 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 companies, and each of its and their respective officers, directors, employees, agents, representatives, successors and assigns, from and against any and all third party Claims to the extent such Claims are caused by: (i) EPI’s negligence or willful misconduct; (ii) EPI’s infringement or alleged infringement of any patent, trademark, copyright, title, slogan and/or other intellectual property rights (excluding any Claims in connection with Sponsor’s Marks and/or any materials or intellectual property rights or executions provided by Sponsor and EPI’s use thereof pursuant to this Agreement, all of which shall be covered by (a) above); (iii) EPI’s unauthorized use of Sponsor’s Marks; (iv) EPI’s breach or alleged breach of this Agreement, and/or the failure of any warranties or representations given or made by EPI herein; and (v) EPI’s failure to follow any applicable law. c) With respect to any Claim that may form the basis of an indemnity obligation hereunder, the indemnified party shall give prompt written notice of such claim to the indemnifying party as well as the opportunity to defend, compromise or settle such claim with counsel selected by such indemnifying party (provided that, the indemnified party’s failure to provide prompt notice of a claim shall not relieve the indemnifying party of its indemnification obligations hereunder, except to the extent it has been damaged thereby) and shall reasonably cooperate in the course thereof; provided, however, that the indemnifying party shall not enter into any compromise or settlement that has the effect of creating any liability or obligation (whether legal or equitable) on the part of the indemnified party without the indemnified party’s prior written consent (not to be unreasonably withheld or delayed). The indemnified party has the right to participate in its defense with counsel of its own choosing at the indemnified party’s sole cost and expense. d) EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS OR LOST BUSINESS. e) The obligations of this Section 6 shall survive the expiration or earlier termination of this Agreement. 7. INSURANCE. a) Sponsor shall, at its sole expense, throughout the performance of its services pursuant to the Agreement and for such additional time as may be specified below, maintain: i) Commercial General Liability Insurance to include contractual liability, products/completed operations liability, advertising injury liability and cross- liability (which must be maintained for three years following the provision of all of Sponsor’s services as set forth herein) with minimum limits of Two Million Dollars ($2,000,000) written on an occurrence form basis; 7 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 ii) Automobile Liability coverage with minimum combined single limits of Two Million Dollars ($2,000,000). Coverage shall include all owned, leased, non- owned and hired automobiles, protecting it, additional insured’s and EPI from claims for personal injury (including bodily injury and death) and property damage which may arise from or in connection with the performance of Sponsor’s services hereunder or from or out of any act or omission of Sponsor, its officers, directors, agents, subcontractors or employees; iii) Workers’ Compensation Insurance as required by applicable law, and Employer’s Liability Insurance with minimum limits of One Million Dollars ($1,000,000); iv) Producer's Liability Insurance (Errors & Omissions Insurance) for such length of time as is necessary to cover any and all claims arising out of or relating to the production and any distributions of any produced audio-visual materials, having limits of at least Five Million Dollars ($5,000,000) for each claim, with an annual aggregate limit of at least Five Million Dollars ($5,000,000) with a deductible of no more than Twenty Five Thousand Dollars ($25,000). Such insurance shall have standard coverage, including, but not limited to, coverage with respect to libel/slander or other forms of defamation, infringements of common law or statutory copyright, infringements of rights in material to be broadcast or in the manner of presentation thereof, infringement of privacy rights, breach of implied contract and unauthorized use of material in such audio-visual materials. Any restrictions of coverage on the title, music or other rights shall be stated on the certificate of insurance and cleared prior to delivery. Additionally, any deductibles shall be stated on the certificate of insurance; v) All insurance required in this Section shall be with companies and on forms acceptable to ESPN and shall contain a provision or endorsement that the policy may not be canceled, terminated, changed or modified unless thirty (30) days prior written notice thereof is furnished to EPI. vi) All insurance required in this Section shall be primary and not contributory with regard to any other available insurance to EPI, its parent and any subsidiaries, related and affiliated companies of each, and the officers, directors, shareholders, employees, agents and assigns of each. vii) All insurance required in this Section shall be written by companies with a BEST Guide rating of B+ VII or better. viii) Certificates of insurance (or copies of policies, if required by EPI) shall be furnished to EPI. All insurance required in this Section 7 (a) shall include EPI, its parent, and any subsidiaries, related and affiliated companies of each, and the officers, directors, shareholders, employees, agents and assigns of each as additional insureds and contain a waiver of subrogation in their favor. (The additional insured requirement applies to all coverages except Workers’ Compensation, and Employers Liability. The waiver of subrogation applies to all coverages). ix) EPI’s failure to request, review or object to the terms of such certificates or insurance shall not be deemed a waiver of Sponsor’s obligations or the rights of EPI. x) The minimum limits of the insurance required in this Section shall in no way limit 8 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 or diminish Sponsor’s liability under other provisions of this Agreement. xi) Sponsor agrees to indemnify and hold harmless EPI (including for reasonable attorneys' fees) against any liability for premiums, contributions or taxes payable under any worker's compensation, unemployment compensation, disability benefit, social security benefit or tax withholding laws for which EPI may be finally adjudged liable as employer with respect to Sponsor or any Sponsor personnel. b) EPI shall, at its sole expense, throughout the performance of its services pursuant to the Agreement and for such additional time as may be specified below, maintain: i) Commercial General Liability Insurance to include contractual liability, products/completed operations liability, advertising injury liability and cross- liability (which must be maintained for three years following the provision of all of Sponsor’s services as set forth herein) with minimum limits of Two Million Dollars ($2,000,000) written on an occurrence form basis; ii) Automobile Liability coverage with minimum combined single limits of Two Million Dollars ($2,000,000). Coverage shall include all owned, leased, non- owned and hired automobiles, protecting it, additional insured’s and Sponsor from claims for personal injury (including bodily injury and death) and property damage which may arise from or in connection with the performance of EPI’s services hereunder or from or out of any act or omission of EPI, its officers, directors, agents, subcontractors or employees; iii) Workers’ Compensation Insurance as required by applicable law, and Employer’s Liability Insurance with minimum limits of One Million Dollars ($1,000,000); and iv) Producer's Liability Insurance (Errors & Omissions Insurance) for such length of time as is necessary to cover any and all claims arising out of or relating to the production and any distributions of any produced audio-visual materials, having limits of at least Five Million Dollars ($5,000,000) for each claim, with an annual aggregate limit of at least Five Million Dollars ($5,000,000) with a deductible of no more than Twenty Five Thousand Dollars ($25,000). Such insurance shall have standard coverage, including, but not limited to, coverage with respect to libel/slander or other forms of defamation, infringements of common law or statutory copyright, infringements of rights in material to be broadcast or in the manner of presentation thereof, infringement of privacy rights, breach of implied contract and unauthorized use of material in such audio-visual materials. Any restrictions of coverage on the title, music or other rights shall be stated on the certificate of insurance and cleared prior to delivery. Additionally, any deductibles shall be stated on the certificate of insurance; v) All insurance required in this Section 7(b) shall be with companies and on forms acceptable to Sponsor and shall contain a provision or endorsement that the policy may not be canceled, terminated, changed or modified unless thirty (30) days prior written notice thereof is furnished to Sponsor. vi) All insurance required in this Section (b) shall be primary and not contributory with regard to any other available insurance to Sponsor, its parent and any subsidiaries, related and affiliated companies of each, and the officers, directors, shareholders, employees, agents and assigns of each. 9 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 vii) All insurance required in this Section 7 (b) shall be written by companies with a BEST Guide rating of B+ VII or better. viii) Certificates of insurance shall be furnished to Sponsor. All insurance required in this Section 7 (b)(i) and (ii) shall include Sponsor, its parent, and any subsidiaries, related and affiliated companies of each, and the officers, directors, shareholders, employees, agents and assigns of each as additional insureds and contain a waiver of subrogation in their favor. (The additional insured requirement applies to all coverages except Workers’ Compensation, and Employers Liability. The waiver of subrogation applies to all coverages). ix) Sponsor’s failure to request, review or object to the terms of such certificates or insurance shall not be deemed a waiver of EPI’s obligations or the rights of Sponsor. x) The minimum limits of the insurance required in this Section shall in no way limit or diminish EPI’s liability under other provisions of this Agreement. xi) EPI agrees to indemnify and hold harmless Sponsor (including for reasonable attorneys' fees) against any liability for premiums, contributions or taxes payable under any worker's compensation, unemployment compensation, disability benefit, social security benefit or tax withholding laws for which Sponsor may be finally adjudged liable as employer with respect to EPI or any EPI personnel. 8. MARKS AND RESTRICTED USES a) Use of Marks. Except as expressly provided for in this Agreement, neither party shall use any trademarks, service marks, trade names, insignia, symbols, logos, decorative designs or the like (individually a “Mark” and collectively the “Marks”) which is/are owned by, or licensed or sublicensed to, the other party without the other party’s prior written consent in each instance. Sponsor hereby grants to EPI a limited, nonexclusive, perpetual, worldwide, royalty-free license to use Sponsor’s Marks, as provided by Sponsor to EPI (as approved in accordance herewith), specifically in furtherance of this Agreement and in EPI’s staging, and promotion of the Event(s) and in EPI’s Distribution and promotion of the Program(s) (including, but not limited to, in the creation and distribution of Event- related logos, merchandise and in-site signage). Notwithstanding the foregoing, EPI’s right to Distribute Sponsor’s Marks as incorporated into the Programs (and portions thereof, including without limitation in connection with promotion of the Programs, EPI’s programming networks, products and services) is perpetual and shall survive the expiration or earlier termination of this Agreement, whereas EPI’s license to use Sponsor Marks for other uses permitted herein is limited to the Term (e.g., EPI shall not create merchandise bearing Sponsor’s Marks upon expiration of the Term but, for clarity, may continue to distribute existing merchandise created prior to expiration of the Term). EPI hereby grants to Sponsor a limited, nonexclusive, nontransferable, royalty-free license to use only EPI’s designated Event-specific Marks (the “Designated Marks”) during the Term in accordance with this Agreement and only as specifically set forth in Exhibit B. Notwithstanding the foregoing, all of Sponsor’s proposed executions of the Sponsorship and/or Advertising Benefits containing the Designated Marks shall be subject to EPI’s prior written approval, granted or withheld in EPI’s sole discretion. Sponsor shall provide EPI 10 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 the proposed material in connection with any and all such executions appropriately in advance to enable EPI’s review and approval. Each party agrees that, as between the parties, each party owns all rights, title and interest in and to their respective Marks, and all related intellectual property rights. Each party’s use of the other party’s Marks under this Agreement is for the benefit of such party and shall terminate on the termination of this Agreement (except as otherwise specifically provided for herein, including but not limited to EPI’s perpetual right to distribute Sponsor’s Marks as incorporated during the Term into the Event-related marketing, merchandise, promotion and Programs), and neither party shall acquire any rights in the other party’s Marks by such use. Each party shall comply with written usage guidelines and quality control standards that may be provided by the other party during the Term. Notwithstanding the foregoing, prior to each new use of any Designated Marks, Sponsor shall submit a sample of such proposed use to EPI. Once EPI has approved a particular use of the Designated Mark, the approval will remain in effect for such use until withdrawn with reasonable prior written notice. b) Quality Standards. The parties agree that the nature and quality of all services rendered by the other party in connection with the use of the other party’s Marks, all goods sold by the other party under the other party’s Marks, if any, and all related advertising, promotional and other related uses of the other party’s Marks by the other party shall conform to standards set by and be under the control of the parties. c) Quality Maintenance. To the extent expressly permitted in this Agreement, as to the use of the other party’s Marks as provided herein, the parties agree to cooperate with each other in facilitating the other party’s quality control review of the use of the other party’s Marks, to permit reasonable inspection of the other party’s proposed execution, and to supply the other party with specimens of all proposed and actual uses of the other party’s Marks upon request. The parties shall comply with all applicable laws and regulations and obtain all appropriate government approvals pertaining to the sale, distribution and advertising of goods and services covered by this Agreement and the license granted herein. d) Form of Use. The parties agree to use the other party’s Marks only in the form and manner and with appropriate legends as may be prescribed from time to time by the other party, and not to use any other trademark or service mark in combination with any of the other party’s Marks without the other party’s prior written approval. e) Infringement Proceedings. The parties agree to notify the other party of any unauthorized use of the other party’s Marks in connection with this Agreement by others promptly as it comes to either party’s attention. The parties shall have the sole right and discretion to bring infringement or unfair competition proceedings involving such party’s Marks. f) Restricted Uses. i) Neither party shall use the other party’s Marks in connection with any person or 11 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 entity that (a) advertises, markets, promotes, sells or offers for sale pornographic materials, illegal or unethical multi-level marketing or pyramid schemes, gambling, firearms, tobacco or hard alcohol; or (b) is a direct competitor of ESPN or EPI, including but not limited to Fox Sports, Sports Illustrated, CBS Sports, NBC Sports, Bleacher Report, Yahoo! and AOL Sports. ii) Sponsor (and its third party service providers) shall abide by the Guidelines for Use of ESPN Marks attached hereto as Exhibit E. iii) Neither party (nor their third party service providers) may use the other party’s Marks in any manner that implies sponsorship or endorsement by such party of services and products other than those provided by that party. iv) For the sake of clarity and not limitation, this Agreement does not grant Sponsor: (i) the right to utilize the marks of any team, institution or conference participating in the Events without the prior approval of all applicable rights holders; or (ii) except as explicitly set forth in Exhibit B, the right to utilize EPI/ESPN Marks on products or merchandise. 9. FORCE MAJEURE AND CANCELLATION/POSTPONEMENT a) In the event that either EPI or Sponsor is unable to perform or is precluded from performing, in whole or in part, any of its obligations under this Agreement due to any unforeseen circumstances beyond the reasonable control of the party precluded from performing, including, but not limited to an act of God, war, terrorist attack, inevitable accident, strike or other labor dispute, fire, riot or civil commotion, government (whether federal, state or local) action or decree, weather, failure in whole or in part of technical, production or television equipment or for any other reason beyond the control of Sponsor or EPI (an event of “Force Majeure”), then such inability to perform shall not be deemed to be a default hereunder. If the Event should be postponed or delayed due to an event of Force Majeure, then EPI shall have the right to elect to stage, produce and distribute the Event on its rescheduled date and/or time and to provide Sponsor with the applicable Sponsorship and Advertising Benefits hereunder in accordance with all the terms hereof in connection with the rescheduled Event, in which case all EPI’s rights herein shall survive. b) EPI reserves the right to cancel or postpone the Event(s), in its sole discretion, but shall advise Sponsor of any such cancellation or postponement as soon as commercially reasonable. In the event that EPI cancels an Event, Sponsor shall have no further obligation hereunder and there shall be an equitable reduction/refund of the Sponsorship Fee amount, as reasonably determined by EPI based upon any benefits received by Sponsor prior to such cancellation or postponement, and EPI shall reimburse Sponsor such amount or, upon mutual agreement, apply the amount of such reduction to sponsorship and/or advertising benefits in connection with other mutually agreeable EPI properties or events. 10. TERMINATION a) Either party may terminate this Agreement upon thirty (30) days’ prior written notice for a 12 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 material breach that is not cured to the reasonable satisfaction of the non-breaching party within such thirty (30) day period. b) Either party may immediately terminate this Agreement upon written notice if the other party is subject to proceedings in bankruptcy or insolvency, voluntarily or involuntarily, if a receiver is appointed with or without the other party’s consent, if the other party assigns its property to its creditors or performs any other act of bankruptcy or if the other party becomes insolvent and cannot pay its debts or provide rights and benefits when they are due. c) Either party may terminate this Agreement upon ten (10) days’ prior written notice if at any time during the Term the other party engages in action or a failure to act that reflects moral turpitude or alleged fraud or that is substantially likely to embarrass or to have a materially adverse effect on the public perception of such party, in such party’s commercially reasonable judgment. d) If either party terminates this Agreement pursuant to this Section 10, the parties shall not be obligated to perform further pursuant to this Agreement and the rights and opportunities granted hereunder shall terminate from the date on which the termination takes effect. Termination hereunder shall be without prejudice to any existing rights, remedies and/or claims that the terminating party may have against the other party, and shall not relieve (i) such other party from fulfilling its obligations accrued prior to such termination. 11. MISCELLANEOUS a) All notices and other communications from either party to the other hereunder shall, unless otherwise specifically provided herein, be given in writing by personal delivery or by a reputable overnight courier service (UPS, FedEx, etc.) at the respective addresses of Sponsor and EPI set forth above, unless either party at any time designates another address for itself by notifying the other party thereof by reputable overnight courier service, in which case all notices to such party shall thereafter be given at its most recently so designated address. Notice given by personal delivery is deemed given upon receipt. Notice given by reputable overnight courier is deemed given on the date of shipping thereof with postage and fees prepaid. Further, copies of all notices by Sponsor to EPI shall be sent to ESPN, Inc., Attn: Legal Department, ESPN Plaza, Bristol, Connecticut 06010-7454. b) Each party shall execute any and all further documents or amendments which either party hereto may deem necessary and proper to carry out the purposes of this Agreement. c) This Agreement together with all of the exhibits attached hereto contains the full and complete understanding among the parties hereto, supersedes all prior agreements and understandings whether written or oral pertaining hereto, and cannot be modified except by a written instrument signed by each party hereto. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the parties. d) The descriptive headings of the several sections and paragraphs of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. e) This Agreement is governed by and construed under and in accordance with the laws of the 13 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 State of Florida without reference to Florida choice of law rules. The state and federal courts located in Florida have sole jurisdiction and venue to resolve disputes hereunder, and the parties irrevocably submit to such jurisdiction and venue. Provided, however, in the event of any dispute relating to this Agreement the parties shall meet and confer in good faith in an effort to resolve the dispute via informal negotiations before resorting to any other form of dispute resolution. f) This Agreement may not be assigned in whole or in part without the prior written consent of the other party and any attempted assignment in violation of this paragraph is void ab initio. Notwithstanding the foregoing, EPI may freely assign this Agreement without Sponsor’s permission to a parent, subsidiary, or affiliate company. Further, EPI’s exercise of its rights granted by this Agreement by means of license or sublicense will not be deemed to be a prohibited assignment. This Agreement is binding upon and inures to the benefit of the parties hereto and their successors and permitted assignees. g) Any provisions hereof found by a court to be void or unenforceable shall not affect the validity or enforceability of any other provisions. h) Upon request, EPI shall use commercially reasonable efforts to provide to Sponsor on an annual basis a report which details the elements provided hereunder to Sponsor for each Event listed in Exhibit B. i) This Agreement may be executed in one or more counterparts, each of which is an original, but together constitutes one and the same document. Execution of a facsimile copy or scan/.pdf via email shall have the same force and effect as execution of an original, and a facsimile signature shall be deemed an original and valid signature. [End of Exhibit A] 14 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT B SPONSORSHIP AND/OR ADVERTISING BENEFITS Sponsor is entitled to, and EPI shall provide, the following sponsorship and/or advertising benefits related to the Events (the “Sponsorship and/or Advertising Benefits”): • One (1) :30 commercial unit per game on the ESPN digital streaming platform(s) (to be determined by EPI in its sole discretion), in accordance with the terms and conditions of the Agreement. [End of Exhibit B] 15 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT C ADDITIONAL SPONSORSHIP TERMS The parties shall have the additional sponsorship rights and obligations related to the Events (collectively, the “Additional Sponsorship Terms”), as set forth below and in accordance with the terms and conditions of this Agreement: I. OBLIGATIONS OF ESPN: Each year of the Event, ESPN shall: a. Secure and contract all teams participating in the Event b. Produce and Distribute Program(s) of the Event (all aspects of the Program(s) and Distribution(s) to be determined in EPI’s sole discretion) c. Secure, pay, and provide snacks on-site for the Officials during the Event d. Secure and pay the Event Director(s) e. Provide official game balls for Event f. Sell all sponsorships, to include on-site TV-visible assets (i.e. visible on camera) assets g. Create a marketing plan to secure teams, promote the City of Clearwater and sell tickets to teams h. Develop and implement a community outreach component i. Develop Event logo j. Develop and manage Event website k. Coordinate all Merchandising efforts l. Produce souvenir game program to include production and sales II. OBLIGATIONS OF CITY: Each year of the Event, City shall: a. Provide the facility at the site (Eddie C. Moore Complex) at no charge to EPI b. Manage and maintain facilities at the Site in accordance with NCAA field of play requirements for the Event, including the following: i. Set-up the venue prior to production crew including but not limited to the following: 1. Supply of media provisions, as mutually agreed upon and including but not limited to: a. Generator to support production (if requested) b. Full media room and dedicated press conference areas with internet connections c. Platform lifts in outfield (if requested) 2. Provide electrical support, as mutually agreed upon 3. Provide location for on-air announcers 4. Construct Fields within the NCAA specifications, to include the following: a. Tarps b. Dugouts c. Practice/warm-up space d. Bullpens 16 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 5. Recruitment of game day staff and volunteers for facility and game operations (see list of tasks under item II(E) and II(F) below) 6. Provide agreed upon facility improvements by September 1 of each year of the agreement c. Manage operations and staffing for the Softball Invitational including the following: i. Concessions: Sponsor to manage and staff all concessions at the Site ii. Parking: Sponsor to manage and staff parking around the Site. iii. Transportation: Sponsor to coordinate public transportation logistics to and from parking lot and fields iv. Ticketing Operations to include the following: 1. Ticketing system 2. Ticket box office staff 3. Ticket takers 4. Scanners 5. Ticket and credential supplies and storage v. Restrooms and Sanitation: Mutually agreed upon number of restroom facilities to service crowd size vi. Community Events: Mutually agreed upon events that may promote the softball tournament and City of Clearwater in the community. d. Provide Game operations staffing and supplies, including the following: i. Golf Carts ii. Event Staff: All staff necessary for the execution of the event, included but not limited to: 1. Field monitors 2. Box office staff 3. Runners 4. Video board operator, if applicable 5. Sound board operator 6. Score board operator 7. PA announcer 8. Team liaisons 9. Parking attendants 10. Gate attendants 11. Onsite security 12. Custodial support 13. Concessionaires 14. Police/EMS 15. Two (2) medical trainers w/appropriate medical equipment iii. Staff and volunteer uniforms iv. Staff and volunteer meals & snacks v. Trailers and offices at the facility for EPI (production crew, and event personnel) and Event officials. Trailer to include internet and electricity. 17 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 vi. Supplies for team, volunteers and staff including, but not limited to the following: 1. Ice 2. Water 3. Cups e. Provide fan experience opportunities i. Option to provide sand sculpture at facility entrance(s) ii. Option to secure videoboard(s) on-site if mutually agreed upon III. REVENUE: A. Sponsorship Sales o EPI will retain all revenue derived from local sponsorships and television related sales o If City of Clearwater provides a sponsor lead that results in a sale of a TV-visible or TV assets, ESPN will split sponsor revenue shares 25% to City of Clearwater and 75% of revenue to ESPN. B. Merchandise • City of Clearwater and ESPN Events to split merchandise revenue 50/50. All artwork to be approved by EPI and their official licensor (currently IMG College). C. Parking a. City of Clearwater to manage and retain all revenue from parking b. City of Clearwater to provide ESPN Events the following: i. Complimentary parking for ESPN production crew ii. Up to one hundred (100) complimentary parking passes for ESPN Events, upon request D. Concessions a. City of Clearwater to manage and retain all revenue from stadium concession sales b. EPI and City of Clearwater to each retain 50% of VIP Food and Beverage E. Tickets a. City of Clearwater to manage ticketing system b. City of Clearwater to provide EPI up to one hundred (100) complimentary game tickets to be used at EPI’s discretion. c. ESPN to retain 50% of ticket sales and City of Clearwater to retain 50%. d. If ticket sales require bleacher buildouts, both parties must agree to additional costs in advance of any buildout. 18 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 Revenue Area City of Clearwater ESPN Events Tickets 50% 50% Sponsorship 100% of Sponsorship Sales If City sells national/TV-visible 25% of TV-visible/TV- revenue 75% of TV-visible/TV- revenue Merchandise 50% of merchandise NET sales 50% of merchandise NET sales Program 100% of program NET sales Parking 100% of parking Concessions VIP F & B 100% of stadium concessions 50% VIP F& B 50% VIP F&B F. SETTLEMENT: Within forty-five days of Event, both parties shall finalize settlement and make payments accordingly. G. MISCELLANEOUS: All expenses or issues not addressed herein will be discussed and mutually agreed upon by the Parties. [End of Exhibit C] 19 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT D ESPN ADVERTISING REGULATIONS A. Advertising Sales Regulations In using the Commercial Units specified in this Agreement, Sponsor must: 1. Consult regularly with the designee in EPI/ESPN’s Advertising Sales Department on Sponsor’s plans and actions related to those Commercial Units; 2. Intentionally Omitted; 3. Promptly advise ESPN of Sponsor’s product or service and whatever other relevant information that ESPN requests. Sponsor also must furnish ESPN, no later than five business days before the date of the distribution in question, with the fully-cleared videotapes and other requisite materials for airing Sponsor’s Commercial Units according to the guidelines contained in the attached ESPN Media Delivery Guidelines; 4. Comply with the Advertising Content Regulations specified in Section B, below; 5. Subject all Commercial Units to ESPN’s prior approval; and 6. Intentionally Omitted. B. ADVERTISING CONTENT REGULATIONS ESPN will telecast only commercial material which is lawful and of the highest possible standards of excellence and in this regard Sponsor will ensure that the following conditions are observed with respect to all local commercial announcements. There shall be: 1. no commercial or material which is not of a suitable artistic and technical quality; 2. no commercial or material that may violate any rights of any person, firm or corporation; 3. no false, unsubstantiated or unwarranted claims for any product or service, or testimonials that cannot be authenticated; 4. no advertising of any habit-forming drugs, tobacco products, handguns, or handgun ammunition; 5. no commercial or material which advertises any distilled liquor, except as set forth below. Socially responsible distilled liquor advertising may be included in ESPN-approved programs (on ESPN- specified networks) only, provided that such advertising contains prominent and integral social responsibility messaging (e.g., the prevention of drinking and driving, moderation in consumption, and references for assistance with drinking-related issues). Message must be an integral part of the creative presentation and not simply a closing “drink responsibly” visual or other fleeting reference. Malt beverage advertising is acceptable, subject to appropriate scheduling restrictions and only if the 20 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 commercial clearly and conspicuously communicates in audio and/or video that the product is an alcoholic malt beverage; 6. no material constituting or relating to a lottery, a contest of any kind in which the public is unfairly treated or any enterprise, service, or product which would tend to encourage, aid, abet, assist, facilitate or promote illegal or legal gambling; however, advertising for casinos or other places of gambling (including ads for travel services or tourist destinations that directly or indirectly promote gambling) may be placed under the following additional guidelines: • The advertisement does not in any way promote sports wagering or race book services, including references to odds, horse racing “tout” boards, betting slips, etc. • The advertisements may promote the non-gambling or gambling amenities of the casino, and may now include visual or audio references to gambling or gambling paraphernalia (e.g., dice, roulette wheels, “slot machine” type graphics). • The word “casino” may be used if it is part of the official name of the advertised establishment. • Advertising for casinos will be subject to any restrictions or prohibition from programming rights-holders during certain programming. Restrictions • Casino advertising of any type may not air in any NFL, NBA or NCAA Championship programming, or any programming ESPN reasonably believes to have significant audience concentrations or appeals to persons under age 17 (X-Games, Little League, Spelling Bee, High School Sports) including any support or ancillary programming. • NCAA (non-Championship) and MLB programming may contain “non-gaming” casino advertisements. Advertisements for casinos or other places of gambling may air during NCAA non-Championship and MLB programming only as long as the advertisement does not in any way promote legal or illegal gambling; and the advertisement does not contain any visual or audio references to gambling or gambling paraphernalia (e.g., dice, roulette wheels, “slot machine” type graphics, odds, horse racing “tout” boards, betting slips). Advertisements may, instead, promote the non-gambling amenities of the casino (e.g., floor shows, dining, shopping, etc.) Note: The list of programming in which such material is permitted is subject to change from time to time. 7. no announcement for a product or service which is illegal per se or has no legal use in the state, county or municipality in which Sponsor is distributing the announcement; 8. no appeal for funds; 9. no commercial or material which is in whole or part defamatory, obscene, profane, vulgar, repulsive or offensive, either in theme or in treatment, or that describes or depicts repellently any internal bodily functions or symptomatic results of internal conditions, or refers to matters that are not considered socially acceptable topics; 10. no false or ambiguous statements or representations that may be misleading to the audience; 11. no commercial that includes any element of intellectual property without the owner’s consent to such use, including but not limited to music master, mechanical, performance and synchronization rights or gives rise to any other colorable claim of infringement, misappropriation or other form of unfair competition; 21 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 12. no disparagement or libel of competitors or competitive products; or 13. no commercial that is or may be injurious or prejudicial to the interests of the public, EPI or honest advertising and reputable business in general. In addition, during any program of a championship athletic event conducted by the National Collegiate Athletic Association (the “NCAA”), there shall be: 1. no advertisement utilizing professional athletes or other persons connected with professional athletics or promoting any professional athletic event or team; and 2. no advertising of alcoholic beverages, drugs or patent medicines other than analgesics, cold remedies, antacids, and athletics training aids that are in general use and institutional advertising by pharmaceutical firms. [End of Exhibit D] 22 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT E GUIDELINES FOR USE OF ESPN MARKS 1. Sponsor shall use the ESPN Marks solely as provided in the Agreement and in no other manner. 2. Sponsor shall always use the ESPN Marks as a proper adjective modifying the common descriptive terms associated with the ESPN Marks as provided in the Agreement. 3. Sponsor’s house mark or house logo must appear on any materials where the ESPN Marks are used and must be larger and more prominent than the ESPN Marks. 4. In connection with each use of the ESPN Marks, Sponsor shall place an asterisk by the ESPN Marks and cause the following expression to appear as a legend: “Registered Trademark or trademark of ESPN in the United States and/or other countries and used under license from ESPN.” 5. Sponsor shall not use the ESPN Marks in the possessive or as nouns nor shall it pluralize or abbreviate the ESPN Marks. 6. The ESPN Marks must stand-alone. The minimum required area of empty space around the ESPN Marks is 1/2x, where x equals the height of the ESPN Marks. 7. Sponsor shall always capitalize all the letters of “ESPN” or use the ESPN Marks in the exact stylized form provided to Sponsor by ESPN electronically or in hard copy form. The ESPN Marks may not be altered in any manner not set forth herein without the prior written approval of ESPN. 8. Sponsor shall not use the ESPN Marks in any manner that expresses or might imply Sponsor’s affiliation, sponsorship, endorsement, certification or approval other than as contemplated by this Agreement. 9. Sponsor shall not combine the ESPN Marks with any other symbols, words, logos, icons, graphics, photos, slogans, numbers or other design elements of either Sponsor or any third party. 10. Other than as provided herein, Sponsor shall not use the ESPN Marks in a trade name, business name, domain name, product or service name, logo, trade dress, design, slogan or other trademark. 11. Sponsor shall conform its use of the ESPN Marks to other rules that ESPN provides in writing to Sponsor from time to time. [End of Exhibit E] 23 Sponsor_EPI Long Form Sponsor MASTER_February 17, 2021 mb FINAL 7-22-22 EXHIBIT F ESPN’S MEDIA DELIVERY GUIDELINES (attached under separate cover) [End of Exhibit F] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1127 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, in the amount of $536,486.37, for renovations and structural repairs at BayCare Ballpark, and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. A 20-year capital improvement (reserve) study was completed in Fiscal Year 2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering for Baycare Ballpark (formerly Spectrum/Bright House Field). As a result of the study, CIP budgets for the maintenance and upkeep of Baycare Ballpark were established. Pennoni Associates, Inc. conducted their annual structural inspection of the stadium and recommend that several structural cracks and spalling concrete be repaired as well as major renovations to the dugouts. This contract will provide for concrete repairs at several locations in the stadium where various structural cracks have appeared in the precast beams, corbels, columns, and slabs. The contractor will rout and seal concrete slab cracks, install epoxy injections in precast beams, corbels and columns, and replace spalling concrete by forming and pouring with an approved repair material. Also, both dugouts will be renovated to repair flooding that has been occurring in the recessed dugout areas. This repair work is estimated to take 90 consecutive calendar days, to be completed prior to the Phillies 2023 Spring Season. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP M2204 “Carpenter and Baycare R & R” to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1129 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve a purchase order to American Mulch and Soil, LLC of Spring Hill, Florida, for mechanically blown-in mulch services in the total annual not to exceed amount of $150,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid 20-22R, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 1, 2022, Procurement issued Invitation to Bid (ITB) 20-22 for Mulch and Mulch Services. On May 17, 2022, Procurement requested City Manager approval to cancel the ITB per Clearwater Code of Ordinances Section 2.562(2)(b) due to not receiving any responsive responses to the solicitation requirements. Procurement issued ITB 20-22R on July 29, 2022, for Mechanically Blown-In Mulch Services. The City received one responsible bid. This contract will provide mechanically blown-in mulch throughout the city, most notably at all high tourism areas, the Downtown District, parks, medians, rights of way and ballfields. ITB #20-22R was issued for known services for the Parks & Recreation and Public Works Departments; however, this contract is available for citywide use to include additional services for other departments. APPROPRIATION CODE AND AMOUNT: Funding for these contracts will come from a variety of general fund sources, but primarily from various maintenance cost centers within the Parks and Recreation and Public Works Departments, and other departments’ contractual services budgets as additional services are utilized. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/26/2022 1) American Mulch & Soil, LLC 13838 Hays Rd Spring Hill, FL 34610 973-865-5715 ADVERTISED: TAMPA BAY TIMES 8/3/2022 POSTED:myclearwater.com 7/29/2022 FOR THE CITY OF CLEARWATER Due/Opening: August 18, 2022; 10:00 a.m. INVITATION TO BID No. 20-22R MECHANICALLY BLOWN-IN MULCH Solicitation Response Listing CITY OF CLEARWATER ITB #20-22R, Mechanically Blow-In Mulch Services DUE DATE: August 18, 2022; 10:00 AM BID TABULATION Item No.Description Est. Annual Quantity Unit Unit Price Total Price 1 FURNISH AND INSTALL BLOWN NATURAL SHREDDED MULCH 2,500 Cubic Yard $40.00 $ 100,000.00 2 FURNISH AND INSTALL BLOWN RED SHREDDED MULCH 2,500 Cubic Yard $42.00 $ 105,000.00 3 FURNISH AND INSTALL BLOWN BROWN SHREDDED MULCH 2,500 Cubic Yard $42.00 $ 105,000.00 4 FURNISH AND INSTALL BLOWN PINE BARK "MINI-NUGGETS" (3/4"- 1 3/4")2,500 Cubic Yard $48.00 $ 120,000.00 5 FURNISH AND INSTALL BLOWN PINE BARK "NUGGETS" (2"- 4")500 Cubic Yard n/a $ - NOTE: Items with a star ( ) indicates intent to award. American Mulch & Soil LLC 13838 Hays RoadSpring Hill, FL 34610 Page 1 of 1 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #20-22R Mechanically Blown-In Mulch Services July 29, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, August 18, 2022 to provide Mechanically Blown-In Mulch Services. Brief Description: The City of Clearwater’s Parks and Recreation Department seeks a qualified vendor(s) to provide mechanically blown-in mulch services for city rights-of-ways, parks, and facilities. 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: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Mechanically Blown-In Mulch Services 2 ITB #20-22R i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: August 18, 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 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS Mechanically Blown-In Mulch Services 3 ITB #20-22R 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, 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. INSTRUCTIONS Mechanically Blown-In Mulch Services 4 ITB #20-22R 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 copy shall be for internal use in evaluating the proposal. INSTRUCTIONS Mechanically Blown-In Mulch Services 5 ITB #20-22R 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Mechanically Blown-In Mulch Services 6 ITB #20-22R 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: July 29, 2022 Advertise Tampa Bay Times: August 3, 2022 Bids due: August 18, 2022 Review bids: August 18-24, 2022 Award recommendation: August 24, 2022 Council authorization: September 15, 2022 Contract begins: September 2022 STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 7 ITB #20-22R 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 Mechanically Blown-In Mulch Services 8 ITB #20-22R 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 Mechanically Blown-In Mulch Services 9 ITB #20-22R S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 10 ITB #20-22R 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 STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 11 ITB #20-22R 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. STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 12 ITB #20-22R 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 STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 13 ITB #20-22R 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). STANDARD TERMS AND CONDITIONS Mechanically Blown-In Mulch Services 14 ITB #20-22R 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. DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 15 ITB #20-22R 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. 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 Parks and Recreation Department seeks a qualified vendor(s) to provide mechanically blown-in mulch services for city rights-of-ways, parks, and facilities. Specific requirements include but are not limited to: labor, material, equipment, tools, machinery, supplies, and personal protective equipment (PPE) to install mechanically blown mulch. Examples of service locations include but are not limited to the following. • Cleveland Streetscape (Missouri Ave - Osceola Ave) • Memorial Causeway Medians (1 Causeway Blvd Roundabout - Causeway Blvd Doughboy) • Seminole Boat Ramps (Entire site, all landscape beds) • Crest Lake Park (Entire park- including Doggy Days parking lot) • Gulf to Bay Blvd Medians (Ewing Ave and Court Street at Chestnut Street to McMullen Booth Rd) • Baycare Ballpark facility (entryways, perimeter, etc.) 3. TECHNICAL REQUIREMENTS. • Mulch shall meet Level 503 Environmental Protection Agency (EPA) Standards. • Mulch that is CCA (Chromated Copper Arsenate) treated will not be accepted. • All mulch shall be of good quality as determined by the City designee. Item #1 - #3 - Florida Natural Shredded Mulch • Mulch shall consist of clean dried wood, predominantly Florida Pine, Oak, and blended with clean, virgin, round woods (Florida Slash Pine, Black Olive, Australian Pine, etc.). • Mulch shall be free of sand, dirt and noxious weed seeds. • Mulch shall be brown, red, or natural in color. • Product shall be free of metals, nails, staples, plastics, paper, glass, leaves, sand, seeds and any other form of debris. • No recycled yard waste, plywood, palm fronds, Melaleuca or Brazilian pepper is allowed. DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 16 ITB #20-22R Item #4 - #5 - Natural Non-Dyed Pine Bark (nuggets and mini nuggets) • Non-Dyed Pine Bark (nuggets) shall be natural in color and shall be composed of virgin Florida Pine. • Wood Chips size shall not exceed a maximum of four inches (4”) in length or half inch (½”) in diameter. • Product shall not be applied within two inches (2”) of any structure or tree. • Product shall be free of metals, nails, staples, plastics, paper, glass, leaves, sand, seed and any other form of debris. • No recycled yard waste, plywood, palm fronds, Melaleuca or Brazilian pepper is allowed. 4. QUALITY ASSURANCE. • Prior to award, and at any time during the contract period, the Vendor(s) shall provide samples of mulch to the City designee to ensure that products meet or exceed City standards. 5. VENDOR RESPONSIBILITY. • Vendor(s) shall furnish all supervision, labor, equipment, materials, tools, PPE, travel, fuel, machinery, transportation and any other facilities and/or services necessary to accomplish the tasks completely as specified herein at the Vendor’s expense. • Vendor(s) shall remove all trash and debris prior to applying mulch. • Vendor(s) shall clean up displaced mulch, or any dust associated with the mulch application from paved, finished surfaces, walls, concrete, pools, playgrounds, and any other hard surface area immediately, to avoid staining. • If staining occurs, Vendor(s) shall immediately remove all staining associated with the mulch application. • Vendor(s) shall take extra care when mulching near pools and/or other bodies of water and shall immediately remove any debris that is displaced into a body of water, as to ensure debris does not become lodged in drains or filters. • Vendor(s) shall remove any debris and excess material from the project location on the day of service and dispose of debris off-site, at no additional cost to the City. • Vendor(s) shall bear the responsibility for visiting each location to assess site conditions and the ability to access locations to install the mulch. • Damage to existing facilities, equipment, planting, etc. by the Vendor(s), in the performance of their work, shall be repaired or restored to original condition immediately. 6. CITY’S RESPONSIBILITY. • A City designee shall meet the Vendor at each site to provide direction for the installation and open any gates into the site. 7. WORK SCHEDULE. • Mulch application shall be Monday through Friday, 7:00 a.m. to 4:00 p.m. or until job is complete unless other arrangements are made between the City designee and Vendor(s). • Vendor(s) shall give the City designee forty-eight (48) hour notice prior to any mulch application. DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 17 ITB #20-22R • Vendor(s) shall follow the work schedule as mutually agreed upon by the City designee. Any deviation of the work schedule shall be approved by the City designee prior to the commencement of work. • If for any reason, the Vendor(s) cannot meet the established schedule (i.e., equipment breakdown, weather, lack of personnel, unforeseen emergency; etc.), the Vendor shall notify the City designee immediately, via phone call, text or e-mail. 8. SUPERVISION AND STAFF. • Vendor(s) shall provide an adequately trained, qualified supervisor(s) capable of providing on-site supervision to accomplish the services specified herein. A qualified supervisor shall always be on-site.  On-site supervisor is defined as the person who has the authority to make immediate and binding decisions on behalf of the Vendor regarding the disbursement of any resources needed, including, but not limited to, materials, equipment, labor, or otherwise as directed by the City designee, and shall be at no additional cost to the City. • The City designee may request the Vendor(s) remove any supervisor or employee that does not perform services in accordance with all terms, conditions, and specifications of the contract. • Each qualified supervisor, to the satisfaction of the City designee, shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers. • The qualified supervisor shall be available for pre and post work site inspections, as required by the City designee, to review maintenance procedures and practices under the contract. Any deficiencies shall be corrected to the satisfaction of the City designee. Failure to comply with terms and conditions, specifications and/or failure to correct deficiencies may result in default and/or termination of the contract. • Vendor’s employees shall be required to wear approved company uniform (shirt/uniform with company name) abide by all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a professional manner while on City properties. 9. COMMUNICATIONS. • Vendor(s) shall provide a single point of contact, who will be readily available during normal business hours. Vendor(s) shall be responsible for immediately notifying the City designee with any changes in account manager or contact information. Account manager's responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting and issue resolution. • Vendor(s) shall respond by phone to all calls within one (1) hour of notification, Monday through Friday, 7:00 a.m. to 4:00 p.m. • Upon award, Vendor(s) shall provide a list of phone numbers for the onsite supervisor and a designated backup representative to the City designee. 10. VEHICLES/EQUIPMENT. • Vendor(s) shall include a list of equipment to be used in the performance of the contract with their bid submittal. Upon request, such equipment must be available for inspection by the City designee prior to award of the contract and at any time during the contract period. • All Vendor vehicles on City properties must have their company name and telephone number visible. Vendor shall keep all vehicles clean, in good repair and free from leaking fluids. DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 18 ITB #20-22R 11. INSPECTION AND APPROVAL. • Vendor(s) shall contact and meet with the City designee at the job site prior to commencement and at completion of any job. • Prior to leaving the work site for the day, the onsite supervisor shall thoroughly inspect the site/facility to ensure that all requirements, as outlined in the contract, are addressed in accordance with the contract specifications. No payment will be approved until the site meets contract specifications. If there is work remaining, the on-site supervisor shall contact (via phone, text or e-mail) the City designee prior to the end of that workday to notify them of what work is remaining. Any work remaining shall be completed by the time limitations mutually agreed upon by the City designee and Vendor. • Upon inspection, if the work specified has not been satisfactorily completed, the City designee shall contact the Vendor to advise them to take the necessary corrective measures to meet City standards.  Vendor(s) will be given five (5) business days from this notification to make appropriate corrections. • Upon re-inspection and approval by the City designee, invoice(s) will be processed for services billed. 12. TRAFFIC CONTROL AND PEDESTRIAN SAFETY. • Vendor(s) must have a Florida Department of Transportation (FDOT) Temporary Traffic Control (TTC), formerly Maintenance of Traffic (MOT), intermediate certified individual on staff for the duration of the contract term. Proof of such certification shall be submitted with bid submittal. • For work to be completed within the right-of-ways, the Vendor(s) shall set up TTC/MOT per FDOT specifications and shall have a TTC/MOT certified individual onsite. • Vendor(s) shall be fully acquainted and comply with TTC/MOT requirements. Vendor is responsible for all TTC/MOT coordination and notification of appropriate agencies. If applicable, the TTC/MOT plan must be submitted to and approved by the City designee prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City's Traffic Operations division with a minimum of forty-eight (48) hours in advance of scheduled operations. They can be reached at 727-562-4750. • All proposed traffic control shall conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, (most up to date 600 Series) and the FDOT Standard Specifications for Road and Bridge Construction. The Vendor(s) shall use Index 627 whenever equipment is relocated or driven on existing open travel lanes. • TTC/MOT equipment shall be provided by the Vendor(s) during the duration of the contract and shall be included in unit pricing. • Vendor(s) shall position advance warning signs as appropriate for the existing field conditions. Vendor(s) shall provide a crew responsible to construct, relocate, and maintain all traffic control devices, to cover, add/or remove signs as needed, and do all work necessary to maintain a safe work zone. • Vendor(s) shall be responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Vendor(s) shall coordinate DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 19 ITB #20-22R maintenance operations in certain high pedestrian areas and peak time periods with the City designee.  The City reserves the right to limit the hours of operation in certain high pedestrian areas. Two-way traffic shall be maintained at all times through intersections and roadways. Closure is not permitted.  Precautions shall be exercised at all times for the protection of persons and property. Vendor(s) performing services under this contract shall conform to all relevant Federal, State, County and City regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be the sole responsibility of the Vendor(s).  Barricades shall be provided by the Vendor(s) when work is performed in areas traversed by persons, or when deemed necessary by the City. 13. PAYMENT/INVOICING. • Vendor shall submit all invoices to the Parks and Recreation Department. Invoices shall be submitted once monthly for services rendered during prior month. All invoices shall include the following information:  Site location(s)  Date of service  Services/Product rendered  Unique invoice number  Purchase Order (PO) number 14. ALL INCLUSIVE PRICING. Pricing shall be based on a per cubic yard price to be inclusive of all labor, equipment, material, tools, incidentals, and any other related service(s) and/or charge(s) that are necessary to complete the work outlined in this solicitation. There shall be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. 15. ADJUSTMENTS NECESSITATED BY MARKET VOLATILITY. The City may, at its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace. Requests for a price increase(s) must include written documentation demonstrating that all of the following conditions exist: 1. The increase is the result of increased costs at the manufacturer's, supplier’s, or shipper’s level and are wholly beyond the vendor’s control, and that; 2. The increase will not produce a higher profit margin for the contractor than those prices originally bid, and that; 3. The increase affects only those items clearly identified by the Contractor and are accompanied by written evidence, such as a supplier’s invoice to the Contractor showing the price increase for the item(s). Documentation submitted to the City by the Contractor for all requested price increases outside the contract term shall include at minimum: written justification from the Manufacturer(s) or their assigned representative(s), increased cost, type of commodity and/or service, explanation for increase, the source of supply and supporting invoice(s). To establish a baseline for all requested increases, evidence of the Contractor’s cost at time of bid will be required. The City will determine what is acceptable documentation. DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 20 ITB #20-22R Price increases will not be considered for orders received, placed, and/or in process of fulfilment awaiting shipment. The City may request pricing documentation from the Contractor at any time during the term of the contract. Failure to provide the documentation within the time requested may result in cancellation in whole, or in part, of the contract. All price increase requests along with supporting documents must be submitted to the City representative for review who will forward to Procurement for final approval. NOTE:  All price increases must be approved by the City’s Procurement Division prior to taking effect. 16. CHANGES IN SCOPE OF WORK. • The City reserves the right to make changes as deemed necessary in the scope of work at any time during the term of the contract. Changes include, but are not limited to the following:  Increase or decrease in quantities of work;  Deletion or alteration of any portion of the work;  Changes in design or specification; and  Addition of new work • Any changes to the scope of work shall be mutually agreed upon by both City designee and Vendor. Work not approved will be the responsibility of the Vendor(s). 17. MINIMUM QUALIFICATION. • Vendor shall supply, along with the bid submittal, a minimum of three (3) references for current commercial customers, where the Vendor performs work of a similar scope as outlined in the proposed solicitation. • Vendor shall have been in business for a minimum of two (2) years. 18. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five DETAILED SPECIFICATIONS Mechanically Blown-In Mulch Services 21 ITB #20-22R 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. 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 #20-22R P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Mechanically Blown-In Mulch Services 22 ITB #20-22R 1. BEGINNING AND END DATE OF INITIAL TERM. September 2022 through August 2023. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 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 Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/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 Mechanically Blown-In Mulch Services 23 ITB #20-22R 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 References form List of Equipment per DETAILED SPECIFICATIONS #10. VEHICLES/EQUIPMENT, pg. 18 Proof of TTC/MOT intermediate certification per DETAILED SPECIFICATIONS #12. TRAFFIC CONTROL AND PEDESTRIAN SAFETY, pg. 18 W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Mechanically Blown-In Mulch Services 24 ITB #20-22R Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Mechanically Blown-In Mulch Services to the City of Clearwater at the price(s) stated below. NOTE: The quantities shown on the Bid Pricing page are estimated quantities to establish pricing. ITEM NO. DESCRIPTION ESTIMATED ANNUAL QTY UNIT UNIT PRICE TOTAL 1 FURNISH AND INSTALL BLOWN NATURAL SHREDDED MULCH 2,500 CUBIC YARD $ $ 2 FURNISH AND INSTALL BLOWN RED SHREDDED MULCH 2,500 CUBIC YEARD $ $ 3 FURNISH AND INSTALL BLOWN BROWN SHREDDED MULCH 2,500 CUBIC YEARD $ $ 4 FURNISH AND INSTALL BLOWN PINE BARK "MINI-NUGGETS" (3/4"- 1 3/4") 2,500 CUBIC YEARD $ $ 5 FURNISH AND INSTALL BLOWN PINE BARK "NUGGETS" (2"- 4") 500 CUBIC YEARD $ $ 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: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Mechanically Blown-In Mulch Services 25 ITB #20-22R 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 Mechanically Blown-In Mulch Services 26 ITB #20-22R 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 Mechanically Blown-In Mulch Services 27 ITB #20-22R 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 Mechanically Blown-In Mulch Services 28 ITB #20-22R 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 Mechanically Blown-In Mulch Services 29 ITB #20-22R 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 Mechanically Blown-In Mulch Services 30 ITB #20-22R By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Mechanically Blown-In Mulch Services 31 ITB #20-22R Instructions: The bidder shall submit a minimum of three (3) customer references for which the vendor has recently performed similar services (reference 15. Minimum Qualification, page 20). Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Mechanically Blown-In Mulch Services 32 ITB #20-22R --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #20-22R, Mechanically Blown-In Mulch Services Due Date: August 18, 2022, 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 #20-22R, Mechanically Blow-In Mulch Services Due Date: August 18, 2022, 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 October 10, 2022 NOTICE OF INTENT TO AWARD The Parks and Recreation Department along with the Procurement Division recommend award of ITB No. 20-22R, Mechanically Blown-In Mulch Services, to American Mulch & Soil, LLC of Spring Hill, Florida, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $150,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the October 31, 2022, Work Session (9:00 a.m.) and voted on at the November 3, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst, Kelly Rogers at Kelly.Rogers@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1091 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Declare surplus certain real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East for the purpose of sale to an abutting property to support meaningful development through proposed Invitation to Bid 01-23, more specifically, declaring a 10-foot strip of land, deeded to the City of Clearwater, located on Rogers Street, Clearwater, as recorded in Official Records Book 6302, Page 1729, together with a 20-foot strip of vacated right-of-way which title became vested in the City of Clearwater as a result of Ordinance 9507-21, recorded in Official Records Book 21781, Page 2617, of the Public Records of Pinellas County, Florida, and authorize the appropriate officials to execute same. (APH) SUMMARY: On August 5, 1985, the City of Clearwater acquired the fee simple ownership of a 10-foot strip of land for Rogers Street right-of-way abutting existing Rogers Street 40-foot right-of-way. The existing 40-foot right-of-way was vacated by Ordinance 9507-21 on October 21, 2021. The City expressly reserved fee ownership of the north 20 feet of vacated right-of-way included in the total 30-foot strip to be declared surplus. The appraised value of the combined 30-foot strip, an uneconomic remainder, has been determined by James Millspaugh & Associates, Inc., to be Ten Thousand Dollars ($10,000.00). Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. The appraised value is the dollar amount that city management recommends council set the minimum required bid for a successful bidder to exceed in the Invitation to Bid. In the vacation ordinance, the City expressly reserved a utility easement for the installation and maintenance of any and all public utilities under, over, across and through the entire 30-foot strip described in Exhibit A. City management supports declaring the property surplus for the purpose of sale through Invitation to Bid. Page 1 City of Clearwater Printed on 10/26/2022 RETROSPECTIVE APPRAISAL REPORT 30’ SECTION OF ROGERS STREET ADJACENT TO PART OF LOTS 2-3 OF WILLIAM BROWN’S SUBDIVISION OF BAYVIEW FLORIDA PLAT BOOK 1, PAGE 13, HILLSBOROUGH COUNTY AT 2963 GULF TO BAY BOULEVARD CLEARWATER, FLORIDA 33759 DATE OF VALUATION FEBRUARY 21, 2022 PREPARED FOR MS. SUZANNE KRAMER REAL ESTATE SERVICES COORDINATOR CITY OF CLEARWATER ENGINEERING DEPARTMENT 110 S. MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 SENT VIA E-MAIL: SUZANNE.KRAMER@MYCLEARWATER.COM PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 - PHONE: (727) 461- 2648 - FAX: (727) 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com September 23, 2022 Ms. Suzanne Kramer Real Estate Services Coordinator City Of Clearwater Engineering Department 110 S. Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Sent Via E-Mail: suzanne.kramer@myclearwater.com Re: Retrospective Real Estate Appraisal Services 30’ Section of Rogers Street Adjacent to Part of Lots 2-3 Of William Brown’s Subdivision of Bayview Florida Plat Book 1, Page 13, Hillsborough County At 2963 Gulf To Bay Boulevard Clearwater, Florida 33759 Dear Ms. Kramer: At your request, I have made a retrospective appraisal report of the market value of the fee simple estate of the above referenced real property only. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 17 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the market value of the referenced real property only and subject to the stated limitations, definitions and certifications set forth in the attached retrospective appraisal report as of February 21, 2022, was: TEN THOUSAND DOLLARS ($10,000) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. _________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 1 Exposure Period Estimate 2 Statement of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 9 Assessment and Tax Data 10 Zoning and Land Use Data 10 Highest and Best Use 11 Land Value Estimate 15 ADDENDA Qualifications of the Appraiser Standard Definitions Site Drawing Legal Description City Aerial EXISTING CONDITIONS 30’ SECTION OF ROGERS STREET ADJACENT TO PART OF LOTS 2-3 OF WILLIAM BROWN’S SUBDIVISION OF BAYVIEW FLORIDA PLAT BOOK 1, PAGE 13, HILLSBOROUGH COUNTY AT 2963 GULF TO BAY BOULEVARD CLEARWATER, FLORIDA 33759 DATE OF PHOTOGRAPHS: FEBRUARY 21, 2022 SITE VIEW LOOKING EAST BEYOND 2963 OFFICE BUILDING ON LEFT SITE VIEW LOOKING WEST IDENTIFICATION OF THE PROPERTY: The subject is located 348.44’ south of Gulf To Bay Boulevard to the south of Water’s Edge office building footprint roughly 500’ west of Bayview Avenue. It is legally described in the Addenda exhibits drawn by Stantec Consulting Services, Inc. of Tampa, Florida, referenced as Project No. 215614892 dated 2/19/19 as Part B, together with the adjacent S. 20’ of the Rogers Street right-of-way. CENSUS TRACT LOCATION/ZIP CODE: #254.05/33759 FLOOD ZONE LOCATION: Pinellas County, Florida Map #12103C0129H Effective Date: 8/24/21 The site and adjacent bluff lands are located in a zone X which is not a special flood hazard area and is defined as an area of minimal flooding. ENVIRONMENTAL AUDIT DATA: The appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL REPORT: The objective of the appraisal report is to estimate the retrospective market value of the subject property as of the February 21, 2022 (Date of inspection and photographs). Is my understanding that the intended use of the report is for guidance to the city of Clearwater in negotiating a sale of the property to the adjacent owner as part of an assemblage for a proposed apartment complex and the intended users are the City of Clearwater and buyer representatives and no others. 2 EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject at my value estimate on the appraisal date. Given the brisk development cycle for multi-family apartment development in this locale that has extended back roughly five years, this period would have been within a typical one-year contract period. STATEMENT OF OWNERSHIP AND RECENT SALE HISTORY: There have been no subsequent transfers of the property that would impact the current market value, however, the 2963 owner gave a quitclaim deed for its potential interest in the 10’ section of the parcel to the DD Gulf To Bay, LLC., on March 16, 2021, recorded at O. R. Book 21435, Page 2577. Per the owner representative, Mr. David McComas, they sold the agreement at a $50,000 consideration that included constructing a monumental fence along the north side of the 10’ strip at an approximate $25,000 cost to the 2963 ownership. As such, the land sold at roughly $25,000 net or $10.69 PSF ($25,000/2,338 = $10.69 PSF). SCOPE OF THE APPRAISAL: The extent of my research effort has included primarily the sale of proximate land having the same zoning/land use regulations and highest and best use. Further, consideration has been given to the physical site characteristics that would ordinarily not allow individual use of the subject except for addition to an assembled site plan as previously proposed here. Specifically, I have researched the Property Appraiser’s and Clerk’s data, local MLS, business periodicals, internet sources and my newspaper clipping files together with my personal data banks of similar transactions. I have inspected the sale data and confirmed the transactions with a related party. I have previously appraised the 2975 Gulf To Bay site during 2018 and the subject 30’ strip in February 2022 at which point it was included in the proposed site plan for the adjacent apartment complex. 3 1DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. 4 The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these, or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable but assume(s) no responsibility for its reliability. The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. 5 Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the retrospective market value estimate of the subject strip as of February 21, 2022, was: TEN THOUSAND DOLLARS ($10,000) ____________________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser 0000058 7 AREA DESCRIPTION: This eastern section of Clearwater is known as Bayside as it extends east from US 19 to the Tampa Bay shoreline. It is characterized as a crossroads to major employment centers in the Pinellas Gateway and Tampa Westshore districts via the Bayside Bridge and Courtney Campbell Parkway which connects to the Clearwater Beach tourist district along Gulf To Bay Boulevard/SR #60. This route is the major tourist entrance point for the auto and flying travelers heading to Clearwater Beach. The major activity node here forms around the Clearwater Mall at US 19 and declines towards Tampa Bay due to the lack of populous/standard improvements prevented by the actual water surface. Traffic counts plus a potential water view amenity are major positives for the subject in spite of the less populated demographic. The use trend along Gulf To Bay includes office, retail, restaurants, RV Park, motels plus a large grouping of mobile home parks, many of which including two older trailer parks fronting Gulf To Bay west of Bayview Avenue are under development currently for multi-family apartments. The district had recently attracted the proximate 300,000 SF regional office for BayCare Health Services at Bayview and Drew Street, a major apartment complex fronting Tampa Bay just east of the mall plus four new fast-food restaurants (McDonald’s, Tijuana Flats, Starbucks, and Taco Bell). The majority of the existing space here fronting Gulf To Bay is fully occupied with no more than several smaller properties for lease or sale. The COVID-19 pandemic here appears to have had greater impact on multi-tenant office space with vacancy levels increasing during the 2020-2022 period. The Clearwater sanitary sewer plant located in the SE quadrant of Gulf To Bay and the Bayside Bridge had historically been a detriment while the elevated roadway shielded its exposure along with the public park at the southwest quadrant that enabled open water views into Tampa Bay. This locale has also attracted one of Clearwater’s major church complexes at Drew Street and McMullen-Booth Road plus the private Clearwater Christian College sited on old Tampa Bay off the causeway just east of Bayshore Drive was recently acquired for further college use in a newly developed mid-rise building over structured parking. 8 9 Clearly then, this crossroads district has historically attracted a wide activity base related to the causeway/bridge, adjacent residential areas in Clearwater and Safety Harbor and its central Tampa Bay area location. Prior to the COVID-19 Pandemic, the re-stabilized real estate market, local, state and federal economies, reduced unemployment and modest interest rates, there had been no expectation for a declining value/demand profile for the subject locale. Given its prime location, any downward demand/value here would be expected to be specific to the property type and not the area in general. SITE DATA: The subject is a narrow 30’ rectangle having 233.89’ and 233.74’ east-west dimensions and a total land area of 7,014 SF. It is basically level, even with the former trailer park site but well below the north adjacent office building pad that was graded to provide better visibility from the roadway. The 10’ strip had increased the previous Rogers Street width from the otherwise standard 40’ in other parts of the subdivision. The general area slopes from the roadway near the 28’ elevation to near 10’ along the Tampa Bay shoreline. While being in a storm evacuation zone, the site is not in a flood hazard zone. All public and private utilities are available to this site and locale with Gulf To Bay Boulevard being the area’s major east-west traffic route and having a 2019 traffic count of 56,000 just east of US 19 and including modern improvements and center turn lanes. Proximate traffic lights at Hampton Road and McMullen-Booth/Bayside Bridge ease traffic access during the regular days but less so on weekends and holidays. Surrounding improvements include office/retail space on Gulf To Bay Boulevard, under- construction apartments to the east plus pending on the adjacent site with both having Tampa Bay frontage/views. An older garden complex exists just to the west with another modern complex beyond towards Clearwater Mall. There are no known detrimental influences adjacent or, in the locale, while the heavy traffic adds to the access/congestion in this crossroads market. 10 ASSESSMENT & TAX DATA: This parcel is not individually assessed but as part of the office building site the total land area is estimated at $15.00 PSF or roughly $105,000 for the 7,014 SF site. ZONING AND LAND USE DATA: The subject and general district south of Drew Street, west of Bayview Avenue, north of the Tampa Bay shoreline and west of Old Coachman Road are zoned US 19 with a Regional Center land use classification. This is a relatively new regulation (early 2017) that is form-based and fairly extensive to serve this nodal type locale with a full range of retail, office, service and attached dwelling uses. The allowed uses require three levels of approvals with the least difficult classified as BCP (building construction permit) subject only to staff approval. The next level is FLS level one that requires approval by the community development coordinator and the third level is the FLD level two that requires community development board approval. There are a total of 41 allowed uses with only 19 requiring the BCP approval process within the Regional Center district. These uses include alcohol beverage sales, bars, ALFs, brew pubs, community gardens, congregate care, educational facilities, indoor recreation/entertainment, light assembly, offices, overnight accommodations, parks and recreation facilities, research and technology, restaurants, retail plazas, retail sales and services, telecommunications towers, veterinary offices and attached dwellings. Uses not allowed include outdoor recreation/entertainment, problematic uses, nursing homes, animal boarding, social and community centers, social/public service agencies, nursing homes and vehicle service/limited while all can be approved by level one or level two requirements. The subject fronts a type “A” street that requires setbacks of 15’-20’ front, 10’ side and 10’ rear. There is a maximum FAR of 2.5 and height of 150’ that can be lowered by proximity to residential zoning within 50’ of a building at a maximum of 35’. That can be increased by a ratio of added distance. The form-based concepts are heavily reliant on the pattern and form of the improvements with the public goal of creating a consistent development pattern with walkability/transportation corridors as useful as possible. The regulation requires similar parking ratios as previous regulations including 1.5 per unit for attached dwellings, commonly 4 spaces per 1,000 SF for office/retail use and one per unit for overnight accommodations among others with potential reduction incentives. 11 HIGHEST AND BEST USE: (Defined In Addenda) This concept would be for assemblage with the adjacent former Bay Breeze Trailer Park for development of a modern apartment complex having Tampa Bay views. This parcel was required to have structured parking to accommodate the most favored 400-unit complex size while other relatively recent complexes at Arbor Shoreline on US 19 and along Gulf To Bay Boulevard have been developed with 3-4 story on grade complexes with no structured parking due to having larger site sizes and no elevation problems. The adjacent two complexes required structured parking and, as such, sold at lower per unit price metrics than other nearby complexes. The larger the site, the better they are capable of providing support retention, open space, and parking facilities. The submerged lands included had no benefit to the number of units but could provide waterfront common areas. While the subject then is not usable separately, it nonetheless can add to the total size and, therefore, the density of the adjacent parcel. Alternately, the US 19 zoning regulation would allow a larger building that if beyond the 4-6 story range would be more cost prohibitive and likely exceed the 400-unit threshold. In this instance, the grade level parking structure was sufficient to meet the demand without the added platform and high-rise costs. Clearly, there is likely minimal demand for this section of the site that had been included in the initial approved site plan while the office building owner also had no practical use for the 10’ strip and had given a quitclaim deed divesting its interests (recorded O. R. Book 21435, Page 2577) and agreeing to install a monumental quality fence along the northern property line. In reality, the adjacent former mobile home park had adequate land size to build the project without the subject 30’ wide section that is reported to have buried utility pipes in an easement. In spite of their original intention to include the subject in this land assemblage they have opted to exclude its use for the new complex. As such, it is evident that any value for this parcel would be at a nominal level below the examples noted in the following analysis. 12 LAND SALE #1 Location: SW Corner of Gulf To Bay Boulevard and Cross Boulevard, Clearwater Legal Description: Part of Lot 2, Baskin’s Replat Resub, Plat Book 24, Page 42 (Parcel # 17-29-16-03006-000-0206) Date of Sale: May 2016 Sales Price: $1,585,000 Size: 200’ x 279’ Irregular; 50,108 SF Price PSF: $31.63 Grantor/Grantee: AB/PSREG Bayview Owner, LLC./GTB Retail, LLC. Recording Data: O.R. Book 19224, Page 1735 Sale Confirmed With: A. Everett, Grantor Rep. Zoning: C, Commercial, Clearwater Comments: This site represents a commercial out-parcel to the Solaris Key Apartment Complex that extends south to the Tampa Bay shoreline. Typical uses along the roadway are mostly retail with the adjacent site having been recently improved with a new McDonald’s after having been a Village Inn for several decades. The 2015 MPO traffic count here was at 48,500 versus 87,500 for US 19 and 60,000 on McMullen-Booth Road. Subsequent to this transaction a 274.2’ x 150’ site located adjacent west sold in October 2018 at $1,050,000/$25.53 PSF for development of a Starbucks (recorded O. R. Book 20297, Page 0216). The site was off the corner and included wetland areas along the western boundary. 13 LAND SALE #2 Location: South side Gulf To Bay Boulevard, approximately 100’ west of Bayview Avenue, Clearwater Legal Description: Lot 1 less E 50’ plus Lot 2 less W 153.92’ and Lot 18 plus vacated Rogers Street, WM. Brown’s Bayview Subdivision Plat Book H-1, Page 13 Date of Sale: October 2019 Sale Price: $4,700,000 Size: 197.5’ x 877’ total 5.45 Acres total including 1.68 Acres submerged, 3.77 Acres upland Price PSF: $28.62 Grantor/Grantee: Wilder Corp. of Delaware/ BVT – Bainbridge Bayview Owner LLP. Recording Data: O.R. Book 20716, Page 1134 Data Confirmed With: M. M. Gfesser, Grantee Rep. Zoning: US 19, Clearwater Comments: This site had been cleared of the previous 58-space Bayside Gardens Trailer Park and offered for sale/redevelopment for about one year at $6,000,000. This buyer had a conditional development approval contract with reported then current plans for a structured parking facility with roughly 265 units that will offer bay views for most apartments. The narrow/deep configuration is ideal for the concept as the east adjacent properties would not block views into Tampa Bay or beyond the Bayside Bridge. The $17,736 per unit price is considerably below the Arbor Shoreline-Bainbridge purchase made in October 2017 at $14,000,000/$38,889 per unit that allowed on grade buildings and parking versus this site that required structured parking that allows a 70/acre density. The Arbor Shoreline site was developed at a 20.6 PA density (recorded O. R. Book 19873, Page 0 811). 14 LAND SALE #3 Location: 2975 Gulf To Bay Boulevard, Clearwater Legal Description: West 153.92’ of Lot 2, east 46.08’ of Lot 3, east 70’ of Lot 15 and Lots 16-17, W. M. Brown’s Subdivision of Bayview Plat Book 1, Page 13 plus adjacent submerged lands in Tampa Bay Date of Sale: November 2019 Sale Price: $12,050,000 Size: L-shaped uplands 7.539 plus 1.95 acres submerged lands (Excludes subject 30’ strip) Price PSF: $36.69 Price Per Unit: $30,200 Grantor/Grantee: Kirkpatrick Trust/ D. D. Gulf to Bay, LLC. Recording Data: O.R. Book 20780, Page 2197 Data Confirmed With: D. Kirkpatrick, Grantor Rep. Zoning: US 19, Regional Center, Clearwater Comments: This parcel was marginally improved with a 1950s era trailer park where the tenants had been relocated prior to this transaction. There was an east-west road right-of-way that was to be vacated with the buyer required to seek the vacation. The site has been planned for a 399-unit apartment complex housed in two on-grade buildings separated by a parking garage. The wide section of the lot allowed excellent views of old Tampa Bay. 15 LAND VALUE ESTIMATE: The first step is to consider the value of the adjacent parcel recently purchased as Land Sale #3 at $36.69 PSF. Land Sale #2 was acquired for retail uses at $31.63 PSF with a slightly shallower depth than the 2963 building but sold in the early stages of the current up-cycle that would now likely exceed $40.00 PSF. Land Sale #2 had a narrow water frontage in relation to Land Sale #3 but also required structured parking. It sold from an estate in liquidation with far less local interest than the Land Sale #3 with its wide frontage and larger site size. From these examples then and allowing for continued market pressure from multi-family apartment developers, it appears that a likely value for the subject assemblage for this property would be realistic near $40.00 PSF or $280,560 (7,014 SF @ $40.00 PSF = $280,560). The next step is to consider the narrow site configuration and realistically what net benefits would result. The 7.7 acres of the initial site plan acquisition for 399 units would indicate a 52 PA density and with a .161 Acres @ 52 PA, equaling less than nine units (.161 @ 52 PA = 8.37) or per city rules 8 units. Therefore, this strip of land would theoretically allow 8 added units at $30,200 per unit or $241,600. The zoning maximum would allow these further units but the existing site design would likely make this less practical. Therefore, it is likely that the subject strip would add a value somewhat below the PSF pro-rata figure of $241,600 SF. I have also considered the obvious lack of separate use of the subject slip in relation to the proximate conventionally shaped and sized parcels. The following examples are not ideal but illustrate the point that these types of transactions typically sell at a discount in relation to the similar market. This southerly 15’ of Lot 1, Hugh B. Hatch Subdivision located on CR #1 in Dunedin sold in August 1976, for $2,500. This was an unusable strip of excess land that was sold to one of three adjoining property owners. It’s dimensions were 15’ x 1,316’. The land, if conventionally shaped, would have been valued at $10,000 per acre or $4,540 for the narrow strip. The actual price reflects 55% of the conventional value and was influenced by the fact that the third owner at the end of the strip could have utilized this site for another access road (recorded O. R. Book 4455, Page 11). 16 A 70’ x 572’ site located on the north side of Lakeview Road about ¼ mile east of S. Ft. Harrison Avenue, Clearwater, sold in June 1986 or $126,236 or $3.15 PSF. It had been railroad owned, was zoned for light industrial and was purchased for speculative office/storage development by the area’s most active developer. The site was bounded by the active rail line on one side and a platted but unimproved street on the other. Both adjacent rights of way benefited this site’s ultimate development potential. At that point in time, other similar located sites of conventional shape would have been valued at $6.00 PSF which indicated this usable tract sold at 52.5% of standard due to its narrow configuration (recorded O. R. Book 6255, Page 965). Another similar scenario included a 34.72’ x 112.57’ MOL strip of former railroad right of way located south of Ohio Avenue in Palm Harbor where only the adjacent owner could benefit from its purchase. This site was fully improved with this parcel simply representing excess land. The site was purchased for $5,000/$1.48 PSF in July 1994 at a point when the full value for the adjacent land use was $3.50 PSF. This sale then represents 42% of full value (recorded O. R. Book 8728, Page 1775). Another more recent example in January 1996 included the sale of the vacated Milwaukee Avenue extending north from Main Street in Dunedin to Skinner Boulevard. This 40’ x 489’ MOL section of land was purchased by one of several adjacent owners to form a larger parcel. The buyer already owned a 3+ acre site but was motivated to create more buildable areas in anticipation of future demand. The $24,000/$1.07 PSF price reflected an average of 34.6% of adjacent land values for low density residential, office and related concepts (recorded O. R. Book 9213, Page 798). A downtown Clearwater example included a 15’ x 210’ parcel located in the southeast quadrant of Drew and Myrtle (Parcel #15-29-15-00000-220-0200) which fronted an unpaved alleyway about 180’ south of Drew Street. This site had no individual utility but was located in the development rectangle of the adjacent private school campus where land value was fair at $5.00 PSF. Both adjacent owners bid for the property and the high bidder at $7,300 sold the option to the private school at $3,500 in August 1998. Therefore, the total $10,800 cost indicated $3.42 PSF for a site having no substantial benefit to either party. This transaction then reflected 68.4% of the $5.00 PSF normal value (recorded O. R. Book 10214, Page 1250). 17 A substandard single-family lot (25’ x 91’) located at the northwest corner of Engman Street and Douglas Avenue, Clearwater, sold to the adjacent owner for extra yard space in April 2019 at $2,300 or $1.02 PSF while typically sized lots were selling near $4.00 PSF. This reflects 25.6% of normal pricing. This site was a corner that noticeably improved the residence at 1164 Engman Street. The lot was legally described as Lot 66, Block D, Greenwood Park #2, Plat Book 8, Page 16 (recorded at O. R. Book 20487, Page 0255). Another example included a 76’ x 91’ site that only fronted the Pinellas Trail but bordered an apartment building and single-family residence that had frontage on Overbrook Avenue and Sunset Point Road in northern Clearwater. The site had an MDR zoning with RU – Residential Urban Land Use (allowed 7.5 PA). Both parties expressed an interest in the site that was 10’-12’ above the trail surface. It sold at $6,006 in January 2020 on a SF basis and was near 75% of typical lot prices in this locale (recorded O. R. Book 20844, Page 2448). The purchase of the quitclaim deed for the north 10’ of the subject is another example that reflects roughly 26.72% ($10.69/40.00 = .2672) of the assembled adjacent site value. These examples then range from 25.6%-75% with a 50.4% average with it being obvious that the subject strip parcel adds only a nominal value as it was not needed to develop the proposed apartment complex. From my review of the physical aspects plus the non-essential use, I would value this site at the 15% level of the $241,600 figure or $36,240 less the $25,000 paid for the quitclaim deed or $11,240 that I would round to $10,000. ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains Marshall Valuation Service Cost Data, online real estate transactions from RealQuest as provided by CoreLogic and MLS sales data provided by MFR. MLSMatrix plus national surveys on lodging, food service, offices, industrial parks, mini-storage, shopping center markets, investor return rates and others. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2022. National USPAP Update, 2022. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member:Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) 4. [For fair value determination] The use of a nonfinancial asset by market participants that would maximize the value of the asset or the group of assets and liabilities (for example, a business) within which the asset would be used. (FASB Glossary) The highest and best use of a nonfinancial asset takes into account the use that is physically possible, legally permissible, and financially feasible. (FASB 820-10-35-10B). The highest and best use of a nonfinancial asset establishes the valuation premise used to measure the fair value of the asset, as follows: (a) The highest and best use of a nonfinancial asset might provide maximum value to market participants through its use in combination with other assets as a group (as installed or otherwise configured for use) or in a combination with other assets and liabilities (for example, a business). (b) The highest and best use of the asset might provide maximum value to market participants on a standalone basis. (FASB 820- 10-35-10E) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD ESTATE: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, a duplicate or replica of the building being appraised, using the same or similar materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Seventh Edition, 2022. pages 83, 88, 105 and 163. POINT OF COMMENCEMENT Northeast Corner of the SE 14 of Section 17, Township 29 S, Range 16 E S 89° 46' 01" W 450.00' POINT OF BEGINNING WM Brown's Subdivision of Bayview Florida Hillsborough Plat Book 1, Page 13 Lot 3 S 00° 37' 16" W 50.01'S 00° 37' 16" W 358.44'N 00° 13' 59" W 30.00' S 00° 37' 16" W 30.00' N 89° 46' 01" W 233.89' S 89° 46' 01" W 233.74' Gulf to Bay Blvd R/W Width Varies Vacated Rogers Street (OR 3095-79) Lot 2Lot 4 Lot 16 Lot 17Lot 15 Vacated Rogers Street (OR 21781-2617) The West 163.14' of Lot 3 DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Declaration of Surplus Rogers Street 30' StripJABTLM 03/09/2022 Lgl_2022-04 1 2 17 29S 16E This is not a survey N.T.S. That portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Record Book 6302, Page 1729 of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by City Ordinance No. 9507-21 recorded in Official Records Book 21781, Page 2617 of the Public Records of Pinellas County, Florida, being described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 17, Township 29 South, Range 16 East; thence South 00°37'16" West, a distance of 50.01 feet, to a point on the South right-of-way line of Gulf-to-Bay Boulevard (S.R. 60), said point being the Northeast corner of Lot 1 Wm. Brown's Subdivision of Bayview, Florida as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part; thence South 89°46'01" West, a distance of 450.00 feet, along said South right-of-way line, to the Northeast corner of the West 163.14 feet of Lot 3, of said subdivision; thence South 00°37'16" West, a distance of 358.44 feet to the Point of Beginning; thence continue South 00°37'16" West, a distance of 30.00 feet; thence South 89°46'01" West, a distance of 233.74 feet; thence North 00°13'59" West, a distance of 30.00 feet; thence North 89°46'01" East, a distance of 233.89 feet to the Point of Beginning. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Declaration of Surplus Rogers Street 30' StripJABTLM 03/09/2022 Lgl_2022-04 2 2 17 29S 16E This is not a survey Legal Description Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1094 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Declare as surplus, certain real property identified as a portion of parcel number 22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr. Avenue, which is legally described as a portion of Lot 2, Foundation Oaks, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida and the south 100 feet of the east 100 feet of the tract of land described in Exhibit A of the lease for the purpose of amendment to the Business Lease Contract for Community Dental Clinic, providing for two successive two-year extensions and authorize the appropriate officials to execute same. (APH) SUMMARY: The city-owned property is described as that certain portion of the building located at 1498 South Martin Luther King Jr. Avenue, containing 3354 SF, more or less, of interior floor area measured to the unfinished surfaces of its perimeter walls. It is currently being leased by Community Dental Clinic and being used as a community dental clinic. The City entered a Business Lease Contract with Community Dental Clinic for a period of five years on February 26, 2013. The lease allowed for one option to request an extension of the term of the lease for one successive five-year period which was exercised and terminates on February 26, 2023. Community Dental Clinic has requested a lease amendment to allow two successive extensions for a period of two years each, amending the term to potentially end February 26, 2027. The lease amendment is contingent upon the declaration of the city property as surplus. Page 1 City of Clearwater Printed on 10/26/2022 WOODLAWN ST S MARTIN LUTHER KING, JR. AVE EWING AVE 01483 1487 1495 1499 1481 1485 1489 1491 11011500 1503 1484 10081504 1498 901²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.314A 22-29s-15e08/30/2022Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Declaration of SurplusCommunity Dental Clinic1498 S Martin Luther King Jr Avenue Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\1498MLKSurplusAerial.mxd AERIAL MAP Proposed Portion to be Declared Surplus LEGAL DESCRIPTION: The Leased Premises is described as that certain portion of the building located at 1498 South Martin Luther King Jr. Avenue, a depiction of which is attached hereto, containing 3,354 square feet, more or less of interior floor area measured to the unfinished surfaces of its perimeter walls all together being a portion of: Lot 2, FOUNDATION OAKS, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida, and the south 100 feet of the east 100 feet of the following described tract of land: )URPWKHVRXWKHDVWFRUQHURIWKH1:óRIWKH6:óRI6HFWLRQ7RZQVKLS6RXWK5DQJH(DVW3LQHOODV&RXQW\)ORULGDUXQWKHQFH 1 ´ZHVWDORQJWKHHDVWERXQGDU\WKHUHRIIHHWWKHQFHQRUWK ´ZHVWIHHWWRWKHSRLQWRIEHJLQQLQJDOVREHLQJWKHQRUWK ULJKWRIZD\OLQHRI:RRGODZQ6WUHHWDQGWKHZHVWULJKWRIZD\OLQHRI6RXWK0DUWLQ/XWKHU.LQJ-U$YHQXHWKHQFHFRQWLQXHQRUWK ´ZHVW IHHWDORQJVDLGQRUWKULJKWRIZD\OLQHRI:RRGODZQ6WUHHWWKHQFHQRUWK ´ZHVWIHHWWKHQFHVRXWK ´HDVW IHHWWRWKHZHVWULJKWRIZD\OLQHRIVDLG6RXWK0DUWLQ/XWKHU.LQJ-U$YHQXHWKHQFHVRXWK ´HDVWIHHWDORQJVDLGZHVWULJKWRIZD\ line to the point of beginning. EXHIBIT A IWð Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1123 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Accept a 20-foot by 20-foot Utility Easement from Crown Castle GT Company, LLC, for installation, repair, maintenance, and replacement of sewer lines and drainage lines on real property located at 1600 S Myrtle Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The Utility Easement will allow the City rights for installation, repair, maintenance, and replacement of underground sewer lines and drainage lines, together with appurtenances thereto located in the easement. The City Public Works Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 10/26/2022 WATERSANSDSANSAN-WOOD-FLORIDA PWR-VERIZON-UNKNOWN-TELECOMM-20-12-24-24-14-12-14-14-14-50-STOPSSSSSSSSSSSSSSSSSSLOT 1 OF GTE MOBILENTSUBDIVISION PLAT BOOK 106 PAGE 68MYRTLE AVE.BELLEAIR RD.S21-29-15S22-29-15S27-29-15CLEARWATER380 PARK PLACE BLVD, STE 300, CLEARWATER, FL 33759TEL: (727) 531 - 3505 FAX: (727) 431 - 1777www.cardno.com Certificate of Authorization No. 29915 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1115 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $167,264.27 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual maintenance contract for Oracle software consisting of three components : Oracle database licensing at $43,573.33 for the City’s utility billing and asset management systems; Oracle OWAM maintenance (asset management system) at $101,500.69 for the City’s enterprise asset management application; and Oracle Mobile Device at $22,190.25 for licenses supporting remote access to the asset management application. This purchase is for the necessary maintenance of the Oracle software, which is only offered by Oracle, the software manufacturer. This maintenance cannot be acquired from any other source. The City has used the Oracle software for nearly 20 years. This Purchase Order represents an approximate $136,000 decrease in real maintenance costs from a year ago due to the migration from PeopleSoft to Tyler-Munis payroll system. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559864-530500, maintenance contracts, to fund this contract. Page 1 City of Clearwater Printed on 10/26/2022 Page 1 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 22-Sep-22 Dear Dan Mayer A support service renewal is expired or about to expire. The technical support services for support service number P-95-301-00-000--22 will expire,or have expired on 30-Sep-22. Renewing these services is easy.Just click the Quick Checkout button below and complete your renewal online.Once your renewal is completed,the new Support Period for these services will begin on the start date listed for this renewal in your My Support Renewals account and will be provided through the end date as shown for this renewal in your My Support Renewals account.A renewal order containing all of the information about your renewal is also attached for your reference.So that there is no interruption in these services,please complete your renewal on or before 29-Sep-22.You can see and manage all of your support service renewals anytime on My Support Renewals by clicking the Manage Your Renewals button below. Quick Checkout Manage Your Renewals To log into My Support Renewals,you will need your username and password: Your Oracle.com username is:DANIEL.MAYER@MYCLEARWATER.COM New Customer?Forgot your password?Reset. If you are unable to complete your renewal on My Support Renewals,you can complete your renewal by following the instructions in the attached renewal order.So that there is no interruption in these services, please complete your renewal on or before 29-Sep-22.If applicable,the attached renewal order may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. Have a question about your renewal?Call 301-641-0727 or email Oracle at mavis.waters@oracle.com. Have a question regarding Auto Renew or the acceptance process on My Support Renewals?Call 301-641-0727,Chat on My Support Renewals,or Request Assistance. Page 2 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 TECHNICAL SUPPORT SERVICES RENEWAL ORDER GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service Number:P-95-301-00-000--22 Oracle Contact Information: Mavis Waters Telephone: 301-641-0727 Fax: Email: mavis.waters@oracle.com Offer Expires:30-Sep-22 CUSTOMER: CITY OF CLEARWATER CUSTOMER QUOTE TO CUSTOMER BILL TO Account Contact:Dan Mayer Account Contact:Kristina Cook Account Name:CITY OF CLEARWATER Account Name:CITY OF CLEARWATER Address:PO Box 4748 Address:Information Technology Information Technology Department CLEARWATER FL 33758 United States 100 S. Myrtle Ave 3rd Floor CLEARWATER FL 33756 United States Telephone:727 562-4662 Telephone:727-562-4656 Fax: Fax: E-mail:Daniel.Mayer@MyClearw ater.com E-mail:kristina.cook@myclearwater. com "You"and "Your"as used in this renewal order,refer to the Customer listed above. Please take a minute to make sure the email information entered above is correct.Your email address is particularly important because Oracle may email You certain notices about technical support services.If You need to make any changes to the Customer information above,You can either login to your My Support Renewals account and select "Update Quote to Information"to edit Your "Quote To"information and You can edit Your "Bill To"information at check out.Alternatively,this information can be updated by providing Your current information along with Your support service number P-95-301-00-000--22,to Oracle per the General Information section above. Page 3 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 SERVICE DETAILS Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price SPL Synergen Series Base Product: All Subsystems - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-22 30-Sep-23 33,278.91 SPL Synergen Series Base Product: All Subsystems - Server Perpetual 15397410 1 FULL USE 1-Oct-22 30-Sep-23 26,623.13 SPL Synergen Series ESRI GIS Integration Extension - Server Perpetual 15397410 1 FULL USE 1-Oct-22 30-Sep-23 8,319.74 SPL Synergen Series Web Deployment - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-22 30-Sep-23 33,278.91 Program Technical Support Fees:USD 101,500.69 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Merant Net Express V3 Win/Nt 14501859 1 USER 1-Oct-22 30-Sep-23 3,143.68 Oracle Utilities Mobile Device Management Base - Customer Perpetual 16130816 1 FULL USE 1-Oct-22 30-Sep-23 9,780.51 Micro Focus Visual COBOL for Windows for 2 Named Users (Mfr is Microfocus; Third Party Program) 17885976 1 FULL USE 1-Oct-22 30-Sep-23 9,266.06 Program Technical Support Fees:USD 22,190.25 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 45 FULL USE 1-Oct-22 30-Sep-23 12,701.83 Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 225 FULL USE 1-Oct-22 30-Sep-23 11,051.30 Page 4 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Enterprise Edition - Processor Perpetual 18925318 2 FULL USE 1-Oct-22 30-Sep-23 10,223.04 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 75 FULL USE 1-Oct-22 30-Sep-23 2,353.11 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 115 FULL USE 1-Oct-22 30-Sep-23 7,244.05 Program Technical Support Fees:USD 43,573.33 Total Price:USD 167,264.27 Plus applicable tax NOTES ·If Oracle accepts Your renewal order,the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this renewal order will be provided through the end date specified in the table for the applicable programs and/or hardware ("Support Period"). ·If any of the fields listed in the Service Details table above are blank,then such fields do not apply to Your renewal. Page 5 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same,CITY OF CLEARWATER represents that Customer has authorized CITY OF CLEARWATER to execute this renewal order on the Customer's behalf and to bind the Customer to the terms contained in this renewal order.CITY OF CLEARWATER agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer.CITY OF CLEARWATER agrees to advise Customer of the terms of this renewal order as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same,Customer agrees that:a)Customer has the ultimate responsibility for payments under this renewal order;and b)any failure of CITY OF CLEARWATER to make timely payment per the terms of this renewal order shall be deemed a breach by Customer and,in addition to any other remedies available to Oracle,Oracle may terminate Customer's technical support service under this renewal order. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided.The technical support policies are subject to change at Oracle's discretion;however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid,or for U.S.federal and public sector entities,the period for which services have been ordered.You should review the technical support policies prior to entering into this renewal order. The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. Regarding the inclusion of DFARS 252.204-7012,the parties agree that DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016),does not apply to the Commercial Off the Shelf (COTS)licenses or hardware,and does not apply to the associated technical support because Oracle will not process,collect,develop,receive,transmit,use,or store " covered defense information"on "covered contractor information systems"as defined in DFARS 252.204-7012,Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016),in performance of the associated technical support services ordered under this renewal quote,and the Government agrees that it will not provide "covered defense information"to Oracle in performance of the associated technical support services. The technical support services renewed under this renewal order are governed by the terms and conditions of the SLSA-225665-01-OCT-1995 ("agreement").Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as a part of technical support services,is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This renewal order incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this renewal order and the agreement, this renewal order shall take precedence. Page 6 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 RENEWAL PROCESSING DETAILS Please renew the technical support services on this renewal order on My Support Renewals. If You are unable to renew using My Support Renewals,You can renew using the options below.Your renewal order is subject to Oracle's acceptance.Your renewal is considered complete when You provide Oracle with payment details for the renewal as detailed below or an executed Oracle Financing contract. Once completed,Your renewal cannot be cancelled and Your payment is nonrefundable,except as provided in the agreement.Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle.If You are U.S.federal government or public sector entity,Oracle will issue You an invoice quarterly in arrears after the services are performed. Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If CITY OF CLEARWATER is a tax exempt organization and is not an U.S. federal government entity, a copy of CITY OF CLEARWATER's tax exemption certificate must be submitted with CITY OF CLEARWATER's purchase order, credit card, or other acceptable form of payment. Please note that unless You are a U.S. federal government or public sector entity, if the pre-tax value of this renewal is USD $2,000 or less, the technical support services ordered must be paid by credit card; or You must renew Your support on My Support Renewals. Technical Support fees are invoiced Quarterly in Arrears.All fees payable to Oracle are due within 30 NET from date of invoice. You agree to pay any sales,value-added or other similar taxes imposed by applicable law,except for taxes based on Oracle's income. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order,the purchase order must be in a non-editable format (e.g.,PDF)and include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 167,264.27 (excluding applicable tax) -Local Tax,if applicable In issuing a purchase order,CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non-Oracle document,and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order,please contact Oracle per the General Information section above.Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check Page 7 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 If You are submitting a check for the payment of the renewal of the technical support services on this renewal order,the check must include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 167,264.27 (excluding applicable tax) -Local Tax,if applicable In issuing a check,CITY OF CLEARWATER agrees that only the terms of this renewal order and the agreement shall apply to the technical support services renewed under this renewal order.No terms attached or submitted with the check will apply. Checks for technical support services renewed under this renewal order should be sent to: Checks for technical support services renewed under this renewal order should be sent to: AK,AZ,CA,HI,ID,NV,OR,UT,WA: Oracle America,Inc PO Box 884471 Los Angeles,CA 90088-4471 All Other States: Oracle America,Inc PO Box 203448 Dallas,TX 75320-3448 Payment Confirmation If You cannot pay using any of the payment methods described above,please complete this payment confirmation and submit it to Oracle.Please initial the following statement that best applies to You. ____CITY OF CLEARWATER does not issue purchase orders. ____CITY OF CLEARWATER does not require a purchase order for the services ordered hereto. CITY OF CLEARWATER certifies that the information provided above is accurate and complies with CITY OF CLEARWATER's business practices in entering into this renewal order,including obtaining all necessary approvals to release the funds for this renewal.In issuing this payment confirmation,CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement shall apply to the technical support services ordered under this renewal order.No terms attached or submitted with the payment confirmation will apply. The signature below affirms CITY OF CLEARWATER's commitment to pay for the services ordered in accordance with the terms of this renewal order. CITY OF CLEARWATER __________________________________ Authorized Signature __________________________________ Name __________________________________ Title Page 8 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 __________________________________ Signature Date Please contact Oracle per the General Information section above to issue Your Payment Confirmation. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1095 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize purchase orders to Core and Main LP of St. Louis, MO, Fortiline, Inc. of Dallas, TX and Ferguson Enterprises, LLC dba Ferguson Waterworks of Tampa, FL for the supply of service brass and brass valves in the cumulative annual not-to-exceed amount of $200,000.00 with the option of two, one-year renewals pursuant to Invitation to Bid (ITB) 45-22, Service Brass and Brass Valves, and authorize the appropriate officials to execute same. (consent) SUMMARY: Service brass and brass valves are the components required to make connections between water lines, meters, and points of use. Clearwater Public Utilities maintains a stock of these important components for routine and emergency repair and replacement. ITB #45-22 was issued on July 26, 2022, for the supply of service brass and brass valves. Three bids were received on August 24, 2022, with three vendors representing the most responsive and responsible low bidders, meeting the specifications for ITB #45-22. For placing orders, the primary award is as follows: ·Groups A-G to Core & Main LP ·Groups H-K, M-O, and Q-R to Fortiline, Inc. ·Groups L and P to Ferguson Enterprises To ensure continuity of supply, flexibility to order items from any of the three vendors is included in this recommendation. The initial contract term will be November 4, 2022 through November 3, 2023, with the option of two one-year renewals terms. Renewal terms allow for cost increases based on the Producer Price Index #102502 Copper and Brass Mill Shapes. Renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY23 are available in Public Utilities’ cost centers 550400 Operating Supplies & Materials. Funding for future fiscal years will be requested within contract calendar and spending limits Page 1 City of Clearwater Printed on 10/26/2022 CITY OF CLEARWATER ITB # 45-22 Service Brass and Brass Parts DUE DATE: August 24, 2022; 10:00 AM REVISED BID TABULATION SUMMARY ITEM DESCRIPTION Core & Main LP Ferguson US Holdings Inc/ Fergson Enterpirces LLC dba Ferguson Waterworks Fortline, Inc. 1 Group A; Corporation Stops 24,523.53$ 25,462.61$ 26,238.59$ 2 Group B: Curb Stops 67,152.50$ 69,795.50$ 71,116.00$ 3 Group C: Valves 54,892.55$ 57,068.34$ 58,142.45$ 4 Group D: Recliamed Water 27,690.56$ 28,861.96$ 29,346.60$ 5 Group E: Adapters 9,022.24$ 9,409.20$ 13,533.84$ 6 Group F: Adapters, Poly Compression 21,985.66$ 22,889.50$ 23,280.24$ 7 Group G: Unions, Poly 6,027.32$ 6,282.88$ 6,383.64$ 8 Group H: Hydrant Swivels 1,205.70$ 1,567.20$ 750.00$ 9 Group I: Meter Adapters and Ressetters 24,754.46$ 25,811.76$ 21,324.42$ 10 Group J: Meter Adapters and Resetters Cont. 24,152.15$ 25,174.30$ 20,878.80$ 11 Group K: Meter Couplings 10,712.00$ 11,145.50$ 9,335.00$ 12 Group L: Bushings 3,053.62$ 3,030.50$ 3,257.12$ 13 Group M: Caps 1,701.93$ 1,720.95$ 1,403.79$ 14 Group N: Couplings 6,381.48$ 6,425.35$ 5,470.90$ 15 Group O: Ells 17,299.44$ 17,888.00$ 14,673.84$ 16 Group P: Plugs 2,251.64$ 2,203.70$ 2,445.32$ 17 Group Q: Tees 4,671.64$ 4,680.40$ 3,981.92$ 18 Group R: Nipples 33,705.78$ 34,802.00$ 29,298.00$ Total Bid Items 1 – 18:341,184.20$ 354,219.65$ 340,860.47$ NOTE: Items with a star ( ) indicates intent to award. October 10, 2022 REVISED NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No 45- 22, Service Brass and Brass Valves, Core & Main LP of St. Louis, MO, for groups A-G, Ferguson Enterprises, LLC dba Ferguson Waterworks of Tampa, FL, for groups L and P, and Fortiline Inc, of Dallas, TX, for groups H-K, M-O and Q-R, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated amount of $323,645.23 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the October 31, 2022, Work Session (9:00 a.m.) and voted on at the November 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 Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows, MPA Procurement Analyst 1) Core & Main LP 2) Ferguson Enterprises, LLC 1830 Craig Park Court dba Ferguson Waterworks St. Louis, MO 63146 8008 E. Sligh Avenue 813-623-3343 Tampa, FL 33610 813-627-1240 3) Fortline Inc. 15850 Dallas Parkway Dallas, TX 75248 1-877-709-2227 ADVERTISED: TAMPA BAY TIMES 8/3/2022 POSTED:myclearwater.com 7/26/2022 Due/Opening: August 24, 2022; 10:00 a.m. INVITATION TO BID No. 45-22 Service Brass and Brass Valves 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#22-1088 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Authorize purchase orders to Building Maintenance Services Inc, CleanSpace Inc, High Sources Inc, J and J Holdings and Services LLC, and Xtremely Clean Janitorial Services LLC, for citywide custodial services in the cumulative not-to-exceed amount of $687,500 for the 11-month term, from November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of $750,000; with the option for three one-1 year term extensions pursuant to Invitation to Bid 36-22, Citywide Custodial Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #36-22 was issued on July 18, 2022, for Citywide Custodial Services required by various facilities within the City of Clearwater. The requested services range from daily cleaning in administrative buildings to maintaining certain outdoor restrooms and any as-needed services for city events and other recreational/athletic facilities. The City received 17 responsive bids which were evaluated by General Services, Parks & Recreation and Procurement staff. This award recommendation is formulated on the primary considerations of responsiveness, responsibility, and price. Evaluating the responsibility element of each bid submittal included secondary assessments of pricing reasonableness for specific work by location and the company’s capacity to manage and perform the work at multiple facilities. Pricing evaluation involved historical comparisons (by location), averaging of bids, and comparison of estimated staffing and hours. The award recommendation are as follows: Company: Building Maintenance Services Inc Locations: Public Utilities (PU) Complex (Bldg. A, B, C’s, G, E, and mobile trailer) Company: CleanSpace Inc Locations: Fire #48, General Services Building(s), Solid Waste Complex, and Solid Waste Transfer Station Company: High Sources Inc Locations: Clearwater Gas Complex Admin Building, Welding Shop and LP Building, Employee Health Center, Fire #45, Garden Ave Garage, Municipal Services Building (MSB) and MSB Garage trash Company: J&J Holdings & Services LLC Locations: Armory, Jack Russell Admin Offices, Parks & Recreation Nursery, PBI East, PBI Page 1 City of Clearwater Printed on 10/26/2022 File Number: ID#22-1088 West, Seminole Boat Launch Restrooms, Outdoor Rec Facilities Restrooms, and all other Parks & Recreation as-needed services Company: Xtremely Clean Janitorial Services LLC Locations: Clearwater Main Library, Countryside Library, North Greenwood Library, PU RO#1, PU RO#2, PU WRF East Plant, PU WRF NE Plant, PU WRF Marshall building(s) In accordance with the ITB, modifications in required services may be made at the City’s discretion, including the addition or removal of services by company, location, and /or frequency. New locations will be priced by the respective company associated with building type or services required, as well as consideration for the bid evaluation criteria noted herein . Supplemental and/or as-needed services will be priced out per the hourly rate provided by the respective vendors. Council authorization is requested for a cumulative annual not -to exceed award of $750,000.00 to cover the cities current needs as well as additional service locations as they are added, supplemental work that may be requested, annual CPI contract increases, and other contractual management requirements. Staff would like the flexibility, in the event a selected vendor is under performing, to use one of the other awarded vendors for that servicing area. APPROPRIATION CODE AND AMOUNT: Funds are available in departmental budgets for FY23 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 10/26/2022 October 7, 2022 NOTICE OF INTENT TO AWARD The General Services and Parks and Recreation Departments, along with the Procurement Division recommend award of ITB No. 36-22, Citywide Custodial Services, to the following vendors in accordance with the bid specifications for cumulative annual not-to-exceed amount of $750,000 for the estimated term November 1, 2022, through September 30, 2023, with three (3) one (1) year renewal options: Company: Building Maintenance Services Inc Locations: Public Utilities (PU) Complex (Bldg. A, B, C’s, G, E, and mobile trailer) Company: CleanSpace Inc Locations: Fire #48, General Services Building(s), Solid Waste Complex, and Solid Waste Transfer Station Company: High Sources Inc Locations: Clearwater Gas Complex Admin Building, Welding Shop and LP Building, Employee Health Center, Fire #45, Garden Ave Garage, Municipal Services Building (MSB) and MSB Garage trash Company: J&J Holdings & Services LLC Locations: Armory, Jack Russell Admin Offices, Parks & Recreation Nursery, PBI East, PBI West, Seminole Boat Launch Restrooms, Outdoor Rec Facilities Restrooms, and all other Parks & Recreation as-needed services Company: Xtremely Clean Janitorial Services LLC Locations: Clearwater Main Library, Countryside Library, North Greenwood Library, PU RO#1, PU RO#2, PU WRF East Plant, PU WRF NE Plant, PU WRF Marshall building(s) This award recommendation is anticipated for approval by City Council at the October 17, 2022, Work Session (9:00 a.m.) and voted on at the October 20, 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 the City’s Procurement Analyst at Kelly.Rogers@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst CITY OF CLEARWATER 36-22, Citywide Custodial Services DUE DATE: August 30, 2022 10:00 AM BID TABULATION SUMMARY 3H & 3H ALJ Services Alpha Building Maint Svcs American Facility Svcs Building Maintenance Services Inc Chi-Ada Corporation Clean Space D&A Building Svcs Elite Exterior Restoration Emerald Facility Management High Sources Inc J & J Holdings & Services Mega Service Solutions Safi Cleaning Solutions United Services Inc United States Service Industries Xtremely Clean Janitorial Services LLC Armory 375.00$ 307.50$ 510.00$ 376.50$ 340.00$ 490.00$ 406.45$ 401.05$ 605.75$ 364.20$ 200.00$ 291.60$ 525.00$ 622.35$ 547.30$ 416.15$ 700.00$ Jack Russell Stadium Admin Offices 375.00$ 123.93$ 184.23$ 499.83$ 75.00$ 339.00$ 407.08$ 376.26$ 690.00$ 1,059.81$ 255.00$ 240.00$ 615.00$ 280.32$ 478.32$ 329.70$ 297.00$ Parks & Recreation Nursery 120.00$ 218.01$ 123.00$ 76.08$ 150.00$ 195.00$ 95.49$ 170.13$ 225.00$ 261.00$ 270.00$ 162.00$ 150.00$ 203.34$ 112.20$ 121.44$ 240.00$ PBI East 300.00$ 231.81$ 276.33$ 353.22$ 210.00$ 195.00$ 287.68$ 258.42$ 444.00$ 309.00$ 150.00$ 195.00$ 405.00$ 252.99$ 338.04$ 289.29$ 210.00$ PBI West 225.00$ 184.02$ 184.23$ 247.44$ 150.00$ 225.00$ 201.50$ 182.10$ 444.00$ 265.59$ 120.00$ 207.00$ 405.00$ 317.16$ 236.76$ 252.24$ 240.00$ Belmont Park Renovations 183.00$ 67.08$ 75.00$ 162.00$ 135.00$ 225.00$ 69.00$ 143.25$ 195.00$ 307.14$ 120.00$ 21.00$ 150.00$ 420.45$ 9.96$ 122.58$ 225.00$ Cherry Harris Park Restrooms 183.00$ 80.85$ 75.00$ 162.00$ 135.00$ 255.00$ 69.00$ 145.41$ 195.00$ 219.39$ 105.00$ 21.00$ 150.00$ 405.36$ 12.09$ 122.55$ 225.00$ Countryside Sports Complex Restrooms 234.00$ 141.12$ 105.00$ 250.50$ 135.00$ 255.00$ 84.00$ 154.53$ 195.00$ 464.19$ 105.00$ 21.00$ 150.00$ 645.36$ 21.12$ 245.07$ 270.00$ Crest Lake Park Restrooms 390.00$ 138.55$ 175.00$ 270.00$ 225.00$ 425.00$ 120.00$ 533.40$ 325.00$ 334.60$ 175.00$ 35.00$ 250.00$ 925.60$ 34.55$ 204.25$ 400.00$ Ed Wirght Park Restrooms 183.00$ 87.21$ 75.00$ 162.00$ 135.00$ 255.00$ 84.00$ 141.93$ 195.00$ 288.66$ 105.00$ 21.00$ 150.00$ 555.99$ 8.79$ 122.55$ 225.00$ Frank Tack Park Restrooms 183.00$ 87.21$ 75.00$ 162.00$ 135.00$ 255.00$ 84.00$ 141.93$ 195.00$ 330.00$ 120.00$ 21.00$ 150.00$ 405.36$ 7.47$ 122.55$ 150.00$ Glen Oaks Park Restrooms 234.00$ 127.02$ 105.00$ 162.00$ 135.00$ 255.00$ 90.00$ 575.34$ 195.00$ 288.66$ 120.00$ 108.00$ 150.00$ 405.36$ 32.58$ 183.84$ 408.00$ Marymont Park Restrooms 183.00$ 97.92$ 75.00$ 162.00$ 135.00$ 255.00$ 84.00$ 180.36$ 195.00$ 288.66$ 120.00$ 21.00$ 150.00$ 420.45$ 10.38$ 122.55$ 225.00$ Philip Jones Field Restrooms 183.00$ 115.47$ 105.00$ 162.00$ 135.00$ 255.00$ 84.00$ 187.35$ 195.00$ 483.81$ 120.00$ 36.00$ 150.00$ 645.60$ 17.28$ 183.84$ 240.00$ Ross Norton Field Restrooms 183.00$ 97.92$ 75.00$ 186.00$ 135.00$ 255.00$ 60.00$ 199.17$ 195.00$ 288.66$ 90.00$ 18.00$ 150.00$ 405.36$ 10.80$ 122.55$ 180.00$ Sand Key Restroom Bldg 183.00$ 97.92$ 75.00$ 186.00$ 135.00$ 255.00$ 60.00$ 199.17$ 195.00$ 288.66$ 90.00$ 18.00$ 150.00$ 405.36$ 10.98$ 122.55$ 225.00$ Woodgate Park Restrooms 183.00$ 101.91$ 105.00$ 162.00$ 135.00$ 255.00$ 84.00$ 220.56$ 195.00$ 288.66$ 90.00$ 24.00$ 150.00$ 405.36$ 13.86$ 122.55$ 210.00$ 3,900.00$ 2,305.45$ 2,397.79$ 3,741.57$ 2,635.00$ 4,644.00$ 2,370.20$ 4,210.36$ 4,878.75$ 6,130.69$ 2,355.00$ 1,460.60$ 4,000.00$ 7,721.77$ 1,902.48$ 3,206.25$ 4,670.00$ Clearwater Gas Complex Admin Building 1,100.00$ 529.10$ 920.00$ 338.40$ 250.00$ 327.50$ 1,062.37$ 854.70$ 1,055.00$ 751.50$ 225.00$ 1,458.00$ 950.00$ 796.00$ 1,450.85$ 420.20$ 750.00$ Clearwater Gas Complex Welding Shop 125.00$ 261.40$ 205.00$ 338.40$ 250.00$ 327.50$ 117.63$ 48.85$ 375.00$ 139.45$ 250.00$ 324.00$ 300.00$ 73.80$ 168.65$ 161.60$ 250.00$ Clearwater Gas Complex LP Building 125.00$ 125.90$ 102.35$ 338.40$ 250.00$ 940.00$ 14.11$ 48.15$ 375.00$ 54.20$ 225.00$ 72.90$ 300.00$ 92.75$ 21.20$ 160.40$ 250.00$ $1,350.00 $916.40 $1,227.35 $1,015.20 $750.00 $1,595.00 $1,194.11 $951.70 $1,805.00 $945.15 $700.00 $1,854.90 $1,550.00 $962.55 $1,640.70 $742.20 $1,250.00 Clearwater Main Library 2,570.00$ 1,264.35$ 2,450.00$ 3,399.95$ 1,900.00$ 1,835.00$ 2,314.26$ 2,294.75$ 3,449.25$ 788.15$ 675.00$ 1,105.00$ 3,145.00$ 1,203.05$ 2,690.00$ 1,321.70$ 700.00$ Countryside Library 625.00$ 646.75$ 630.00$ 773.05$ 435.00$ 425.00$ 526.11$ 546.10$ 930.00$ 1,000.25$ 650.00$ 546.75$ 885.00$ 1,017.60$ 607.20$ 521.25$ 500.00$ N Greenwood Library 250.00$ 397.00$ 255.85$ 277.20$ 175.00$ 330.00$ 193.74$ 272.35$ 510.00$ 429.30$ 400.00$ 300.00$ 475.00$ 488.35$ 260.85$ 304.60$ 400.00$ $3,445.00 $2,308.10 $3,335.85 $4,450.20 $2,510.00 $2,590.00 $3,034.11 $3,113.20 $4,889.25 $2,217.70 $1,725.00 $1,951.75 $4,505.00 $2,709.00 $3,558.05 $2,147.55 1,600.00$ Incumbent Employee Health Center 200.00$ 100.15$ 102.35$ 91.60$ 100.00$ 275.00$ 76.65$ 114.80$ 425.00$ 591.20$ 750.00$ 485.00$ 375.00$ 502.50$ 87.75$ 393.20$ 600.00$ Fire #45 (1st & 3rd Floors ONLY)625.00$ 677.15$ 815.00$ 1,132.90$ 360.00$ 765.00$ 680.53$ 822.25$ 1,505.00$ 432.10$ 225.00$ 583.20$ 1,375.00$ 670.35$ 1,084.25$ 343.35$ 390.00$ Garden Ave Garage Office 100.00$ 60.00$ 160.00$ 63.24$ 100.00$ 140.00$ 6.77$ 40.92$ 150.00$ 191.68$ 90.00$ 130.00$ 100.00$ 152.52$ 6.60$ 171.34$ 150.00$ MSB Garage (TRASH ONLY)500.00$ 1,744.85$ 185.00$ 158.10$ 500.00$ 360.00$ 1,775.44$ 280.65$ 1,325.00$ 206.20$ 200.00$ 175.00$ 1,300.00$ 175.00$ 397.55$ 210.25$ 175.00$ Municipal Services Building (MSB)2,000.00$ 1,198.55$ 1,900.00$ 2,864.70$ 1,650.00$ 1,750.00$ 1,949.92$ 1,866.30$ 3,375.00$ 2,147.55$ 400.00$ 345.00$ 3,300.00$ 1,980.40$ 2,640.50$ 1,783.35$ 1,500.00$ $3,425.00 $3,780.70 $3,162.35 $4,310.54 $2,710.00 $3,290.00 $4,489.31 $3,124.92 $6,780.00 $3,568.73 $1,665.00 $1,718.20 $6,450.00 $3,480.77 $4,216.65 $2,901.49 $2,815.00 Fire #48 Training Building 310.00$ 259.40$ 405.00$ 409.70$ 300.00$ 327.50$ 286.49$ 323.30$ 605.00$ 83.35$ 250.00$ 583.20$ 550.00$ 151.30$ 423.15$ 169.50$ 405.00$ Fire #48 Logistics Building 250.00$ 189.10$ 51.25$ 409.70$ 50.00$ 327.50$ 181.85$ 167.40$ 605.00$ 102.00$ 500.00$ 583.20$ 550.00$ 376.85$ 281.50$ 113.00$ 375.00$ Fire #48 Training Office 125.00$ 161.65$ 101.35$ 409.70$ 50.00$ 310.00$ 28.18$ 50.95$ 610.00$ 311.60$ 210.00$ 437.50$ 550.00$ 120.35$ 40.20$ 113.95$ 200.00$ General Service Admin Building 125.00$ 154.40$ 205.00$ 166.80$ 100.00$ 295.00$ 102.15$ 105.70$ 425.00$ 296.70$ 500.00$ 145.80$ 300.00$ 575.00$ 137.55$ 396.75$ 400.00$ General Services Fleet 125.00$ 114.85$ 102.35$ 166.80$ 100.00$ 270.00$ 70.45$ 101.95$ 425.00$ 296.70$ 210.00$ 145.80$ 300.00$ 193.70$ 104.45$ 202.35$ 200.00$ General Services Woodshop 125.00$ 134.00$ 102.35$ 166.80$ 100.00$ 270.00$ 93.93$ 104.75$ 425.00$ 296.70$ 450.00$ 145.80$ 300.00$ 86.05$ 126.50$ 104.40$ 200.00$ Solid Waste Complex 375.00$ 346.35$ 255.85$ 310.50$ 185.00$ 365.00$ 211.35$ 317.35$ 610.00$ 196.30$ 200.00$ 270.00$ 525.00$ 961.90$ 284.60$ 403.00$ 450.00$ Solid Waste Transfer Station 150.00$ 219.99$ 261.00$ 3,331.20$ 198.00$ 225.00$ 269.75$ 252.75$ 615.00$ 312.00$ 120.00$ 195.00$ 540.00$ 311.97$ 316.95$ 258.45$ 90.00$ $1,585.00 $1,579.74 $1,484.15 $5,371.20 $1,083.00 $2,390.00 $1,244.15 $1,424.15 $4,320.00 $1,895.35 $2,440.00 $2,506.30 $3,615.00 $2,777.12 $1,714.90 $1,761.40 $2,320.00 PU BLDG A - Assembly/Supervisor 125.00$ 187.50$ 205.00$ 408.05$ 200.00$ 350.00$ 212.72$ 176.20$ 545.00$ 141.35$ 175.00$ 345.00$ 490.00$ 618.60$ 222.05$ 225.80$ 250.00$ PU BLDG B - Stormwater/Survey 125.00$ 148.50$ 153.50$ 408.05$ 200.00$ 350.00$ 101.77$ 93.35$ 545.00$ 113.15$ 175.00$ 270.00$ 490.00$ 171.35$ 111.55$ 161.60$ 200.00$ PU BLDG C - Public Utilties Admin 125.00$ 138.90$ 102.35$ 408.05$ 100.00$ 325.00$ 82.57$ 91.15$ 545.00$ 117.80$ 200.00$ 270.00$ 490.00$ 146.35$ 94.80$ 113.00$ 250.00$ PU BLDG C- Meter Shop 125.00$ 118.75$ 102.35$ 408.05$ 100.00$ 325.00$ 51.99$ 50.20$ 545.00$ 117.80$ 200.00$ 270.00$ 490.00$ 314.05$ 62.40$ 113.00$ 150.00$ PU BLDG G - Wastewater & Reclaimed Water 925.00$ 364.15$ 815.00$ 408.05$ 200.00$ 350.00$ 1,045.78$ 861.50$ 545.00$ 765.80$ 200.00$ 437.50$ 490.00$ 392.05$ 1,309.95$ 177.20$ 150.00$ PU BLDG E - Traffic Engineering 450.00$ 283.50$ 510.00$ 408.05$ 200.00$ 300.00$ 525.58$ 399.05$ 545.00$ 196.05$ 225.00$ 455.00$ 490.00$ 481.45$ 685.80$ 210.25$ 150.00$ PU Mobile Trailer 125.00$ 93.75$ 102.35$ 408.05$ 50.00$ 300.00$ 41.10$ 49.00$ 545.00$ 48.50$ 225.00$ 145.80$ 490.00$ 60.70$ 55.75$ 100.10$ 125.00$ $2,000.00 $1,335.05 $1,990.55 $2,856.35 $1,050.00 $2,300.00 $2,061.51 $1,720.45 $3,815.00 $1,500.45 $1,400.00 $2,193.30 $3,430.00 $2,184.55 $2,542.30 $1,100.95 $1,275.00Incumbent PU RO#1 100.00$ 162.32$ 102.00$ 33.80$ 30.00$ 130.00$ 172.76$ 59.84$ 150.00$ 50.80$ 90.00$ 110.00$ 100.00$ 58.24$ 139.24$ 80.90$ 130.00$ PU RO#2 250.00$ 258.78$ 244.00$ 33.80$ 120.00$ 210.00$ 367.21$ 59.84$ 150.00$ 166.28$ 90.00$ 182.00$ 100.00$ 359.62$ 295.96$ 197.56$ 130.00$ PU WRF East Plant 150.00$ 218.25$ 92.10$ 116.22$ 105.00$ 204.00$ 95.59$ 139.65$ 429.00$ 136.32$ 135.00$ 174.96$ 405.00$ 212.40$ 112.32$ 125.52$ 120.00$ PU WRF NE Plant 225.00$ 234.04$ 214.80$ 265.62$ 210.00$ 225.00$ 222.14$ 216.78$ 429.00$ 277.11$ 135.00$ 174.96$ 405.00$ 150.21$ 261.03$ 195.81$ 120.00$ PU WRF Marshall Control Room 225.00$ 269.82$ 215.25$ 290.22$ 255.00$ 225.00$ 236.36$ 219.15$ 423.00$ 290.04$ 120.00$ 182.25$ 405.00$ 228.78$ 277.74$ 197.01$ 90.00$ PU WRF Marshall Break Bldg 150.00$ 158.76$ 123.00$ 148.47$ 150.00$ 196.50$ 139.07$ 132.84$ 393.00$ 191.22$ 150.00$ 174.96$ 345.00$ 120.51$ 163.41$ 129.57$ 90.00$ PU WRF Marshall Lab 150.00$ 189.75$ 153.51$ 51.75$ 45.00$ 189.00$ 581.69$ 151.38$ 345.00$ 90.06$ 150.00$ 174.96$ 300.00$ 354.03$ 69.33$ 119.76$ 105.00$ $1,250.00 $1,491.72 $1,144.66 $939.88 $915.00 $1,379.50 $1,814.82 $979.48 $2,319.00 $1,201.83 $870.00 $1,174.09 $2,060.00 $1,483.79 $1,319.03 $1,046.13 785.00$ Seminole Boat Launch Restrooms 350.00$ 188.44$ 143.29$ 364.00$ 420.00$ 525.00$ 70.63$ 113.05$ 595.00$ 318.64$ 840.00$ 56.00$ 350.00$ 817.81$ 25.48$ 272.23$ 525.00$ Hourly Rate 27.00$ 25.00$ 20.47$ 24.50$ 25.00$ 25.00$ 20.00$ 25.40$ 28.00$ 40.00$ 20.00$ 19.00$ 22.00$ 25.00$ 25.00$ 21.95$ 25.00$ OT Hourly Rate 40.50$ 37.50$ 30.71$ 24.50$ 37.50$ 36.00$ 35.00$ 38.10$ 35.00$ 55.00$ 30.00$ 28.50$ 24.00$ 35.00$ 37.50$ 25.95$ 35.00$ LOCATIONTOTALS PER WEEK REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Armory Address:706 N Missouri Ave Type of Service:Daily (M-F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:2 / 5 stalls and showers Square Footage:17,308 (majority warehouse) Location:Clearwater Beach Marina Bait House Restrooms Address:45 Causeway Blvd Type of Service:As-needed Number of Restrooms/Stalls:2 /2 stalls and 2 privates w/showers Square Footage:1,500 Location:Clearwater Beach Marina Office & Restrooms Address:25 Causeway Blvd Type of Service:As-needed Number of Restrooms/Stalls:2 / 6 stalls and 2 privates w/showers Square Footage:21,832 Location:Clearwater Beach Rec Center & Pool / Library Address:69 Bay Esplanade Type of Service:As-Needed Number of Restrooms/Stalls:5 / 12 stalls and locker rooms w/showers Square Footage:21,832 Location:Clearwater Gas Complex (3 locations) Address:400 N Myrtle Ave 777 Maple St Type of Service:Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:Administration Building - 45,240 sq feet: 10 / 14 stalls and showers Welding Shop - 5,009 sq feet: 2 singles LP Building - 601 sq feet: 1 single Location:Clearwater Main Library Address:100 N Osceola Ave Type of Service:Daily (M - F), Monthly, As-Needed Number of Restrooms/ Stalls 9 / 28 stalls Square Footage:98,550 Location:Countryside Library Address:2640 Sabal Springs Blvd Type of Service:Daily (M - F), Monthly, As-Needed Number of Restrooms/Stalls:6 / 8 stalls Square Footage:22,404 CITY OF CLEARWATER FACILITIES REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Countryside Rec Center Address:2640 Sabal Springs Blvd Type of Service:As-Needed Number of Restrooms/Stalls:4 / 11 stalls Square Footage:25,140 Location:Employee Health Center Address:401 Corbett St Type of Service:Daily (M - F), Monthly, As-Needed Number of Restrooms/Stalls:4 singles Square Footage:2,775 Location:Fire #45 (1st & 3rd Floors ONLY) Address:1140 Court St Type of Service:Daily (M-F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:13 / 9 stalls and showers Square Footage:32,839 Location:Fire #48 (3 locations) Address:1700 Belcher Rd Type of Service:Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:Training Building - 12,200 sq feet: 2 restrooms, 2 singles and showers Logistics Building - 7,744 sq feet: 2 restrooms Training Office - 1,200 sq feet: 2 restrooms Location:Garden Ave Garage Office Address:28 N Garden Ave Type of Service:Semi-weekly (Sun & Thur), Monthly, As-Needed Number of Restrooms/Stalls:2 singles Square Footage:500 Location:General Service Bldg (3 locations) Address:1900 Grand Ave Type of Service: Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms:/ Stalls Administration Building - 4,350 sq feet: 2 / 4 stalls Fleet - 3,000 sq feet: 3 / 6 stalls and showers Woodshop - 4,000 sq feet: 2 / 2 stalls and showers Location:Henry L McMullen Tennis Complex Address:1000 Edenville Ave Type of Service:As-Needed Number of Restrooms/Stalls:2 / 7 stalls and showers Square Footage:3,800 REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Jack Russell Stadium Administration Offices Address:1160 Seminole St Type of Service:Three times a week (M-W-F), Monthly, As-Needed Number of Restrooms/Stalls:2 singles Square Footage:24,146 Location:Long Center Address:1501 N Belcher Rd Type of Service:As-Needed Number of Restrooms/Stalls:4 / 36 stalls, 2 singles and locker rooms w/showers Square Footage:84,681 Location:Moccasin Lake Complex Address:2750 Park Trail Ln Type of Service:As-Needed Number of Restrooms/Stalls:4 singles Square Footage:2,592 Location:Morningside Recreation Center Address:2400 Harn Blvd Type of Service:As-Needed Number of Restrooms/Stalls:2 / 11 stalls and 1 single Square Footage:21,000 Location:MSB Garage Address:644 Pierce St Type of Service:Daily (M - F) Trash only Square Footage:128,440 Location:Municipal Service Building (MSB) Address:100 S Myrtle Ave Type of Service:Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms / Stalls 6 / 17 Stalls and showers Square Footage:83,035 Location:N Greenwood Library Address:905 N MLK Jr Ave Type of Service:Daily (M - F), Monthly, As-Needed Number of Restrooms/Stalls:3 / 3 stalls Square Footage:8,250 Location:N Greenwood Rec Center Address:900 N MLK Jr Ave Type of Service:As-Needed Number of Restrooms/Stalls:2 / 13 stalls and showers Square Footage:8,250 REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Parks & Recreation Nursery Address:901 N. Saturn Ave Type of Service:Three times weekly (M - W - F), Monthly, As-Needed Number of Restrooms/Stalls:2 singles Square Footage:5,664 Location:PBI East Address:509 Pennsylvania Ave Type of Service:Three times weekly (M - W - F), Monthly, As-Needed Number of Restrooms/Stalls:2 singles Square Footage:17,064 Location:PBI West Address:507 Vine Ave Type of Service:Three times weekly (M - W - F), Monthly, As-Needed Number of Restrooms/Stalls:2 / 4 stalls and 1 single Square Footage:11,952 Location:Public Utitlies (PU) Complex (7 locations) Address:1650 N Arcturus Type of Service:Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:PU BLDG A - Assembly/Supervisor - 6,956 sq feet : 2 / 5 stalls and showers PU BLDG B - Stormwater/Survey - 3,328 sq feet: 2 singles PU BLDG C - Public Utilities Admin - 2,700 sq feet: 2 singles PU BLDG C- Meter Shop - 1,700 sq feet: 2 / 4 stalls and showers PU BLDG E - Traffic Engineering - 17,187 sq feet: 2 / 5 stalls and showers PU Mobile Trailer - 1,344 sq feet: 1 single Location:PU RO#1 Address:1657 Palmetto St Type of Service:Semi-weekly (Mon & Thurs), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:1 single & 1 shower Square Footage:10,543 Location:PU RO#2 Address:21133 US Hwy 19 N Type of Service:Semi-weekly (Mon & Thurs), Weekly, Monthly, As-Needed Number of Restrooms/Stalls: 3 / 2 stalls and showers Square Footage:22,410 PU BLDG G - Wastewater & Reclaimed Water - 34,198 sq feet: 2 / 1 stall and a shower REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:PU WRF East Plant Address:3141 Gulf to Bay Blvd Type of Service:Three times weekly (M-W-F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:2 / 4 stalls and showers Square Footage:5,670 Location:PU WRF NE Plant Address:3290 SR 580 Type of Service:Three times weekly (M-W-F), Weekly, Monthly, As -Needed Number of Restrooms/Stalls:5 / 3 stalls and showers Square Footage:13,176 Location:PU WRF Marshall Control Room Address:1605 Harbor Dr Type of Service:Three times weekly (M-W-F), Monthly, As-Neeed Number of Restrooms/Stalls:3 singles Square Footage:14,020 Location:PU WRF Marshall Break Bldg Address:1605 Harbor Dr Type of Service:Three times weekly (M-W-F), Weekly, Monthly, As-Neeed Number of Restrooms/Stalls:3 / 4 stalls and showers Square Footage:8,249 Location:PU WRF Marshall Lab Address:1605 Harbor Dr Type of Service:Three times weekly (M-W-F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:2 / 4 stalls and showers Square Footage:9,860 Location:Ross Norton Rec & Pool Bldg Address:1426 S MLK Jr Ave Type of Service:As-Needed Number of Restrooms/Stalls:4 / 16 stalls and 4 showers Square Footage:3,264 Location:Seminole Boat Launch Restrooms Address:201 Seminole St Type of Service:Daily (M-F) + Weekends (Saturday & Sunday), As-Needed Number of Restrooms/Stalls:2 / 3 stalls Square Footage:550 Location:Solid Waste Complex Address:1701 N Hercules Ave Type of Service:Daily (M - F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:4 / 15 Stalls and showers Square Footage:9,000 REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Solid Waste Transfer Station Address:1005 Old Coachman Rd Type of Service:Three Times weekly (M - W - F), Weekly, Monthly, As-Needed Number of Restrooms/Stalls:3 singles and showers Square Footage:16,000 REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Belmont Park Restrooms Address:1535 S MLK Ave Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 3 stalls Square Footage:576 Location:Cherry Harris Park Restrooms Address:1141 Beckett St Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 3 stalls Square Footage:700 Location:Countryside Community Park Fields Restrooms Address:2640 Sabal Springs Blvd Type of Service:As-Needed Number of Restrooms/Stalls:2 / 5 stalls Square Footage:1,222 Location:Countryside Sports Complex Restrooms Address:3060 McMullen Booth Rd Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms/Stalls:4 / 6 stalls, 2 singles and showers Square Footage:1,222 Location:Crest Lake Park Restrooms Address:201 S Glenwood Ave Type of Service:Five times a week (M-F), As-Needed Number of Restrooms:2 / 4 stalls Square Footage:1,200 Location:Del Oro Park Restrooms Address:421 N McMullen Booth Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 6 stalls and 1 single Square Footage:Under construction at this time Location:Eddie C Moore 1-4 Restrooms Address:3050 Drew St Type of Service:As-Needed Number of Restrooms/Stalls:4 / 6 stalls Square Footage:5,670 City of Clearwater Outdoor Recreational Facilities REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Eddie C Moore 5-7 Restrooms Address:2780 Drew St Type of Service:As-Needed Number of Restrooms/Stalls:2 / 7 stalls Square Footage:2,500 Location:Eddie C Moore 8 - 9 Restrooms & Pressbox Address:2780 Drew St Type of Service:As-Needed Number of Restrooms/Stalls:3 / 10 stalls Square Footage:1,936 Location:Eddie C Moore 1-4 Chargers Bldg. Restrooms Address:3050 Drew St Type of Service:As-Needed Number of Restrooms/Stalls:2 / 4 stalls Square Footage:1,246 Location:Ed Wirght Park Restrooms Address:1326 S MLK Jr Ave Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 3 stalls Square Footage:500 Location:Frank Tack Park Restrooms Address:1967 N Hercules Ave Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 singles Square Footage:500 Location:Glen Oaks Park Restrooms Address:1345 Court St Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 8 stalls and 1 single Square Footage:2,200 Location:Jack Russell Stadium First Base Restrooms Address:1160 Seminole St Type of Service:As-Needed Number of Restrooms:2 / 10 stalls Square Footage:N/A Location:Jack Russell Stadium Third Base Restrooms Address:800 Phillies Dr Type of Service:As-Needed Number of Restrooms:2 / 8 stalls and 1 single Square Footage:N/A REVISED_EXHIBIT A CUSTODIAL SITE LOCATIONS Location:Joe Dimaggio Restrooms & Pressbox Address:2450 Drew St Type of Service:As-Needed Number of Restrooms/Stalls:2 / 5 stalls Square Footage:6,151 Location:Marymont Park Restrooms Address:1900 Gilbert St Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 3 stalls Square Footage:600 Location:Philip Jones Field Restrooms Address:1240 Russell St Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 6 stalls Square Footage:1,000 Location:Ross Norton Field Restrooms Address:1426 S MLK Ave Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms/Stalls:2 singles Square Footage:625 Location:Sand Key Restroom Bldg Address:100 Gulf Blvd Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms/Stalls:2 / 5 stalls Square Footage:625 Location:Sid Lickton Restrooms & Pressbox Address:714 N Saturn St Type of Service:As-Needed Number of Restrooms/Stalls:2 / 6 stalls Square Footage:10,463 Location:Woodgate Park Restrooms Address:2495 Countryside Blvd. Type of Service:Three times a week (M-W-F), As-Needed Number of Restrooms:2 / 3 stalls Square Footage:800 1) 3H & 3H, Inc 2) ALJ Services 1610 Plunketts Road 120 E Oakland Park Blvd, Ste 108 Buford, GA 30519 Oakland Park, FL 33334 678-926-3169 954-533-0451 Certified SBE/MWDBE 3) Alpha Building Maintenance Services, Inc 4)American Facility Services , Inc 7549 W 99th Place 1325 Union Hill Industrial Ct, Ste A Bridgeview, IL 60455 Alpharetta, GA 30004 815-485-8800 770-740-1613 5) Building Maintenance Services, Inc 6) Chi-Ada Corporation 805 S Orlando Ave, Ste G 4820 West Commercial Blvd Winter Park, FL 32789 Tamarac, FL 33319 407-830-9002 954-777-5177 7) Clean Space, Inc 8)D&A Building Services, Inc 3764 NW 124th Ave 321 Georgia AveCoral Springs, FL 33065 Longwood, FL 32750 954-880-5188 407-831-5388 Certified SBE/MBE 9)Elite Exterior Restoration, LLC 10)Emerald Facility Management, LLC 2280 34th Way N, Ste 4 11701 S Belcher Rd, #124 Largo, FL 33771 Largo, FL 33773 727-245-0123 727-580-3421 11)High Sources, Inc 12)J&J Holdings and Services, LLC1502 Hobbs St, Ste 105 DBA J & J Services Tampa, FL 33619 4107 N Glen Ave 813-585-0313 Tampa, FL 33607 Certified SBE/MBE 813-260-0630 Certified SBE/MWBE 13)Mega Service Solutions, Inc 14)Safi Cleaning Solutions, LLC 8325 W Hillsborough Ave 3500 Posner Blvd, Ste 1114 Tampa, FL 33615 Davenport, FL 33837 813-501-5001 407-507-3752 Certified MBE FOR THE CITY OF CLEARWATER Due/Opening: AUGUST 30, 2022; 10:00 a.m. INVITATION TO BID No. 36-22 CITYWIDE CUSTODIAL SERVICES Solicitation Response Listing - REVISED 9.8.22 15)United Services, Inc 16)United States Service Industries, Inc (USS 600 Industrial Way 4340 East West Hwy, Ste 240 Boynton Beach, FL 33426 Bethesda, MD 20814 561-847-4824 202-824-7440 Certified SBE/MWBE 17)Xtremely Clean Janitorial Services, LLC 5470 E Busch Blvd, Ste 190Temple Terrace, FL 33617 863-660-9199 ADVERTISED: TAMPA BAY TIMES 7/20/2022 POSTED:myclearwater.com 7/18/2022 - 08/30/2022 Due/Opening: AUGUST 30, 2022; 10:00 a.m. INVITATION TO BID No. 36-22 CITYWIDE CUSTODIAL SERVICES Solicitation Response Listing - REVISED FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1114 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to Florida Kenworth, LLC for the purchase of a 2023 Kenworth T380 with Peterson TL3 Grapple Loader in the amount of $284,677.57 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 26, 2022, the boom of a Solid Waste & Recycling vehicle, G3973, a 2014 Kenworth T800 Grapple Truck, VIN# 1NKBH28X1EJ401491, struck a power line while traveling on San Sebastian Way causing the vehicle to catch fire. The vehicle was appraised and determined to be a total loss by Risk, reference claim 22-125. The Solid Waste Department is requesting authorization to purchase a 2023 Kenworth T380 with a Peterson TL3 Grapple Loader in the amount of $284,677.57. Of this amount $280,248.00 is piggy-backing off the Florida Sheriff’s Association, Contract FSA22-VEH20.0, Cab and Chassis Trucks: 30,000 lb GVWR (DRW) 4x2, valid through September 30,2023 (Kenworth T380 base model for $98,432.00 with additional options added totaling $78,165.00 plus a Petersen TL3 Loader base model for $103,651.00). The additional options totaling $4,429.57 is non-competitive - impractical due to delay in receipt of vehicle, possible void of warranty for after-market equipment, manufacturer delay in receiving parts, etc. All optional pricing is vetted through the FSA contract and are priced below Manufacturer Suggested Retail Price (MSRP). Risk will be reimbursing $140,000.00 for the claim to the department. The remaining $144,677.57 is available in CIP L1911 Garage Off-Cycle Replacement. Risk anticipates recovering a salvage value of $1,587.00 for the damaged vehicle. APPROPRIATION CODE AND AMOUNT: 3667366-564100-L1911 Page 1 City of Clearwater Printed on 10/26/2022 2.03 Contract: FSA22- VEL30.0 – Pursuit, Administrative and Other Vehicles Contract: FSA22- FSA Cooperative Purchasing Program Contract Terms and Conditions FSA22-VEH20.0 – Heavy Trucks and Buses FSA22-VEL30.0 – Pursuit, Administrative and Other Vehicles FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 Table of Contents 1.0 GENERAL CONDITIONS .............................................................................................................. 5 1.01 BID CORRESPONDENCE ................................................................................................ 5 1.02 PURPOSE ....................................................................................................................... 5 1.03 TERM OF CONTRACT..................................................................................................... 5 1.04 ESTIMATED QUANTITIES ............................................................................................... 5 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 5 1.06 FUNDING ....................................................................................................................... 6 1.07 CURRENCY..................................................................................................................... 6 1.08 GENERAL DEFINITIONS ................................................................................................. 6 1.09 ELIGIBLE PURCHASERS OF CONTRACT .......................................................................... 8 1.10 LEGAL REQUIREMENTS ................................................................................................. 8 1.11 PATENTS & ROYALTIES ................................................................................................. 8 1.12 FEDERAL AND STATE STANDARDS ................................................................................ 9 1.13 UNDERWRITERS’ LABORATORIES ................................................................................. 9 1.14 AMERICANS WITH DISABILITIES ACT ............................................................................ 9 1.15 REASONABLE ACCOMMODATION ................................................................................ 9 1.16 DISADVANTAGED BUSINESSES ..................................................................................... 9 1.17 ANTI-DISCRIMINATION ............................................................................................... 10 1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10 1.20 TAX EXEMPTION ......................................................................................................... 10 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 10 1.22 COMMUNICATIONS .................................................................................................... 11 1.23 CLARIFICATION AND ADDENDA .................................................................................. 11 1.24 SIGNED BID CONSIDERED AN OFFER .......................................................................... 11 1.25 ASSIGNMENT OF CONTRACT ...................................................................................... 12 1.26 TERMINATION OF PRODUCT LINE .............................................................................. 12 1.27 METHOD OF AWARD .................................................................................................. 12 1.28 DEMONSTRATION OF COMPETENCY .......................................................................... 12 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 1.29 VENDOR ABILITY TO PERFORM .................................................................................. 13 1.30 FINANCIAL RESPONSIBILITY ........................................................................................ 13 1.31 QUALITY AND SAFETY ................................................................................................. 13 1.32 NONCONFORMANCE .................................................................................................. 14 1.33 GRATUITIES ................................................................................................................. 14 1.34 TIE BIDS ....................................................................................................................... 14 1.35 RIGHT TO AUDIT ......................................................................................................... 14 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS ........................................................ 15 1.37 BID AND PERFORMANCE BONDS................................................................................ 15 1.38 ELIMINATION FROM CONSIDERATION ....................................................................... 15 1.39 COLLUSION ................................................................................................................. 15 1.40 DEFAULT ..................................................................................................................... 16 1.41 PROTESTS AND ARBITRATION .................................................................................... 16 1.42 NONPERFORMANCE ................................................................................................... 17 1.43 SEVERABILITY .............................................................................................................. 18 1.44 TERMINATION FOR CAUSE ......................................................................................... 18 1.45 TERMINATION WITHOUT CAUSE ................................................................................ 18 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ................................................. 19 2.0 BIDDER INSTRUCTIONS ........................................................................................................... 20 2.01 QUALIFICATION .......................................................................................................... 20 2.02 LICENSING AND FACILITIES ......................................................................................... 20 2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 21 2.04 SPECIFICATIONS .......................................................................................................... 22 2.05 FIXED PRICES ............................................................................................................... 23 2.06 DISCOUNTS ................................................................................................................. 23 2.07 SEALED BIDS ................................................................................................................ 23 2.08 EXCEPTIONS ................................................................................................................ 23 2.09 MISTAKES .................................................................................................................... 23 2.10 EQUIVALENTS ............................................................................................................. 24 2.11 MANDATORY PRE-BID MEETING ................................................................................ 24 2.12 PRICES QUOTED .......................................................................................................... 24 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2.13 OPTION PRICING ......................................................................................................... 24 2.14 EMERGENCY LIGHTS AND SIRENS ............................................................................... 25 2.15 SUBMITTAL OF BID ..................................................................................................... 26 2.16 ZONE BIDDING ............................................................................................................ 27 2.17 EXECUTION OF BID ..................................................................................................... 27 2.18 MODIFICATION OR WITHDRAWALS OF BIDS ............................................................. 28 2.19 LATE BIDS .................................................................................................................... 28 2.20 BID OPENING .............................................................................................................. 28 2.21 DETERMINATION OF RESPONSIVENESS ..................................................................... 28 2.22 RESPONSIBLE BIDDER CRITERIA.................................................................................. 28 2.23 BASIS FOR AWARD ...................................................................................................... 29 2.24 FIRM BID ..................................................................................................................... 29 2.25 BID TABULATIONS ....................................................................................................... 29 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT ................................................................ 29 2.27 CONE OF SILENCE ....................................................................................................... 30 3.0 CONTRACT CONDITIONS ......................................................................................................... 31 3.01 GENERAL REQUIREMENTS .......................................................................................... 31 3.02 STATEMENT OF AUTHORITY ....................................................................................... 31 3.03 VENDOR CONTACT INFORMATION ............................................................................ 31 3.04 ADDITIONS OR DELETIONS ......................................................................................... 31 3.05 CONTRACT EXTENSION ............................................................................................... 31 3.06 PRICE ADJUSTMENT .................................................................................................... 31 3.07 CONDITIONS ............................................................................................................... 32 3.08 PRODUCTION CUTOFF ................................................................................................ 32 3.09 FACILITIES ................................................................................................................... 33 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES ............................................................. 33 3.11 SPECIAL SERVICE VEHICLES ......................................................................................... 33 3.12 CAB AND CHASSIS PURCHASES ................................................................................... 33 3.13 FACTORY-INSTALLED OPTIONS ................................................................................... 33 3.14 VENDOR-INSTALLED OPTIONS .................................................................................... 34 3.15 NON-SCHEDULED OPTIONS ........................................................................................ 34 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 3.16 FORCE MAJEURE ......................................................................................................... 34 3.17 ORDER ......................................................................................................................... 34 3.18 REGISTRATION, TAG, AND TITLE ................................................................................. 35 3.19 DELIVERY ..................................................................................................................... 35 3.20 INSPECTION AND ACCEPTANCE .................................................................................. 36 3.21 INVOICING AND PAYMENTS ....................................................................................... 36 3.22 WARRANTY ................................................................................................................. 36 3.23 PURCHASE ORDERS..................................................................................................... 36 3.24 QUARTERLY REPORTS ................................................................................................. 37 3.25 ADMINISTRATIVE FEE ................................................................................................. 37 3.26 LIQUIDATED DAMAGES .............................................................................................. 38 Appendix A: Zone Map .............................................................................................................. 39 Appendix B Bid Calendars ......................................................................................................... 40 Appendix C: ACH Payments ...................................................................................................... 41 Appendix D: Federal Clauses ..................................................................................................... 42 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, “FSA”. Please be sure to reference the bid number and title, and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org 1.02 PURPOSE The Florida Sheriffs Association invites interested bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a “no trade-in basis.” 1.03 TERM OF CONTRACT The term for Contracts FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles and FSA22-VEH20.0 Heavy Trucks and Buses shall remain in effect for one year from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of these contracts begins October 1, 2022, and ends September 30, 2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 ESTIMATED QUANTITIES Over the last three years, eligible users purchased an average of 5,937 vehicles from these contracts each year. These estimated figures are given as a guideline for bidders preparing bids. Quantities for items depend on many factors, including the vendor’s marketing efforts, established business with local governments and products awarded. Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: A. Base Specification: Items developed by the FSA for bidders to bid on. These items may be unique to FSA and require additional components to the standard manufacturer specifications and equipment. B. Bidder: A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in accordance with the FSA CPP Terms and Conditions. A bidder, that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. C. Bid System: The online forum used for the submission of bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. D. Build Sheet: A document from the bidder or manufacturer that confirms that the bid specifications submitted by bidders matches the FSA base specification. Build sheets include, but are not limited to, the factory options list and door data plate info for the vehicles. They provide details such as engine size and transmission, paint codes, production date, axle code etc. E. Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. F. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administers the Invitation to Bid and contract administration functions for this contract. G. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 H. Factory: Refers to the manufacturer produced products. I. Fleet Advisory Committee (committee): An employee of a sheriff’s office or other local governmental agency, or person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The committee makes recommendations to the FSA and is not responsible for final awards. J. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to bidders, vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. K. Manufacturer: The original producer or provider of items offered on this contract. L. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a. Manufacturer’s Computer Printouts b. Chrome Systems, Inc.’s PC Carbook Plus and PC Carbook Fleet Edition c. Manufacturer’s Annual U.S. Price Book d. Manufacturer’s official website M. Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base specifications or options. N. Production Cutoff: A date used by manufacturers to notify vendors and dealers that the factory has reached maximum capacity for orders or are discontinuing the production of an item. Vehicle manufacturers use this term when referring to any given model year for production. O. Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative or volume discounts. P. Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria or with vendor approval. Q. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this contract. Purchase orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes items to a purchaser. R. Qualification Packet: This document contains the required forms, attestations, authorizations, and organizational information needed by bidders to submit a successful and complete bid. S. Terms & Conditions: This document serves as the governing contract for the identified FSA contract and bid. Standard regulations, processes, procedures, and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms & Conditions, and that this will serve as a contract for both parties. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 T. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. U. Vendor: The bidder that has been awarded, who agrees to provide the contract items that meet the requirements and base specifications of the contract. The vendor must agree to the contract terms and conditions, which will serve as the governing contract. V. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, other special districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2). All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify and agree to comply with federal regulations allowing for the acceptance of federal grant funds. By opting in bidders may be able to accept federal and state grant funds from purchasers. This is not a requirement of the bid or contract. Bidders are not required to opt-in; however, they are required to indicate whether they will opt-in or opt-out of federal compliance. Appendix D outlines federal clauses found to generally apply with the FSA contracts. FSA has taken actions to provide and develop information, materials, and resources for bidders, vendors and purchasers that will assist in the use of federal grant dollars with this contract. It is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal grant funds for purchase, or intend to request reimbursements using federal dollars. See Appendix D for Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards for requirements that apply to this contract and to awarded vendors. 1.11 PATENTS & ROYALTIES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become a part of the contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165. 1.16 DISADVANTAGED BUSINESSES As part of the solicitation process FSA makes information available to potentially qualified entities publicly available, and conducts additional outreach to qualified: • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises, and • Disadvantaged business enterprises. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 FSA takes necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, as recommended by 2 C.F.R. § 200.321. FSA will: • Evaluate whether small, minority, and women’s businesses are potential sources, • Place those qualified small and minority businesses and women’s business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus Area reports for additional potential sources. Bidders self-identify in the qualification packet whether they meet the state and federal definitions of a disadvantaged business. 1.17 ANTI-DISCRIMINATION The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the specifications shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): • Addenda to Contract Terms and Conditions, if issued • Contract Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 • Addenda to Bid Specifications, if issued • Bid Specifications • Bidder Instructions • General Conditions 1.22 COMMUNICATIONS Communications between a bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the FSA CPP Staff. Bidders should not rely on representations, statements, or explanations other than those made in this bid or in any written addendum to this bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Questions received during the cone of silence date listed on the bid calendar will not be addressed, except as provided herein. Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. FSA will make every attempt to e-mail updates to registered bidders. However, posting to the FSA website or the bid system constitutes proper notice of addenda. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive; however, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all vendors of any addenda and will require acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified responsive bidder. 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA. The bid submission must be signed by an authorized representative. Submission of a bid in the FSA bid system constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used and shall have the same force and effect as a written signature. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor-in-interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. In the event a manufacturer reassigns the product line to an alternate company, the vendor is required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the alternate company is required to submit a Qualifications Packet to the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments of existing or new vendors at its discretion. The vendor is required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. FSA may remove the terminated products from the contract. 1.27 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards for each item, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.28 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available and may require submission of supporting documentation regarding the financial, technical and other qualifications and abilities of a bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 Pre-award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.29 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance and may require submission of supporting documentation to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement, the vendor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the obligations of the contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.30 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements. • Accepts the financial responsibility associated with this bid and declares that they have the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.31 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest-grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 1.32 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.33 GRATUITIES Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of interest to FSA prior to any award, or as soon as practical after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of bidders’ products or services. 1.34 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.35 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third-party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders, confirmation of orders or invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates, quotes, or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the completion of this contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor’s employees, agents, assigns, successors, and third-party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a purchaser in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.37 BID AND PERFORMANCE BONDS Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions. Purchasers may request a performance bond from a vendor. Performance bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.38 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.39 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 collectively choose to agree to increase or decrease the item base price in one or more zones to maximize awards thus denying purchasers a fair price. Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.40 DEFAULT In case of default on the part of vendor, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.41 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement, the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.42 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items or zones, or other actions as determined by FSA at its sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the item is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. 1.43 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.44 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. 1.45 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 calendar days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balance of the contract or cancellation charges. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.46 CONTRACT ADVERTISMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 2.0 BIDDER INSTRUCTIONS 2.01 QUALIFICATION Bidders are required to complete the qualification packet as part of the bid submission. A bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References o Disqualifications & Defaults o Warranty Service Plan Attestation o Emergency Technician Attestation • State compliance attestations o E-Verify o Drug-Free Workplace o Workers Compensation o Motor Vehicles Dealer and Brokers license • Federal compliance attestations o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist 2022 o Certificates of Insurance due by September 26th for awarded vendors The qualification packet is located on the bid system. 2.02 LICENSING AND FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer’s License in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If bidders do not have a facility, the bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a bidder does not maintain a facility within the State of Florida, the bidder must have a plan as to how the bidder would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the bidder plans to contract out for service, a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 The sufficiency of the Warranty Service Plan may be evaluated by the FSA. The FSA reserves the right to request additional information from a bidder regarding the facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The Insurance Checklist summarizes the bidder’s insurance coverage obligations, if awarded. Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five business days prior to the contract award date. The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular contract. The vendor at all times during the full duration of work under this contract, including extra work in connection with this contract, shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non- owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+ or better per the AM Best Rating. FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance, the vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third-party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the vendor. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 All items covered by this contract and the specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid system or FSA base specification. If awarded, bidders must supply an item that either meets or exceeds all the requirements included in the applicable specifications. The bid specifications are contained in the FSA bid system, may be requested from FSA and are retained within FSA’s archive. As part of the bid submission, all bidders will be required to provide information confirmation that the item bid meets the base specification or may have their bid rejected. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. FSA develops the specifications with subject matter experts and publicly available information. However, FSA does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders should immediately notify the FSA of any inaccuracies in the specifications. All notifications of inaccuracies must be in writing. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided herein. 2.06 DISCOUNTS Discounts listed in FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles, and FSA22-VEH20.0 Heavy Vehicles and Buses bids shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any item and options. The vendor has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place (e.g. 10%). 2.07 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA bid system. 2.08 EXCEPTIONS Any requested exceptions, deviations, or contingencies a bidder may have to the terms and conditions must be documented in bidder’s submission. Exceptions to the item specifications at the time of the bid submission shall reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part, the bidders requested exception, deviation or contingency to the specifications or terms and conditions. Bidder acknowledges that if FSA rejects the proposed exceptions, the bid may be disqualified. 2.09 MISTAKES Bidders are expected to examine the item specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 2.10 EQUIVALENTS Prior to the opening of the bid system, bidders may request item equivalents. The bidder must submit the manufacturer name and model number (or product identifier) of each equivalent requested to FSA. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specification. If a bid uses equivalents without prior approval, the bid may be disqualified. 2.11 MANDATORY PRE-BID MEETING Prospective bidders are required to attend or participate in the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to confirm all item specifications. Questions relating to the items, specifications, the bid process, or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the item specifications are finalized. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization, signs a memo to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. These prices must be inclusive of all of the components included in the base specification. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined within these terms & conditions. The administrative fee is three quarters of one percent (.0075). Prices must be Free On Board (FOB) destination. 2.13 OPTION PRICING FSA requests vendors include most frequently purchased scheduled, factory and aftermarket options in the bid system. The bidder shall offer a discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any options included in the bid submission and quotes to purchasers, if awarded. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each option shall be decided by the bidder. The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the base specification will be determined nonresponsive and FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for all factory options. Options available through the factory should be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. Factory package options are allowable under this contract. Factory package options included in the bid submission must detail what components the package includes. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid. Government imposed fees should not be included in this option pricing. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base specification, the bidder should include the word “Credit” at the beginning of the description field, and continue to describe the option being credited. For example, “Credit: one key fob” and enter the price the bidder will credit the purchaser. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet and option upload in the bid system. Section 2.14 contains specific instructions and exceptions for emergency lights and sirens. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: “Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties.” Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA may request certificates for a vendor’s installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the contract. Bid Submission of Emergency Lights and Sirens If offering emergency lights and sirens, bidders will be asked to provide pricing by submitting a pricing sheet. An emergency vehicle lights and siren option pricing template is offered in the bid system. Bidders are encouraged, but not required to use the template. If item or specification group is helpful to display light and siren options, bidders may categorize the pricing sheet by item group. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 Items listed below are required for the submission of the pricing sheet: • Order code • Description to include manufacturer • Price (part only) • Estimated labor hours • Labor cost per hour 2.15 SUBMITTAL OF BID Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the base specification, option descriptions and pricing, and any applicable lighting/siren pricing, as well as required documentation. The bid must be received by the date and time specified on the Bid Calendar seen in Appendix B. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink The bid system is located at https://www.myvendorlink.com. Bidders are encouraged to participate in training provided. Usernames and passwords will be issued to bidders after registering in the bid system. Contact VendorLink at support@evendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be rounded to the next dollar (e.g., $50.50 =$51). Bid Submission To ensure correct bid submittal and formatting, bidders shall: • Input a bid price for each item by zone. • Upload files as instructed in the bid system; files requested will be in Excel or .pdf. • Follow all instructions outlined in this ITB and provide all requested information. The bid shall include the following documents: • Executed Qualifications Packet. • Build sheet for each item bid as a single .pdf • Pricing Sheet for Emergency Vehicle Lights and Sirens, if applicable. • Any requested exceptions or equivalents. Option Upload An option sheet should be submitted for each item bid. The bid system will accept option information for each item through a .pdf file upload. Each option sheet should include a header to identify the FSA contract title and number, the bidder name, item number, make and model. Information required for the bid submission must comply with the terms and conditions. Each option sheet should include: • Manufacturer order code • Description • Price Bidders may also choose to add MSRP and the discount offered to their option pricing sheet. If option pricing is not uploaded correctly, FSA may require bidders to correct the issue, but bidders may not modify the price. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. 2.16 ZONE BIDDING Bidders may bid in one or more geographic zones. The zone map is included in Appendix A. Bidders must submit pricing for each zone they wish to be evaluated. 2.17 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date. All terms and conditions are applicable throughout the term of the contract and not specific to any given year, make or model. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 2.18 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid, the bidder must contact FSA immediately. Bid withdrawals are handled on a case-by-case basis, and can result in a limitation of participation in future bids. 2.19 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. 2.20 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online. FSA will provide a bid inspection period for bidders following the bid opening. The date, time and duration will be announced prior to the bid opening. 2.21 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the contract. As set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.22 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the contract may be rejected as non-responsible. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of set forth by these Terms & Conditions, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as non-responsible. 2.23 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by item, by manufacturer, and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second and third lowest bidders by item, by manufacturer and by zone, and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option pricing in making the award. Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. See Appendix D, II to 2 CFR Part 200. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. 2.24 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening, and if awarded, through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell items in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. 2.25 BID TABULATIONS The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period, all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the t contacts identified in Section 1.01 of this ITB. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA and the awarded vendor. The terms and conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the vendor must notify FSA immediately. 3.04 ADDITIONS OR DELETIONS FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and purchasers, at its discretion. This decision to take action may be based upon and not limited to few or no sales, product recalls and other safety issues, vendor or manufacturer performance, or the product’s lack of relevance. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement for up to two (2) additional years, on a year-to-year basis. FSA reserves the right to execute a contract extension or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of FSA. The vendor may request price adjustments for contract extensions as provided for herein. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without a price adjustment. Any adjustment request received after the execution of an extension may not be considered unless otherwise provided for in this contract. Month-to-Month Continuation In the event a new contract is not active at the time of this contract’s expiration, this contract’s terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. 3.06 PRICE ADJUSTMENT This contract provides the following options for price adjustments: • Annual Price Adjustments • Changes to Manufacturer Production or Design FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 • Manufacturer Certified Adjustments • Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price. Price adjustments will not be considered if vendors are delinquent on administrative fee payments or have outstanding quarterly reports. Annual Price Adjustment The FSA may consider annual price adjustments due to: • Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS); or • As a result of changes to national or state standards that require substantial price adjustments. FSA may consider other documentation related to the change to national or state standards, but is not obligated to grant price changes without literature from the manufacturer. The FSA will consider the request and will make a final determination on the change in price. Changes to Manufacturer Production or Design Significant changes by the manufacturer to the production of and specification design may initiate a price adjustment request. FSA will consider order dates, production factors, model year, or other conditions, as well as the replacement or complete redesign of items. Vendors must provide documentation from the manufacturer. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price adjustments. Equitable Adjustments The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the items, FSA may consider substitutions from the same manufacturer. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 3.09 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report, click or copy the links below. At the time of the bid there were two nationally recognized authorities: State of Michigan, Vehicle Test Team of the Michigan State Police (MSP) Precision Driving Unit Los Angeles County Sheriff’s Department Law Enforcement Vehicle Test and Evaluation Program Vehicles: 3.11 SPECIAL SERVICE VEHICLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on pursuit vehicle testing program/evaluation. These vehicles are labeled as Special Service Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to manufacturers published information for detailed information regarding these vehicles. 3.12 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third- party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. Cab and chassis may be purchased from the vendor without any required additional upfitting by the vendor. Vendors are not responsible for tag and title if an incomplete chassis is requested and sold to the purchaser. 3.13 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. Aftermarket and vendor-installed equipment will not be accepted as factory-installed. Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 3.14 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment, or options shall be installed according to the manufacturer’s specifications. All vendor-installed options must be manufactured by an established manufacturer of the product provided. Vendors are required to disclose make and model of product being offered, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with these terms & conditions. 3.15 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA published award. Vendors may provide non-scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.16 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.17 ORDER To initiate a purchase, a purchase order must be issued to the vendor, which includes: • FSA contract title and number; • FSA item number, and the make and model or item description; and • Purchaser name, phone number and email address. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver an awarded item that will be fully compatible with all of its options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order. Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15) calendar days from receipt of purchase order without request by the purchaser. Any additional information needed to complete this form should be obtained by the vendor from the purchaser. While it is recommended that an agency purchase from the zone which is closest to their location, it is not mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the purchaser’s needs, the purchaser may order from a vendor in another zone. Vendors that provide awarded items outside of an awarded zone may upon mutual agreement between the vendor and the purchaser charge a delivery fee. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 If a vendor receives a purchase order for an item for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. 3.18 REGISTRATION, TAG, AND TITLE Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration, tag and title. 3.19 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA base specification, manufacturer specification, and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery schedules shall be agreed to by the purchaser and the vendor. Vendor shall notify the purchaser no less than twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. The vendor shall be responsible for delivering items that are properly serviced, clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: 1. Copy of the purchase order. 2. Copy of the FSA base specification. 3. Copy of manufacturer’s Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered 4. Copy of the pre-delivery service report 5. Registration warranty certification 6. Owner’s manual 7. Registration, tag and title or an application for the registration, as applicable All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a pursuit-rated vehicle must use an “OUT OF SERVICE” cover on light bars. Deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchaser, however, this requirement shall not apply to incomplete chassis. Items with hour meters must be delivered with fewer than five (5) hours on the hour meter or may be rejected by the purchaser. The purchaser may choose to negotiate a lower purchase price when the item exceeds five (5) hours. When items require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the purchaser. 3.20 INSPECTION AND ACCEPTANCE Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. Should the delivered items differ in any respect from the item specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. 3.21 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. The vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items. The Local Government Prompt Payment Act will apply to ensure timely payment of vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.22 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser’s warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.23 PURCHASE ORDERS The vendor must submit electronic copies of purchase orders within fifteen (15) calendar days of the purchase order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the vendor after this deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the delay. Purchase orders should contain the following required information: • Purchaser name, • Purchase order number, • Purchase order issue date, • FSA contract title and number, • Item number, • Item make and model, or item description, • Item price, • Options by item, and • Estimated delivery date. Purchase orders vary in format and information provided. If a purchase order does not include the required information, the vendor must submit supplemental documentation to FSA at the same time the purchase order is due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If a purchaser does not use purchase orders, written communication from the purchaser to the vendor will be provided supplied to FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 3.24 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each vendor. Quarterly reports must be completed and submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report template shall be submitted using an Excel workbook provided by FSA. Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Contract Year: October 1, 2022 – September 30, 2023 Year 1 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 1 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 1 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 1 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter, the vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter, the vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.25 ADMINISTRATIVE FEE The FSA charges three quarters of one percent (.0075) to procure, process and administer the contract. The administrative fees are the contractual responsibility of each awarded vendor. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a quarterly report. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.26 LIQUIDATED DAMAGES The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications or zones, disqualification from future solicitations, or termination for cause pursuant to the Terms & Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day Failure to report a Purchase Order to FSA within 15 calendar days of the purchase order issue date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 Appendix A: Zone Map FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 Appendix B Bid Calendars FSA22-VEL30.0 Pursuit, Administrative and Other Vehicles FSA22-VEH20.0 Heavy Trucks BID CALENDAR ITEM DATE Bid Announcements 5/17/22 & 5/31/22 Voluntary Workshop for Interested Bidders on Pursuit Rated & Admin 5/4/2022 Voluntary Workshop for Interested Bidders on Heavy Trucks & Buses 5/5/2022 Mandatory Pre-Bid Meeting FSA22-VEL30.0 7/12/2022 Mandatory Pre-Bid Meeting FSA22-VEH20.0 7/13/2022 FSA Bid System Training For Bidders 7/19/2022 Request for Clarifications Due to FSA 7/25/2022 FSA Response to Request for Clarifications 8/1/2022 Cone of Silence 8/4/22-9/16/22 Bid System Open 8/4/2022 Bid Submissions Due 8/25/2022 Public Bid Opening 8/26/2022 Bid Tabulations Posted 8/26/2022 Bid Evaluation 9/13-16/22 Intent To Award Posted 9/16/2022 Effective Date Of New Contract 10/1/2022 * FSA will complete the mandatory pre-bid meeting via ZOOM For the most up to date information, please refer to https://www.flsheriffs.org/law- enforcement- programs/cooperative-purchasing-program/bid-announcements * Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted on FSA’s website, emailed to interested bidders, or can be found in Florida Administrative Register (as appropriate) for the dates published. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 Appendix C: ACH Payments FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 Appendix D: Federal Clauses . APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies No Federal Government Obligations to Third Parties (by Use of a Disclaimer) All All All All All False Statements or Claims Civil and Criminal Fraud All All All All All Access to Third Party Contract Records All All All All All Changes to Federal Requirements All All All All All Termination >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. Civil Rights (Title VI, ADA, EEO except Special DOL EEO clause for construction projects) All All All>$10,000 All All Special DOL EEO clause for construction projects >$10,000 Disadvantaged Business Enterprises (DBEs) All All All All All Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. >$100,000 As of Feb. 2011, FTA has not adopted the FAR 2.101 $150,000 standard. Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference Transport by ocean vessel. Transport by ocean vessel. Transport by ocean vessel. Fly America Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. Foreign air transp. /travel. PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 B.APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000) TYPE OF PROCUREMENT PROVISION Professional Services/A&E Operations/ Management Rolling Stock Purchase Construction Materials & Supplies Davis-Bacon Act >$2,000 (also ferries). Contract Work Hours and Safety Standards Act >$100,000 (transportation services excepted). >$100,000 >$100,000 (also ferries). Copeland Anti-Kickback Act Section 1 Section 2 All >$2,000 (alsoferries). Bonding $100,000 Seismic Safety A&E for new buildings & additions. New buildings & additions. Transit Employee Protective Arrangements Transit operations. Charter Service Operations All School Bus Operations All Drug Use and Testing Transit operations. Alcohol Misuse and Testing Transit operations. Patent Rights R & D Rights in Data and Copyrights R & D Energy Conservation All All All All All Recycled Products EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. EPA-selected items $10,000 or more annually. Conformance with ITS National Architecture ITS projects. ITS projects. ITS projects. ITS projects. ITS projects. ADA Access A&E All All All All Notification of Federal Participation for States Limited to States. Limited to States. Limited to States. Limited to States. Limited to States. Title 2- Grants and Agreements Subtitle A- Office of Management and Budget Guidance for Grants and Agreements Chapter II- Office of Management and Budget Guidance Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Authority:31 U.S.C. 503 Source:78 FR 78608, Dec. 26, 2013, unless otherwise noted. Source:85 FR 49543, Aug. 13, 2020, unless otherwise noted. Source:85 FR 49539, Aug. 13, 2020, unless otherwise noted. Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. This content is from the eCFR and is authoritative but unofficial. (A)Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,12935,3 CFR Part,1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...Appendix II to Part 200, Title 2 2 CFR Appendix-II-to-Part-200(D) (enhanced display)Page 44 Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H)Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(E) 2 CFR Appendix-II-to-Part-200(I) (enhanced display)Page 45 [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014;85 FR 49577, Aug. 13, 2020] (J)See § 200.323. (K)See § 200.216. (L)See § 200.322. Appendix II to Part 200, Title 2 (up to date as of 7/08/2022) Contract Provisions for Non-Federal Entity Contracts Under Fe...2 CFR Appendix-II-to-Part-200(J) 2 CFR Appendix-II-to-Part-200(L) (enhanced display)Page 46 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 *References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication. It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the published rules. ACCESS TO RECORDS AND REPORTS 49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 .F.R. part 633 1.Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records. 2.Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3.Access to Records. The Contractor agrees to provide sufficient access to FSA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. 4.Access to the Sites of Performance. The Contractor agrees to permit FSA and its contractors access to the sites of performance under this contract as reasonably may be required. BUS TESTING 49 U.S.C. § 5318(e) 49 C.F.R. part 665 The operator of the bus testing facility is required to provide the resulting test report to the entity that submits the bus for testing. The manufacturer or dealer of a new bus model or a bus produced with a major change in component or configuration is required to provide a copy of the corresponding full bus testing report and any applicable partial testing report(s) to the recipient during the point in the procurement process specified by the recipient, but in all cases before final acceptance of the first bus by the recipient. The complete bus testing reporting requirements are provided in 49 C.F.R. § 665.11. Although no specific certification and bus testing language in required, recipients can draw on the following language for inclusion in their federally funded procurements. Bus Testing The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 C.F.R. part 661 The Buy America regulation at 49 C.F.R. § 661.13 requires notification of the Buy America FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 requirements in a recipients’ bid or request for proposal for state or federally funded contracts. Recipients can draw on the following language for inclusion in their federally funded procurements. Note that recipients are responsible for including the correct Buy America certification based on what they are acquiring. Recipients should not include both the rolling stock and steel, iron, or manufactured products certificates in the documents unless acquiring both in the same procurement. Buy America The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use the certifications below. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. § 55305 46 C.F.R. part 381 The Cargo Preference Act of 1954 requirements applies to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels. The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract clauses. Cargo Preference - Use of United States-Flag Vessels The contractor agrees: 1.to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; 2.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FSA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and 3.to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 42 U.S.C. §§ 7401 – 7671q 33 U.S.C. §§ 1251-1387 2 C.F.R. part 200, Appendix II (G) The Contractor agrees: 1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3)It will report violations of use of prohibited facilities to FSA; and 4)It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 49 CIVIL RIGHTS LAWS AND REGULATIONS Civil Rights and Equal Opportunity The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1.Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FSA may issue. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal 2.Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 3.Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. 4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FSA may issue. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 C.F.R. part 26 It is the policy of the AGENCY and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in government assisted contracts. It is also the policy of the AGENCY to: 1.Ensure nondiscrimination in the award and administration of DOT-assisted contracts; FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 50 2.Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; 3.Ensure that the DBE program is narrowly tailored in accordance with applicable law; 4.Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s; 5.Help remove barriers to the participation of DBEs in DOT assisted contracts; 6.To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and 7.Assist in the development of firms that can compete successfully in the marketplace outside the DBE program. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the AGENCY deems appropriate. For the purpose of this Contract, the AGENCY will accept DBE’s who are: 1.Certified, at the time of bid opening or proposal evaluation, by the [certifying agency or the Unified Certification Program (UCP)]; or 2.An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status; or 3.Certified by another agency approved by the AGENCY. The DBE Certification Program is a Federal Program designed for business owners deemed "socially and economically disadvantaged." A Disadvantaged Business Enterprise (DBE) is a for-profit, independent small business concern that is: 1.At least 51% owned by one or more individuals who are both socially and economically disadvantaged; and 2.Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. To achieve DBE status a business must meet the following criteria: 1.Must be an existing "for-profit" business that is currently operational; 2.Must meet the federal definition of a small business concern; 3.Must be an independent business which does not depend on its relationships with another firm or firms. If it is a subsidiary of a corporation, the business must still operate in a self-sufficient manner; 4.The qualifying owner(s) must meet the federal definition of "socially and economically disadvantaged" individuals; 5.The qualifying owner(s) must own a minimum of 51% of the company; and have an investment in their company; 6.The qualifying owner(s) cannot have a net worth that exceeds $1.32 million (excluding the owner's business and primary residence); 7.The qualifying owner(s) must have day-to-day control of operations and possess an expertise in their work specialty. The Unified Certification Program (UCP) provides "one-stop shopping" where disadvantaged businesses that meet the DBE certification requirements and become certified are eligible to be used to meet the DBE goal requirements on any project with funding from the U.S. Department of Transportation. The UCP eliminates the need for multiple DBE certifications with recipients of funding from the U.S. Department of Transportation (USDOT). In Florida, DBE UCP Certifying Members shall make certification decisions on behalf of all recipients in the state, with respect to participation in the U.S. Department of Transportation DBE Program. 1.The UCP shall provide "one-stop shopping" to applicants for certification, such that an applicant is required to apply only once for a DBE certification and all recipients in the state will honor that certification. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 51 2.All obligations of recipients with respect to certification and nondiscrimination must be carried out by UCPs, and recipients may use only UCPs that comply with the certification and nondiscrimination requirements of 49 CFR Part 26. 3.A UCP is not required to process an application for certification from a firm having its principal place of business outside the state of Florida if the firm is not certified by the UCP in their "home state", where it maintains its principal place of business. 4.A UCP DBE Directory containing all firms certified by the Florida DBE UCP Program is available to the public electronically, on the internet. The DBE Directory is updated as additions/changes are made. The web address for the DBE Directory is https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 52 EMPLOYEE PROTECTIONS 49 U.S.C. § 5333(a) 40 U.S.C. §§ 3141 – 3148 29 C.F.R. part 5 18 U.S.C. § 874 29 C.F.R. part 3 40 U.S.C. §§3701-3708 29 C.F.R. part 1926 The recipient must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. In addition, recipients can draw on the following language for inclusion in their federally funded procurements. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the agency, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all Tiers. ENERGY CONSERVATION 42 U.S.C. 6321 et seq. 49 C.F.R. part 622, subpart C The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. FLY AMERICA 49 U.S.C. § 40118 41 C.F.R. part 301-10 48 C.F.R. part 47.4 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 53 Fly America Requirements Definitions. As used in this clause-- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 2 C.F.R. part 180 2 C.F.R part 1200 2 C.F.R. § 200.213 2 C.F.R. part 200 Appendix II (I) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: 1.Debarred from participation in any federally assisted Award; 2.Suspended from participation in any federally assisted Award; 3.Proposed for debarment from participation in any federally assisted Award; 4.Declared ineligible to participate in any federally assisted Award; 5.Voluntarily excluded from participation in any federally assisted Award; or 6.Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The debarment and suspension certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 54 requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. LOBBYING RESTRICTIONS 31 U.S.C. § 1352 2 C.F.R. § 200.450 2 C.F.R. part 200 appendix II (J) 49 C.F.R. part 20 The contractor certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The lobbying restrictions certification within the FSA CPP procurement package is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 55 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES 49 U.S.C. 5323(m) 49 C.F.R. part 663 The Contractor agrees to comply with 49 U.S.C. § 5323(m) and implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 49 U.S.C. § 5323(l) (1) 31 U.S.C. §§ 3801-3812 18 U.S.C. § 1001 49 C.F.R. part 31 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B) The AGENCY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AGENCY’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its possession belonging to AGENCY, the Contractor will account for the same, and dispose of it in the manner AGENCY directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new delivery of performance schedule, may allow the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 56 Contractor to continue work, or treat the termination as a Termination for Convenience. Opportunity to Cure (General Provision) The AGENCY, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate Conditions. If Contractor fails to remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude AGENCY from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of AGENCY goods, the Contractor shall, upon direction of the AGENCY, protect and preserve the goods until surrendered to the AGENCY or its agent. The Contractor and AGENCY shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the AGENCY. VIOLATION AND BREACH OF CONTRACT 2 C.F.R. § 200.326 2 C.F.R. part 200, Appendix II (A) Applicability to Contracts All contracts in excess of the Simplified Acquisition Threshold (currently set at $150,000) shall contain administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. The Violations and Breach of Contracts clause flow down to all third party contractors and their contracts at every tier. Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the AGENCY, the Contractor expressly agrees that no default, act or omission of the AGENCY shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract (unless the AGENCY directs Contractor to do so) or to suspend or abandon performance. Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty (60) days written notice that the AGENCY considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action. Should FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 57 either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the AGENCY and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the AGENCY is located. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 To pay via ACH, send to: Wells Fargo Account Name: Dekra Services, Inc. Bank Account: 2000016394494 ACH Routing Number: 061000227 Domestic Wire Routing Number: 121000248 International Swift Code: WFIUS6S PO Box 859658 Minneapolis, MN 55485-9658 To pay by check, mail to: Please include the File and Invoice Number Dekra Services, Inc. Attn: Account Receivables PO Box 859658 Minneapolis, MN 55485-9658 Please include invoice numbers on remittance advice when sending wires, checks and/or ACH payments. Send all inquiries to ar.na@dekra.com Thank you for your business. Email assignments.insurance.na@dekra.com INVOICE Bill To Date : 07/30/2022 City of Clearwater File # : 2398443 P.O. Box 4748 Clearwater FL 33758 Claim # : 22-125 Policy/PO # : Loss Date : Insured/Claimant : city of clearwater Adjuster : Jamie Lascko Type Description Units Unit Price Total Time and Expense HE Total loss 4.00 $85.00 $340.00 Time and Expense Dekra Review and Processing 0.50 $85.00 $42.50 Total $382.50 Invoice # : 2055478 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com APPRAISAL REPORT - FILE # 2398443 COMPANY VEHICLE OWNER Company City of Clearwater Name city of clearwater Adjuster Jamie Lascko Address Claim Number 22-125 City Policy Number State Deductible Zip Insured Name Mobile Phone Date of Loss Home Phone Date Contacted July 27, 2022 Work Number Date Inspected July 28, 2022 Email Loss Type Claim For Assignment Type Total_loss Appraiser Jon Frommeyer VEHICLE INFO VEHICLE LOCATION Year 14 Location Repair Shop Make Kenworth Location Name City of Clearwater Fleet Management Model T800 Jaws Truck Address 1900 Grand Ave VIN 1NKBH28X1EJ401491 City Clearwater License Plate State FL Color Brown Zip 33765 Mileage UNK Phone Driveable No Fax TIRE INFORMATION Tire Make Size Tread Depth Left Front Goodyear Endurance RSA 11R22.5 18/32 Right Front Goodyear Endurance RSA 11R22.5 19/32 Left Rear Right Rear TOWING & SALVAGE TOTAL LOSS Towing Charges $ 0.00 Total Loss Yes Lien Fee $ 0.00 Driveable No Admin Fee $ 0.00 Total Loss Valuation Other Other Charges $ 0.00 Request # Storage Fee (per day)$ 0.00 Valuation Amount / TL %$140000.00 / 100.00% Storage Since NADA Value $0.00 ESTIMATE SALVAGE BIDS Estimate Amount $ 140000.00 Salvage Yard / Contact Phone Amount UPD Amount $ 0.00 LKQ Heavy Truck / Jeremy Smith jasmith@lkqcorp.com1200.00 Betterment Amount $ 0.00 Salvage Bid Now / Bryan Wysner 256-239-6777 5000.00 Deductible $ Brandon Auto Salvage / Ken Anderson 813-689-8255 x 2211587.00 Net Total $ 140,000.00 Agreed Price Yes Claim Leader LLC, All Rights Reserved. www.claimleader.com DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com Agreed By REPAIR SHOP INFO Days to Repair 0 Location Name Estimate Released No Address Supplement #1 0.00 City State Zip Supplement #2 0.00 Phone Supplement #3 0.00 Fax Supplement #4 0.00 Email Supplement #5 0.00 TIN Appraiser Comments Unit is a Total Burn . Exact comparable vehicles of this make and model with crane arm are not avaialbke online. 2 comparable roll-off garbage truckes were located and consideration was taken for crane cost and added to the comparable cost of 2 Kenworth T800 roll-off garbage trucks. 3 live salvage bids included from yards willing to purchase. With the size of vehcilce and lack of market for the parts, most yards were not interested including 2 of the local yards used previously. Claim Leader LLC, All Rights Reserved. www.claimleader.comClaim Leader LLC, All Rights Reserved. www.claimleader.com DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com Total Loss Summary File # 2398443 Year: Make: Model: VIN #: License plate #: Color: Dealer Quotes #Name Contact Phone Amount($) 1 Roll Off Truck World (888) 627-7578 $125,000.00 2 Roll Off Truck World (888) 627-7578 $155,000.00 3 $0.00 Salvage Bids #Name Contact Phone Amount($) 1 LKQ Heavy Truck Tampa Jeremy Smith $1,200.00 2 Salvage Bid Now Bryan Wysner (256) 239-6777 $5,000.00 3 Brandon Auto Salvage Ken Anderson (813) 689-8255 $1,587.00 ACV Summary NADA Value $0.00 Avg Dealer Quotes $140,000.00 Avg Nada & Dealer Quotes $140,000.00 Tax Amount (7%)$9,800.00 Adjustments (+)$0.00 UPD (-)$0.00 Suggested ACV $149,800.00 DEKRA Services Inc Workfile ID: 2029e497 1945 The Exchange SE ST# 300 Atlanta, GA 30339 Phone: (678) 379-4916, FAX:(770) 971-5125 assignments.insurance.na@dekra.com For: CITY OF CLEARWATER Estimate of Record Owner: City of Clearwater Job Number: Written By: Jon Frommeyer, FL #W523171 Adjuster: JAMIE, LASCKO Insured: City of Clearwater Policy #: Claim #: 22-125 Type of Loss: Other Date of Loss: 7/26/2022 1:00 PM Days to Repair:0 Point of Impact: 22 Total Burn Owner: Inspection Location: Repair Facility: City of Clearwater 1900 Grand Ave Clearwater, FL 33765 Other VEHICLE 2014 Kenworth T800 Jaws Truck Roll-off Cummins 6 Cyl 320 HP Brown VIN: 1NKBH28X1EJ401491 Production Date: Interior Color: License: Mileage/Hours: Exterior Color: Brown State: Condition: 7/30/2022 2:19:18 PM 433651 Page 1 Estimate of Record Owner: City of Clearwater Job Number: 2014 Kenworth T800 Jaws Truck Roll-off Cummins 6 Cyl 320 HP Brown Line Oper Description Part Number Qty Extended Price $ Labor Paint 1 #Subl Total Burn 1 99,999.00 X 2 #Incl. Palfinger Epsilon Crane 1 40,001.00 X SUBTOTALS 140,000.00 0.0 0.0 NOTES Prior Damage Notes: none ESTIMATE TOTALS Category Basis Rate Cost $ Parts 0.00 Miscellaneous 140,000.00 Subtotal 140,000.00 Total Cost of Repairs 140,000.00 Deductible 0.00 Total Adjustments 0.00 Net Cost of Repairs 140,000.00 *** THIS ESTIMATE/SUPPLEMENT IS SUBJECT TO AUDIT AND REVISION BY THE INSURANCE COMPANY *** *** THIS IS NOT AN AUTHORIZATION TO REPAIR. ALL REPAIR COSTS ARE THE RESPONSIBILITY OF THE VEHICLE OWNER, WHO ULTIMATELY MUST AUTHORIZE ALL REPAIRS. NO ESTIMATES OR SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR INSPECTION AND AUTHORIZATION.*** *** COPY OF THIS APPRAISAL/SUPPLEMENT ONLY IS NOT AN ACCEPTANCE OF COVERAGE OR LIABILITY. ALL ISSUES OF COVERAGE OR LIABILITY ARE TO BE DETERMINED BY THE INSURANCE COMPANY. *** FRAUD DISCLAIMER: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT. ALTERNATIVE PARTS DISCLAIMER: THIS ESTIMATE MAY HAVE BEEN PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOUR VEHICLE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST EQUAL IN LIKE KIND AND QUALITY IN TERMS OF FIT, QUALITY AND PERFORMANCE TO THE ORIGINAL MANUFACTURER PARTS THEY ARE REPLACING. SUCH PARTS CAN BE IDENTIFIED BY THE LETTER "A" ON THIS ESTIMATE. IF THE USE OF AN AFTERMARKET PART VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTERMARKET PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. THE AFTERMARKET PARTS ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PART AND NOT THE MANUFACTURER OF THE VEHICLE. FLORIDA LAW REQUIRES THE FOLLOWING STATEMENT TO APPEAR ON THIS FORM. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim containing any false, incomplete, or 7/30/2022 2:19:18 PM 433651 Page 2 Estimate of Record Owner: City of Clearwater Job Number: 2014 Kenworth T800 Jaws Truck Roll-off Cummins 6 Cyl 320 HP Brown misleading information is guilty of a felony of the third degree. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE(FLORIDA STATUTES TITLE XLVI, CHAPTER 817.234). FAILURE TO USE THE INSURANCE PROCEEDS IN ACCORDANCE WITH THE SECURITY AGREEMENT,IF ANY, COULD BE A VIOLATION OF S. 812.014, FLORIDA STATUTES. IF YOU HAVE ANY QUESTIONS, CONTACT YOUR LENDING INSTITUTION. IF A CHARGE FOR SHOP SUPPLIES OR HAZARDOUS OR OTHER WASTE REMOVAL IS INCLUDED ON THIS ESTIMATE, PLEASE NOTE THE FOLLOWING: "THIS CHARGE REPRESENTS COSTS AND PROFITS TO THE MOTOR VEHICLE REPAIR FACILITY FOR MISCELLANEOUS SHOP SUPPLIES OR WASTE DISPOSAL." IF A CHARGE FOR NEW TIRES OR A NEW OR REMANUFACTURED LEAD-ACID BATTERY IS INCLUDED ON THIS ESTIMATE, PLEASE NOTE THE FOLLOWING: A $1.00 FEE FOR EACH NEW MOTOR VEHICLE TIRE SOLD AT RETAIL IS IMPOSED ON ANY PERSON ENGAGING IN THE BUSINESS OF MAKING RETAIL SALES OF NEW MOTOR VEHICLE TIRES WITHIN THE STATE OF FLORIDA. FLORIDA STATUTES TITLE XXIX CHAPTER 403.718. A $1.50 FEE FOR EACH NEW OR REMANUFACTURED LEAD-ACID BATTERY SOLD AT RETAIL IS IMPOSED ON ANY PERSON ENGAGING IN THE BUSINESS OF MAKING RETAIL SALES OF NEW OR REMANUFACTURED LEAD-ACID BATTERIES WITHIN THE STATE OF FLORIDA. FLORIDA STATUTES TITLE XXIX 403.7185. CCC ONE Estimating - A product of CCC Intelligent Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 7/30/2022 2:19:18 PM 433651 Page 3 Estimate of Record Owner: City of Clearwater Job Number: 2014 Kenworth T800 Jaws Truck Roll-off Cummins 6 Cyl 320 HP Brown ALTERNATE PARTS USAGE 2014 Kenworth T800 Jaws Truck Roll-off Cummins 6 Cyl 320 HP Brown VIN: 1NKBH28X1EJ401491 Production Date: Interior Color: License: Mileage/Hours: Exterior Color: Brown State: Condition: Alternate Part Type Selection Method # Of Times Notified Of Available Parts # Of Parts Selected Aftermarket Automatically List 0 0 Optional OEM Automatically List 0 0 Reconditioned Automatically List 0 0 Recycled N/A 0 0 7/30/2022 2:19:18 PM 433651 Page 4 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: DSCN4488 File Name / Description: DSCN4489 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: DSCN4494 File Name / Description: DSCN4504 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_112833998_HDR File Name / Description: IMG_20220728_112846162_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_112906585_HDR File Name / Description: IMG_20220728_112920522_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113016642_HDR File Name / Description: IMG_20220728_113030630_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113033759_HDR File Name / Description: IMG_20220728_113037643_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113040478_HDR File Name / Description: IMG_20220728_113044538_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113050528_HDR File Name / Description: IMG_20220728_113142426_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113240878_HDR File Name / Description: IMG_20220728_113245247 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113408191_HDR File Name / Description: IMG_20220728_113428381_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113551458 File Name / Description: IMG_20220728_113603605_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113610110_HDR File Name / Description: IMG_20220728_113620134_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113635888_HDR File Name / Description: IMG_20220728_113651824_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113655772_HDR File Name / Description: IMG_20220728_113703080_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113817785_HDR File Name / Description: IMG_20220728_113904471 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_113907395 File Name / Description: IMG_20220728_113921336_HDR DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_114151778 File Name / Description: IMG_20220728_114155435 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com File Name / Description: IMG_20220728_114438757 Assignment Info File # : 2398443 Claim # : 22-125 Date : 07/30/2022 DEKRA Services Inc 1945 The Exchange SE St# 300 Atlanta, GA 30339 Phone (678) 379-4916 Fax (770) 971-5125 Email assignments.insurance.na@dekra.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1159 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth Member, for an unexpired term through October 31, 2024. SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED: 1.Lucas Geraldi-Smith - 2821 Anderson Drive N, Clearwater, 33761 - Youth Member Resigned October 9, 2022 THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL’S CONSIDERATION: 1.Indira Yengera - 2638 Westview Court, Clearwater, 33761 - Youth Member Zip codes of current members: 1 - 33763 1 - 33710 1 - 33714 1 - 33755 1 - 34683 1 - 33755 Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1197 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Reappoint Caitlein Jammo to the Clearwater Housing Authority Board with term to expire September 30, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater, except for the Public Housing Resident SPECIAL QUALIFICATIONS: 1 member shall be a Program Recipient - Clearwater residency not required. 2 members can be Pinellas County residents who are employed within city limits. Clearwater residency not required. Note - The appointment is made by the Mayor and confirmed by City Council. MEMBERS: 5 CHAIR: Caitlein Jammo MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: CHA is recommending Ms. Caitlein Jammo be reappointed for another term 1. Caitlein Jammo - 1408 25th Avenue S, St. Petersburg, FL 33705 - Lawyer Original Appointment: 9/18/14 (currently completed 2nd term which expired 9/30/22) Interest in Reappointment: Yes Zip codes current members on board: 2 at 33761 2 at 33770 Page 1 City of Clearwater Printed on 10/26/2022 File Number: ID#22-1197 Page 2 City of Clearwater Printed on 10/26/2022 Submit Date: Oct 21, 2022 First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Advisory Boards Application Profile Length of Residency - please select one. * Not a Clearwater Resident Do you own or represent a business in Clearwater? Yes No Which Boards would you like to apply for? Clearwater Housing Authority: Submitted Occupation - If retired, enter former occupation. Attorney Have you served or do you serve on a board in Clearwater? Yes No Why do you wish to serve on this board/committee? If seeking reappointment, state why you should be reappointed. There is an extremely high need for low/no-income housing in this area, and I would like to continue to be involved in trying to improve our community members' access to such housing. Caitlein J Jammo caitleinj@jpfirm.com 1408 25th Ave S St. Petersburg FL 33705 Mobile: (727) 480-6970 Johnson, Pope, Bokor, Ruppel &Burns, LLP Partner Caitlein J Jammo Upload a Resume Date of Birth What personal qualifications can you bring to this board or committee? I have served on this Board for a number of years, and, through that time, I have gained a lot of knowledge regarding the need for and the processes associated with providing low/no-income housing. I would like to continue to build on that knowledge to inform my decisions as a member of the CHA Board. List Community Activities Clearwater Housing Authority, Clearwater Bar Association, Clearwater Bar Foundation, Clearwater Jazz Force, Clearwater Downtown Development Board. Demographics Some boards and commissions require membership to be racially, politically or geographically proportionate to the general public. The following information helps track our recruitment and diversity efforts. (Optional) Ethnicity Caucasian/Non-Hispanic Gender Female The City of Clearwater strives to promote diversity and provide reasonable accommodations for individuals with disabilities. If you are requesting accommodation, please indicate below: By clicking on "I Agree," below, I affirm that the information above is true and correct, and that I understand and agree to the responsibilities and commitment of time associated with an appointment to a Clearwater advisory board or committee. I Agree All material submitted to the City of Clearwater is subject to the public records law of the State of Florida including Chapter 119, Florida Statutes. Resume_.10.21.2022.pdf 01/12/1988 Caitlein J Jammo CAITLEIN JAYNE JAMMO, ESQ. CaitleinJ@jpfirm.com ♦ (727) 480-6970 ♦ 1408 25th Ave S ♦ St. Petersburg, FL 33705 BAR ADMISSIONS • Florida Bar • Northern District of Florida • Middle District of Florida • Southern District of Florida • Eleventh Circuit Court of Appeals EDUCATION The American College of Trust and Estate Counsel Florida Fellows Institute, since 2018 Stetson University College of Law (Gulfport, FL) Juris Doctor, May, 2013 Stetson University (Deland, FL) Masters of Business Administration, May 2013 University of Florida (Gainesville, FL) Bachelor of Science, Mathematics, Theatre Minor May 2010 COMMUNITY INVOLVEMENT Clearwater Downtown Development Board, Board Member (since November 2017) Jazz Force, Board Member (since July 2016) Clearwater Bar Association, Probate Chair/Board Member/Past President of Young Lawyers Division (since Fall 2010) Clearwater Housing Authority, Vice Chair/Board Member (since September 2014) Stetson University College of Law, Advocacy Skills Trainer/Moot Court Coach (since September 2014) EXPERIENCE Partner, Clearwater, FL Johnson Pope, Bokor, Ruppel & Burns, LLP September 2013-December 2020 (Associate) December 2020–Present (Partner) • Conduct trials, attend and argue hearings; draft legal documents; research and prepare memoranda about legal issues; manage client relationships in the context of commercial litigation and probate litigation Law Clerk, Clearwater, FL Johnson Pope, Bokor, Ruppel & Burns, LLP May 2012–September 2013 • Assisted in trial preparation; research and prepare memoranda about legal issues; draft legal documents Pinellas County Civil Court, Saint Petersburg, FL Judicial Intern for the Honorable Judge Demers August 2011–December 2011 • Wrote legal memos about appellate cases; prepared orders Pinellas County Civil Court, Clearwater, FL Judicial Intern for the Honorable Judge John Schaefer June 2011–July 2011 • Prepared legal memoranda; assisted with hearing preparations; prepared deposition tapes; trained other interns PUBLICATIONS • “K.I.S.S. Method for Legal Writing,” NALA, Facts and Findings (Nov. 2020) • “Ideology and Risk Focus: A Preliminary Exploration of the Effect of Judicial Ideology on Risk Focus in Supreme Court Opinion Construction,” Denver Law Review 96 no. 4 (Summer 2019): 793-812 with Gordon Ballingrud • Rawlsian Support for Elder Law, 6 J. Int’l Aging L. & P. 132 (Fall 2013) • Does the Economic Loss Rule Bar an Insured’s Suit against an Insurance Broker Where the Parties are in Contractual Privity with One another and the Damages Sought Are Solely for Economic Losses?, 32(3) Trial Adv. Q. 6 (Summer 2013) • Telemedicine: The Emerging Healthcare and Legal Landscape, Florida Bar, Health Law Section Newsletter (Apr. 2014) • Johnson, Pope, Bokor, Ruppel & Burns - The Disclosure Articles:  You’ve Been Served (Feb. 2014)  Property Tax Exemptions or Classifications – Are You Getting What You Deserve? (Jan. 2014)  Telemedicine: Directly Connecting the Patient with the Physician (Oct. 2013)  Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1199 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Amend City Council Policies 1-3, 1-5, 1-9, 3-11, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 5-2, 5-3, 5-5, 5-6, 5-8, 5-9, 5-11, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2. SUMMARY: Amend the City Council Policies as follows: Policy 1-3 - Campaign Material During Meetings. During City Council and board meetings, board members will not endorse candidates or display material supporting or opposing candidates or issues on any election ballot. Policy 1-5 - Input from Advisory Boards. Councilmembers will agenda discussion items that require advisory board action and provide staff direction if there is council consensus. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. Policy 1-9 - Representative Balance. When making appointments to a board, the City Council will strive to assure ensure the board has a balance of race, gender and geographical area of the City represented. Policy 3-11 - Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the Ccity charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 4 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. Policy 5-12 - Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City Manager may authorize additional closures. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. Policy 5-13 - Stationery. The City shall have letterhead designed by Public Communications on which the Ccity seal will be imprinted to be used for official city business. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. Staff is recommending deleting the following policies as they are currently codified in city code, Florida Statutes, or handled as a department policy: 1-7 Letterhead - Advisory Boards are not currently issued letterhead. Page 1 City of Clearwater Printed on 10/26/2022 File Number: ID#22-1199 1-8 Non-Board Business Functions - State law addresses Sunshine Law violations. 3-7 Information Available to the Public and Press - Information not available online is provided in adherence to public records law. 5-2 Block Party Insurance Requirement - More appropriate as department policy (Risk). 5-3 Bright and Beautiful - This is a function of the budget process and the strategic plan. 5-5 City Sponsored Events - More appropriate as department policy (Finance). 5-6 Copyright Fees - ASCAP sets fees. 5-8 Economic Incentive Policy - More appropriate as a department policy (Economic Development & Housing). 5-9 Fire Lanes - More appropriate as a department policy (Police Department). 5-11 Roadside Memorial Marker Program - Codified in the Community Development Code. 5-14 Welcome Letters - More appropriate as a department policy. Planning & Development mails welcome letters to all annexed properties. 6-1 Annexation Agreements - Codified in the Community Development Code. 6-2 Brick Streets - More appropriate as a department policy. Engineering is tasked with implanting policy. 6-4 Landscaping City Roads - Codified in the Community Development Code. 6-5 New Sidewalks - More appropriate as a department policy (Engineering). 6-6 Parks & Recreation Card to Annexing Property - Individuals should receive a Parks & Recreation card after their petition for annexation has been approved and the property is officially located within city limits, not upon acceptance of the annexation application. 6-7 Petitions for Annexation - Codified in the Community Development Code. 6-8 Subdivision Monuments - Codified in the Community Development Code 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities - More appropriate as a department policy (Parks & Recreation). 8-2 Amplification of Sound at City Venues - Codified in the Community Development Code. Page 2 City of Clearwater Printed on 10/26/2022 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 8-20-2020 i Draft Changes for 10/31/22 work session CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Auditor Selection Committee 12/1/16 11/7/19 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/18 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 8/20/20 ii Draft Changes for 10/31/22 work session CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 8/20/20 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 8/20/20 3-5 Distribution of Council Correspondence 8/20/20 3-6 Fund Raisers 11/20/14 3-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 8/14/18 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5/17/18 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 8/20/20 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 8/20/20 5-13 Stationery 12/1/16 5-14 Welcome Letters iii Draft Changes for 10/31/22 work session CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Brick Streets 11/7/19 8/20/20 6-3 Foreclosure 3/1/18 6-4 Landscaping of City Roads 8/20/20 6-5 New Sidewalks 5/17/17 6-6 Parks & Recreation Card to Annexing Property 6-7 Petitions for Annexation 6-8 Subdivision Monuments 12/1/16 6-9 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 8/20/20 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 8-5 Renaming City Parks 11/7/19 1 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not endorse candidates or display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Councilmembers will agenda discussion items that require advisory board action and provide staff direction if there is council consensus. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure ensure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection Committee for the selection of a Certified Public Accounting firm for the annual financial audit, in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be appointed by the City Council and shall be comprised of one council member, who shall act as chair and at least two members to be chosen by City Council, who are not officers or employees of the City. The Auditor Selection Committee may include the City Auditor and the City Finance Director to serve in non-voting advisory capacity only in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee will be responsible to assist City Council in selecting an external auditor to conduct the annual financial audit and serve other audit oversight purposes in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 3 Draft Changes for 10/31/22 work session Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self- insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 2-9 4 Draft Changes for 10/31/22 work session 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 2-10 5 Draft Changes for 10/31/22 work session B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 2-10 cont’d 6 Draft Changes for 10/31/22 work session 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct 2-10 cont’d 7 Draft Changes for 10/31/22 work session the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 8 Draft Changes for 10/31/22 work session Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). 2-14 9 Draft Changes for 10/31/22 work session Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 cont’d Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. 2-16 10 Draft Changes for 10/31/22 work session Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as 2-16 cont’d 11 Draft Changes for 10/31/22 work session provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 2-16 cont’d 12 Draft Changes for 10/31/22 work session 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d 13 Draft Changes for 10/31/22 work session Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. Celebration. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council consideration and acceptance by June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. G. Requests to support grant applications will be directed to the Council Assistant who will confirm with staff if a city application is being submitted for the grant application. H. Media interview requests that are not addressed to a specific council member, will be assigned in the following order (per availability): Mayor, Vice Mayor, remaining council members based on seniority. I. Council members scheduling individual meetings with the same citizen/group shall coordinate background information through the city manager prior to the scheduled meeting to ensure council members have consistent information. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate. 3-4 15 Draft Changes for 10/31/22 work session Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council daily. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public within a reasonable amount of time. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 Draft Changes for 10/31/22 work session Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the Ccity charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 4 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application, inspection, and other fees via Resolution 14-03 Pinellas Suncoast Transit Authority – waived plan review and permitting fees (council direction on 7/30/18) None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 Draft Changes for 10/31/22 work session Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to MPLC for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. If no other request for signage has been submitted, the current sign may continue for an unspecified time until another application is accepted. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. 5-7 20 Draft Changes for 10/31/22 work session Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool; 5-8 21 Draft Changes for 10/31/22 work session C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 Draft Changes for 10/31/22 work session Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. 5-11 23 Draft Changes for 10/31/22 work session K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City Manager may authorize additional closures. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the Ccity seal will be imprinted to be used for official city business. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Brick Streets. The purpose of this policy is to provide a means by which residents that currently own property on an asphalt street or deteriorated existing brick street can obtain a brick street without unduly burdening the city’s limited street repair funds. The intent of the policy is to define who bears the cost for the brick street surface upgrade. The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt overlay on an existing asphalt road. The Engineering Department has a budget for the maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The life span of a properly installed brick street is estimated to be 40 - 50 years. Property owners residing within an easily delineated neighborhood within the city may request the City to resurface their street(s) with brick. The petitioning process and the cost sharing principles for such action are described herein. For the purpose of this policy, two categories for street bricking have been identified. The assessment to contiguous property owners will be determined based upon the category that fits the proposed street. The two categories are: 1. Existing Brick Street This category includes all existing brick streets. On many of these streets the condition of the road base underlying the brick surface has deteriorated. Historically, the original brick roads were built upon existing sandy soil that has allowed the brick to shift and settle over time, creating an undesirable road surface. To achieve a satisfactory road surface, the existing bricks must be removed and a proper road base installed. Since some loss of bricks occurs during the removal and reclamation process, there will not be a sufficient quantity of bricks remaining to be immediately replaced in the roadbed. Property owners on these streets may request the City to remove the existing bricks and replace them with new clay street bricks by requesting the City to petition all property owners on the street(s). The clay bricks removed will be reclaimed by the city and stored for future use in other areas of the city. In this case, an assessment will not be levied on the property owners because of the pre- existence of clay bricks. 6-2 25 Draft Changes for 10/31/22 work session 2. Existing Asphalt Street Residents may request the City to replace an existing asphalt street with new street bricks by requesting the City to petition all property owners on the street(s). The cost for the bricking project will be calculated and will include the costs of new street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for installation of a two-inch thick asphalt surface. The net cost will be assessed to each property owner based on the linear footage of property frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other applicable laws. The following procedure will be used by property owners and the City in upgrading existing asphalt streets in a residential or commercial area: A. Property owners may request the City to replace the existing street surface with new clay street bricks by requesting the City to petition all property owners on the street(s). The petition results must show positive interest of property owners owning a majority (51%) of the property frontage on the street (or neighborhood) to be bricked. The City petition process will be conducted so that 100% of the property owners on the proposed street(s) have been informed of the petition and the potential impact it may have on their property. A good faith attempt will be made to notify all property owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of receipt will be considered as a no vote. The petition will include the following information and statements: (See sample in Appendix A) 1. Identification of the area to include street names and lots or properties within the area. The proposed street must be at least one block long, i.e. intersection to intersection. 2. A statement indicating that the individual signing a petition recognizes that there may be a cost increase borne by them through a special assessment program, if the petition is approved by the City of Clearwater. A preliminary non-binding cost estimate for each property will be included with the petition form. 3. Signatures of individuals or entities owning property within the designated area. Signatures of persons or entities renting or leasing property will not be considered. B. The Engineering Department will review the request to identify issues that may relate to public safety, health and welfare. The Department will either recommend approval with conditions as necessary or reject the request if it is deemed invalid or not suitable due to public health, safety or welfare reasons. 6-2 cont’d 26 Draft Changes for 10/31/22 work session C. Implementation of the special assessment will comply with Chapter 27 Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of law. The City will coordinate the installation of new street bricks and curbing with the imposition and levy of the special assessments. D. Upon approval of the special assessment by the City Council, the Engineering Department will hold a coordination meeting between the appropriate City staff and the property owners in order to establish installation schedules and procedures. It is the responsibility of City staff to prioritize requests when multiple requests for petitions have been submitted. The Engineering staff first will determine when the street is anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to those requests for roads that have the lowest Pavement Condition Index. Additionally, streets with scheduled underground utility projects which would necessitate complete resurfacing would be prioritized based on the scheduled date of the utility project. All street bricking requests will be subject to the availability of interim funding. In the situation where there are more requests than funds available, the proposed requests will be delayed until sufficient funds are available. The following brick types are acceptable for this policy: New Clay Brick Pavers: 8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick meeting ASTM C 1272, Type F as manufactured by Pine Hill Brick or equal as determined by the Engineering Department. Color will be determined jointly with city staff and the area property owners from an approved city color palette. The developer of a new subdivision may elect to install brick streets. However, installation costs in new subdivisions are required to be paid by the developer at the time of installation and will not be assessed to the individual lots. The developer is required to follow City of Clearwater Engineering Standards for brick road installation. 6-2 cont’d 27 Draft Changes for 10/31/22 work session APPENDIX A SAMPLE BRICK STREET POLICY PETITION The purpose of this form is to provide a means by which residents may request the City of Clearwater to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick street. This form is to be utilized in conjunction with the City of Clearwater’s Brick Street Policy adopted by the City Council. As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick street will be assessed to the property owners with front footage on the proposed street. The net cost, as determined by the City, will be assessed to each property owner based on the Brick Street Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll. There will be no assessment levied in the case of upgrading an existing brick street. Street Name:______________________________________________________ From Cross Street: __________________ To Cross Street:_________________ Total Number of Affected Property Owners (Lots):___________ Contact Name:_______________________________________ Contact Address:_____________________________________ Contact Phone:______________________________________ I understand, by my signature below, that the purpose of this petition is to demonstrate my support of the installation/restoration of brick on the proposed street. I also understand that the cost associated with this upgrade will be borne by myself and other property owners on the proposed street. Furthermore, I also understand that by signing this petition, I am authorizing the City of Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way obligated to accept this assessment at this time. Attached to this petition is an estimate of the proposed cost for each property impacted. This estimate is preliminary only and may be adjusted up or down based upon actual construction bid results NAME: ___________________________________________ ADDRESS: ________________________________________ PHONE: __________________________________________ SIGNATURE: ______________________________________ Please submit this petition to: City Clerk, City of Clearwater Official Records and Legislative Services Department P.O. Box 4748, Clearwater , FL 33756 6-2 cont’d 28 Draft Changes for 10/31/22 work session Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-3 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. Per Clearwater Community Development Code Sec. 3-1202, all such material shall be native, or a non-invasive plant naturalized to Central Florida. Plants recommended in the Guide of Southeast Florida Water Management District, Florida Native Plant Society, FloridaYards.org, University of Florida or other entity as approved by the Community Development Coordinator shall be used. 6-4 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-5 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-6 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-7 Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. 6-8 29 Draft Changes for 10/31/22 work session A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. 6-8 cont’d Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-9 30 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 31 Draft Changes for 10/31/22 work session CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 32 Draft Changes for 10/31/22 work session Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. The city employee or city contractor will measure the sound levels for every group performing at the event. 4. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or city contractor will personally adjust the sound level to bring in compliance. 5. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 Renaming City Parks. The Parks & Recreation Board will not consider any requests to rename existing parks unless requested by motion of the City Council (per Resolution 09-31). The Board will conduct an advertised public hearing for the proposal and formulate a recommendation to the City Council for a final decision. 8-5 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 8-20-2020 i As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Auditor Selection Committee 12/1/16 11/7/19 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/18 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 8/20/20 ii As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 8/20/20 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 8/20/20 3-5 Distribution of Council Correspondence 8/20/20 3-6 Fund Raisers 11/20/14 3-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 8/14/18 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5/17/18 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 8/20/20 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 8/20/20 5-13 Stationery 12/1/16 5-14 Welcome Letters iii As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Brick Streets 11/7/19 8/20/20 6-3 Foreclosure 3/1/18 6-4 Landscaping of City Roads 8/20/20 6-5 New Sidewalks 5/17/17 6-6 Parks & Recreation Card to Annexing Property 6-7 Petitions for Annexation 6-8 Subdivision Monuments 12/1/16 6-9 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 8/20/20 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 8-5 Renaming City Parks 11/7/19 1 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection Committee for the selection of a Certified Public Accounting firm for the annual financial audit, in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be appointed by the City Council and shall be comprised of one council member, who shall act as chair and at least two members to be chosen by City Council, who are not officers or employees of the City. The Auditor Selection Committee may include the City Auditor and the City Finance Director to serve in non-voting advisory capacity only in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee will be responsible to assist City Council in selecting an external auditor to conduct the annual financial audit and serve other audit oversight purposes in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 3 As Approved at 8/20/20 Council Meeting Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self- insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 2-9 4 As Approved at 8/20/20 Council Meeting 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 2-10 5 As Approved at 8/20/20 Council Meeting B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 2-10 cont’d 6 As Approved at 8/20/20 Council Meeting 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct 2-10 cont’d 7 As Approved at 8/20/20 Council Meeting the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 8 As Approved at 8/20/20 Council Meeting Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). 2-14 9 As Approved at 8/20/20 Council Meeting Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 cont’d Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. 2-16 10 As Approved at 8/20/20 Council Meeting Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as 2-16 cont’d 11 As Approved at 8/20/20 Council Meeting provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 2-16 cont’d 12 As Approved at 8/20/20 Council Meeting 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d 13 As Approved at 8/20/20 Council Meeting Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. Celebration. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council consideration and acceptance by June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. G. Requests to support grant applications will be directed to the Council Assistant who will confirm with staff if a city application is being submitted for the grant application. H. Media interview requests that are not addressed to a specific council member, will be assigned in the following order (per availability): Mayor, Vice Mayor, remaining council members based on seniority. I. Council members scheduling individual meetings with the same citizen/group shall coordinate background information through the city manager prior to the scheduled meeting to ensure council members have consistent information. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate. 3-4 15 As Approved at 8/20/20 Council Meeting Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council daily. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public within a reasonable amount of time. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 As Approved at 8/20/20 Council Meeting Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application, inspection, and other fees via Resolution 14-03 Pinellas Suncoast Transit Authority – waived plan review and permitting fees (council direction on 7/30/18) None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 As Approved at 8/20/20 Council Meeting Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to MPLC for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. If no other request for signage has been submitted, the current sign may continue for an unspecified time until another application is accepted. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. 5-7 20 As Approved at 8/20/20 Council Meeting Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool; 5-8 21 As Approved at 8/20/20 Council Meeting C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 As Approved at 8/20/20 Council Meeting Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. 5-11 23 As Approved at 8/20/20 Council Meeting K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Brick Streets. The purpose of this policy is to provide a means by which residents that currently own property on an asphalt street or deteriorated existing brick street can obtain a brick street without unduly burdening the city’s limited street repair funds. The intent of the policy is to define who bears the cost for the brick street surface upgrade. The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt overlay on an existing asphalt road. The Engineering Department has a budget for the maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The life span of a properly installed brick street is estimated to be 40 - 50 years. Property owners residing within an easily delineated neighborhood within the city may request the City to resurface their street(s) with brick. The petitioning process and the cost sharing principles for such action are described herein. For the purpose of this policy, two categories for street bricking have been identified. The assessment to contiguous property owners will be determined based upon the category that fits the proposed street. The two categories are: 1. Existing Brick Street This category includes all existing brick streets. On many of these streets the condition of the road base underlying the brick surface has deteriorated. Historically, the original brick roads were built upon existing sandy soil that has allowed the brick to shift and settle over time, creating an undesirable road surface. To achieve a satisfactory road surface, the existing bricks must be removed and a proper road base installed. Since some loss of bricks occurs during the removal and reclamation process, there will not be a sufficient quantity of bricks remaining to be immediately replaced in the roadbed. Property owners on these streets may request the City to remove the existing bricks and replace them with new clay street bricks by requesting the City to petition all property owners on the street(s). The clay bricks removed will be reclaimed by the city and stored for future use in other areas of the city. In this case, an assessment will not be levied on the property owners because of the pre- existence of clay bricks. 6-2 25 As Approved at 8/20/20 Council Meeting 2. Existing Asphalt Street Residents may request the City to replace an existing asphalt street with new street bricks by requesting the City to petition all property owners on the street(s). The cost for the bricking project will be calculated and will include the costs of new street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for installation of a two-inch thick asphalt surface. The net cost will be assessed to each property owner based on the linear footage of property frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other applicable laws. The following procedure will be used by property owners and the City in upgrading existing asphalt streets in a residential or commercial area: A. Property owners may request the City to replace the existing street surface with new clay street bricks by requesting the City to petition all property owners on the street(s). The petition results must show positive interest of property owners owning a majority (51%) of the property frontage on the street (or neighborhood) to be bricked. The City petition process will be conducted so that 100% of the property owners on the proposed street(s) have been informed of the petition and the potential impact it may have on their property. A good faith attempt will be made to notify all property owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of receipt will be considered as a no vote. The petition will include the following information and statements: (See sample in Appendix A) 1. Identification of the area to include street names and lots or properties within the area. The proposed street must be at least one block long, i.e. intersection to intersection. 2. A statement indicating that the individual signing a petition recognizes that there may be a cost increase borne by them through a special assessment program, if the petition is approved by the City of Clearwater. A preliminary non-binding cost estimate for each property will be included with the petition form. 3. Signatures of individuals or entities owning property within the designated area. Signatures of persons or entities renting or leasing property will not be considered. B. The Engineering Department will review the request to identify issues that may relate to public safety, health and welfare. The Department will either recommend approval with conditions as necessary or reject the request if it is deemed invalid or not suitable due to public health, safety or welfare reasons. 6-2 cont’d 26 As Approved at 8/20/20 Council Meeting C. Implementation of the special assessment will comply with Chapter 27 Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of law. The City will coordinate the installation of new street bricks and curbing with the imposition and levy of the special assessments. D. Upon approval of the special assessment by the City Council, the Engineering Department will hold a coordination meeting between the appropriate City staff and the property owners in order to establish installation schedules and procedures. It is the responsibility of City staff to prioritize requests when multiple requests for petitions have been submitted. The Engineering staff first will determine when the street is anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to those requests for roads that have the lowest Pavement Condition Index. Additionally, streets with scheduled underground utility projects which would necessitate complete resurfacing would be prioritized based on the scheduled date of the utility project. All street bricking requests will be subject to the availability of interim funding. In the situation where there are more requests than funds available, the proposed requests will be delayed until sufficient funds are available. The following brick types are acceptable for this policy: New Clay Brick Pavers: 8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick meeting ASTM C 1272, Type F as manufactured by Pine Hill Brick or equal as determined by the Engineering Department. Color will be determined jointly with city staff and the area property owners from an approved city color palette. The developer of a new subdivision may elect to install brick streets. However, installation costs in new subdivisions are required to be paid by the developer at the time of installation and will not be assessed to the individual lots. The developer is required to follow City of Clearwater Engineering Standards for brick road installation. 6-2 cont’d 27 As Approved at 8/20/20 Council Meeting APPENDIX A SAMPLE BRICK STREET POLICY PETITION The purpose of this form is to provide a means by which residents may request the City of Clearwater to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick street. This form is to be utilized in conjunction with the City of Clearwater’s Brick Street Policy adopted by the City Council. As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick street will be assessed to the property owners with front footage on the proposed street. The net cost, as determined by the City, will be assessed to each property owner based on the Brick Street Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll. There will be no assessment levied in the case of upgrading an existing brick street. Street Name:______________________________________________________ From Cross Street: __________________ To Cross Street:_________________ Total Number of Affected Property Owners (Lots):___________ Contact Name:_______________________________________ Contact Address:_____________________________________ Contact Phone:______________________________________ I understand, by my signature below, that the purpose of this petition is to demonstrate my support of the installation/restoration of brick on the proposed street. I also understand that the cost associated with this upgrade will be borne by myself and other property owners on the proposed street. Furthermore, I also understand that by signing this petition, I am authorizing the City of Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way obligated to accept this assessment at this time. Attached to this petition is an estimate of the proposed cost for each property impacted. This estimate is preliminary only and may be adjusted up or down based upon actual construction bid results NAME: ___________________________________________ ADDRESS: ________________________________________ PHONE: __________________________________________ SIGNATURE: ______________________________________ Please submit this petition to: City Clerk, City of Clearwater Official Records and Legislative Services Department P.O. Box 4748, Clearwater , FL 33756 6-2 cont’d 28 As Approved at 8/20/20 Council Meeting Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-3 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. Per Clearwater Community Development Code Sec. 3-1202, all such material shall be native, or a non-invasive plant naturalized to Central Florida. Plants recommended in the Guide of Southeast Florida Water Management District, Florida Native Plant Society, FloridaYards.org, University of Florida or other entity as approved by the Community Development Coordinator shall be used. 6-4 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-5 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-6 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-7 Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. 6-8 29 As Approved at 8/20/20 Council Meeting A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. 6-8 cont’d Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-9 30 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 31 As Approved at 8/20/20 Council Meeting CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 32 As Approved at 8/20/20 Council Meeting Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. The city employee or city contractor will measure the sound levels for every group performing at the event. 4. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or city contractor will personally adjust the sound level to bring in compliance. 5. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 Renaming City Parks. The Parks & Recreation Board will not consider any requests to rename existing parks unless requested by motion of the City Council (per Resolution 09-31). The Board will conduct an advertised public hearing for the proposal and formulate a recommendation to the City Council for a final decision. 8-5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1105 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters, and the agreement was recently amended and renewed . The outside counsel has subsequently filed several foreclosure lawsuits against blighted properties. Based on the program’s initial success and the outside counsel’s capacity to handle more cases, city staff has identified several additional properties as viable candidates for foreclosure based on such variables as: 1) the amount of the City’s lien; 2) whether the property is currently in compliance with city codes; and 3) whether there are any superior liens on the property. The properties that have been identified as viable foreclosure candidates are: 1.1131 Marshall St 2.1146 Engman Ave 3.204 Pennsylvania Ave 4.1425 Gulf to Bay Blvd 5.602 Phoenix Ave The liens that the City seeks to foreclose also attach to any other non-exempt real property that the violator owns. As a result, additional properties may be included in the foreclosure action. Therefore, the City seeks authority to initiate foreclosure actions to recover the amounts owed on the municipal liens that attach to the properties listed above. Page 1 City of Clearwater Printed on 10/26/2022 Property Address Parcel ID Violation Amount Owed 1131 Marshall St 10-29-15-33534-001-0020 Nuisance Abatements 4,210.00$ 1146 Engman Ave 10-29-15-33552-004-0560 Nuisance Abatements 13,008.88$ Demolition 10,870.97$ 204 Pennsylvania Ave 10-29-15-72000-001-0110 Ext Storage, Hauling Trailer, Lot Clearing, Inoperative Vehicle 121,950.00$ Ext. Surfaces 46,500.00$ Unsafe Bldg 37,350.00$ 1425 Gulf to Bay Blvd 14-29-15-10476-003-0060 Roof Maint.79,050.00$ 602 Phoenix Ave 14-29-15-85950-006-0090 Res. Rental BTR, Ext Surfaces 131,100.00$ Utilities Lien 431.02$ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1125 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve settlement of general liability claim 22000020 to Kevin Robinson in the amount of $200,000, inclusive of attorney’s fees and other costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 16, 2022, the claimant was sunbathing on Clearwater Beach when he was struck by a Police Department vehicle, causing significant and permanent injury to his left leg requiring multiple surgeries, as well as inability to work at his job as a personal chef for several months. The City tendered an offer of $200,000 in accordance with the sovereign immunity cap per F.S. 268.78 contingent on City Council approval, and the claimant accepted. APPROPRIATION CODE AND AMOUNT: 5907590-545900 Insurance Claims-General Liability USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9634-22 2nd rdg Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9634-22 on second reading, amending the Code of Ordinances Chapter 2, Article V., Division 3, Employees’ Pension Plan, to re-establish a cost-of-living benefit for firefighters; amending section 2.421 relating to cost-of-living adjustments for firefighters. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 1 ORDINANCE NO. 9634-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES’ PENSION PLAN, TO RE-ESTABLISH A COST-OF-LIVING BENEFIT FOR FIREFIGHTERS; AMENDING SECTION 2.421 RELATING TO COST-OF-LIVING ADJUSTMENTS FOR FIREFIGHTERS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Plan (the “Plan”) contains a cost-of-living adjustment for some retirees; WHEREAS, some members who are not eligible to retire as of January 1, 2013 are not currently entitled to cost-of-living benefits for service on or after January 1, 2013; WHEREAS, the Plan’s actuary has studied the cost of resuming cost-of-living benefits for firefighters who are active members of the Plan on October 1, 2022; WHEREAS, the proposed cost-of-living benefit for firefighters would only be paid after a five-year delay; WHEREAS, the City and IAFF recently negotiated to revise the Plan; WHEREAS, the Board of Trustees of the City of Clearwater Employees’ Pension Fund has prepared this ordinance in consultation with labor and management. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.421(5) of the Code of Ordinances of the City of Clearwater is hereby created to read as follows: Section 2.421. Cost-of-living adjustment. ***** (5) Resumption of COLA for firefighters: Notwithstanding anything to the contrary, retirement benefits for all firefighters who are actively employed on or after October 1, 2022 shall be increased by an annual cost-of-living adjustment equal to one and one-half percent (1.5%) as set forth below, including cost-of-living benefits on service earned from January 1, 2013 through October 1, 2022. The cost-of-living adjustment shall also apply to 2 beneficiaries and survivors of all firefighters who are actively employed on or after October 1, 2022. The cost-of-living shall be payable on each April 1, provided that the eligible firefighter retiree, their beneficiary or survivor, has received at least 60 months of monthly benefits. This subsection is not intended to limit the rights of grandfathered firefighters who were eligible to retire prior to January 1, 2013, or the right to pro-rated cost-of-living benefits on service earned prior to January 1, 2013, or the right to pro-rated cost-of- living benefits on service earned prior to January 1, 2013. Section 2: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 3: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 4: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: 3 _________________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. July 29, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Actuarial Impact Statement Dear Jay: As requested, we have prepared the enclosed Actuarial Impact Statement to illustrate the first-year impact of the proposed Ordinance which would amend the City of Clearwater Employees’ Pension Plan (Plan) by providing a 1.5% Cost of Living Adjustment (COLA) annually on all benefits for Firefighters, including any benefits accrued after January 1, 2013. For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. This change applies to all Firefighters who are actively employed on or after October 1, 2022. Please have a Board member sign the enclosed Statement and send the Statement along with a copy of the proposed Ordinance to the Division of Retirement prior to the second reading of the proposed Ordinance. Summary of Findings • The Required City Contribution in the first year would increase by $520,062 or 0.55% of total covered payroll (2.92% of covered payroll for Firefighters). • The Actuarial Accrued Liability (AAL) would increase by $5,694,243 (from $1,068,348,048 to $1,074,042,291). • The funded ratio (not including the Credit Balance in the Actuarial Value of Assets) would decrease by 0.59% (from 111.40% to 110.81%). Actuarial Assumptions and Methods All methods and assumptions are the same as indicated in our January 1, 2022 Actuarial Valuation Report. Mr. Jay Ravins July 29, 2022 Page 2 Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of this study does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. Mr. Jay Ravins July 29, 2022 Page 3 The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the Board of Trustees for the City of Clearwater Employees’ Pension Plan and is intended for use by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. This report is intended to describe the financial effect of the proposed plan changes on the retirement system. Potential effects on other benefit plans were not considered. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. This report should not be relied on for any purpose other than the purpose described above. GRS is not responsible for unauthorized use of this report. The calculations in this report are based upon information furnished by the City for the January 1, 2022 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City. The actuarial assumptions and methods, financial data, and participant census data utilized in these calculations are the same actuarial assumptions and methods, financial data, and participant census data used in the Actuarial Valuation as of January 1, 2022 as presented in our Report dated April 26, 2022, except for the changes noted above. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. Mr. Jay Ravins July 29, 2022 Page 4 This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. If there are any questions or if we can be of further assistance, please contact us. We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 5 CITY OF CLEARWATER EMPLOYEES’ PENSION PLAN Impact Statement – July 29, 2022 Description of Amendments The proposed ordinance would amend the Plan by providing a 1.5% Cost of Living Adjustment (COLA) annually on all benefits for Firefighters, including any benefits accrued after January 1, 2013 (instead of only for benefits accrued prior to January 1, 2013). For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. This change applies to all Firefighters who are actively employed on or after October 1, 2022. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator 6 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Clearwater Employees’ Pension Plan Valuation Date January 1, 2022 Date of Report July 29, 2022 Report Requested by Board of Trustees Prepared by Gabriel, Roeder, Smith & Company Group Valued All active and inactive members. Benefits Being Considered for Change The proposed ordinance would amend the Plan as follows: Provide a 1.5% Cost of Living Adjustment (COLA) annually on all benefits for Firefighters, including any benefits accrued after January 1, 2013 (instead of only for benefits accrued prior to January 1, 2013). For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. Participants Affected This change applies to all Firefighters who are actively employed on or after October 1, 2022. Actuarial Assumptions and Methods Same Actuarial Assumptions and Methods used in the January 1, 2022 Actuarial Valuation. Some of the key assumptions/methods are: Investment Return: 6.50% Salary Increases: 2.75% to 7.60%, depending on service and employment classification Cost Method: Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability 10 years, based on the average expected future service of the active members affected by the amendment. Summary of Data Used in Report See attached page; same as the data used in the January 1, 2022 Actuarial Valuation. 7 Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations Since the Plan remains fully funded as of January 1, 2022 after reflecting the liability increase for the proposed Plan change described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The cost impact shown on the enclosed exhibit represents the change in the Normal Cost of the Plan only. If the Plan were not fully funded, the hypothetical cost increase including a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan change would be $1,312,158 instead of $520,062. 8 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 11,484,205 3,325,116 4,491,787 3,667,302 F.ADC if Paid on the Valuation Date: D+E 11,484,205 3,325,116 4,491,787 3,667,302 G.ADC Adjusted for Frequency of Payments 12,230,679 3,541,249 4,783,753 3,905,677 H.ADC as % of Covered Payroll 13.00 %6.46 %22.30 %21.92 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 12,230,679 3,541,249 4,783,753 3,905,677 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 12,218,679 3,541,249 4,776,753 3,900,677 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.99 %6.46 %22.27 %21.89 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 P.Change in REC in Contribution Year 520,062 0 0 520,062 Q.Change in REC as % of Covered Payroll in Contribution Year 0.55 %0.00 %0.00 %2.92 % ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - AFTER PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. 9 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2023 9/30/2023 9/30/2023 9/30/2023 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 10,995,884 3,325,116 4,491,787 3,178,981 F.ADC if Paid on the Valuation Date: D+E 10,995,884 3,325,116 4,491,787 3,178,981 G.ADC Adjusted for Frequency of Payments 11,710,617 3,541,249 4,783,753 3,385,615 H.ADC as % of Covered Payroll 12.45 %6.46 %22.30 %19.00 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 94,070,686 54,799,503 21,449,955 17,821,228 K.ADC for Contribution Year: H x J 11,710,617 3,541,249 4,783,753 3,385,615 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 11,698,617 3,541,249 4,776,753 3,380,615 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.44 %6.46 %22.27 %18.97 % O.Credit Balance 33,820,230 16,984,270 9,956,043 6,879,917 ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - BEFORE PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. 10 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 433,429,893 $ 190,273,541 $ 132,183,013 $ 110,973,339 b. Vesting Benefits 38,600,033 27,460,940 6,508,958 4,630,135 c. Disability Benefits 23,237,157 3,966,053 11,265,294 8,005,810 d. Preretirement Death Benefits 5,472,520 3,362,050 1,104,571 1,005,899 e. Return of Member Contributions 4,099,684 2,950,653 660,464 488,567 f. Total 504,839,287 228,013,237 151,722,300 125,103,750 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,238,759,026 597,636,602 377,343,791 263,778,633 C.Actuarial Accrued (Past Service) Liability 1,074,042,291 541,189,899 316,534,086 216,318,306 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(116,104,118) (65,521,935) (30,596,564) (19,985,619) J.Funded Ratio = E.2. / C.113.96%115.25%112.81%112.42% K.Funded Ratio Excluding Credit Balance = E.3. / C.110.81%112.11%109.67%109.24% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - AFTER PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 11 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 424,241,170 $ 190,273,541 $ 132,183,013 $ 101,784,616 b. Vesting Benefits 38,067,297 27,460,940 6,508,958 4,097,399 c. Disability Benefits 22,402,897 3,966,053 11,265,294 7,171,550 d. Preretirement Death Benefits 5,377,675 3,362,050 1,104,571 911,054 e. Return of Member Contributions 4,099,684 2,950,653 660,464 488,567 f. Total 494,188,723 228,013,237 151,722,300 114,453,186 2.Inactive Members a. Service Retirees & Beneficiaries 658,612,846 350,400,869 191,505,262 116,706,715 b. Disability Retirees 56,500,520 7,991,817 28,967,229 19,541,474 c. Terminated Vested Members 18,806,373 11,230,679 5,149,000 2,426,694 d. Total 733,919,739 369,623,365 225,621,491 138,674,883 3. Total for All Members 1,228,108,462 597,636,602 377,343,791 253,128,069 C.Actuarial Accrued (Past Service) Liability 1,068,348,048 541,189,899 316,534,086 210,624,063 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A N/A E.Plan Assets 1.Market Value 1,375,042,294 700,679,655 401,162,327 273,200,312 2. Actuarial Value 1,223,966,639 623,696,104 357,086,693 243,183,842 3. Actuarial Value Excluding Credit Balance 1,190,146,409 606,711,834 347,130,650 236,303,925 F.Actuarial Present Value of Projected Covered Payroll 795,615,409 435,945,720 201,307,080 158,362,609 G.Actuarial Present Value of Projected Member Contributions 70,786,350 34,875,657 20,081,329 15,829,364 H.Accumulated Value of Active Member Contributions 66,538,014 35,807,548 16,617,258 14,113,208 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(121,798,361) (65,521,935) (30,596,564) (25,679,862) J.Funded Ratio = E.2. / C.114.57%115.25%112.81%115.46% K.Funded Ratio Excluding Credit Balance = E.3. / C.111.40%112.11%109.67%112.19% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - BEFORE PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 12 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $13,736,099 $4,799,362 $4,841,561 $4,095,176 2.Vesting 2,496,928 1,626,005 502,014 368,909 3.Disability Benefits 2,085,171 314,540 1,008,502 762,129 4.Death Benefits 232,646 129,724 49,375 53,547 5.Refund of Contributions 895,586 669,575 124,682 101,329 6.Total for Future Benefits 19,446,430 7,539,206 6,526,134 5,381,090 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 19,779,252 7,709,076 6,623,108 5,447,068 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 11,484,205 3,325,116 4,491,787 3,667,302 E. Employer Normal Cost as % of Covered Payroll 12.21%6.07%20.94%20.58% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - AFTER PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 13 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $13,365,746 $4,799,362 $4,841,561 $3,724,823 2.Vesting 2,466,809 1,626,005 502,014 338,790 3.Disability Benefits 2,002,367 314,540 1,008,502 679,325 4.Death Benefits 227,601 129,724 49,375 48,502 5.Refund of Contributions 895,586 669,575 124,682 101,329 6.Total for Future Benefits 18,958,109 7,539,206 6,526,134 4,892,769 7.Assumed Amount for Administrative Expenses 332,822 169,870 96,974 65,978 8.Total Normal Cost 19,290,931 7,709,076 6,623,108 4,958,747 C.Expected Member Contributions 8,295,047 4,383,960 2,131,321 1,779,766 D.Employer Normal Cost: B8 - C 10,995,884 3,325,116 4,491,787 3,178,981 E. Employer Normal Cost as % of Covered Payroll 11.69%6.07%20.94%17.84% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - BEFORE PLAN CHANGES January 1, 2022 January 1, 2022 January 1, 2022 January 1, 2022 14 ACTIVE MEMBERS Number 1,510 1,083 232 195 Covered Annual Payroll $94,070,686 $54,799,503 $21,449,955 $17,821,228 Average Annual Payroll $62,298 $50,600 $92,457 $91,391 Average Age 44.1 45.6 39.4 41.0 Average Past Service 10.6 10.3 10.9 11.6 Average Age at Hire 33.5 35.3 28.5 29.4 RETIREES & BENEFICIARIES Number 1,263 805 273 185 Annual Benefits $50,117,248 $27,967,892 $13,384,612 $8,764,744 Average Annual Benefit $39,681 $34,743 $49,028 $47,377 Average Age 68.1 69.9 64.0 66.5 DISABILITY RETIREES Number 127 34 51 42 Annual Benefits $4,317,063 $750,101 $2,064,856 $1,502,106 Average Annual Benefit $33,993 $22,062 $40,487 $35,764 Average Age 65.5 71.1 61.9 65.4 TERMINATED VESTED MEMBERS Number 79 58 13 8 Annual Benefits $1,669,968 $1,091,817 $382,769 $195,382 Average Annual Benefit $21,139 $18,824 $29,444 $24,423 Average Age 49.0 50.9 44.7 42.7 PARTICIPANT DATA - BEFORE AND AFTER PLAN CHANGES January 1, 2022 Total Non-Hazardous Hazardous Police Hazardous Fire July 29, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Pension Plan Current Plan versus Alternative Scenario with 30-Year Projections for Firefighter Members Dear Jay: Gabriel, Roeder, Smith & Company (GRS) has been engaged by the City of Clearwater to prepare projections of costs for the City of Clearwater Employees’ Pension Plan (Plan). This letter presents 30- year projections of the cost for Firefighter members of the current pension plan and one alternative scenario. It also includes a discussion of risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of January 1, 2022. The enclosed exhibits present the following: 1. Baseline Projection: 30-year projections of current pension plan benefits using the current assumptions and methods as described in the January 1, 2022 Actuarial Valuation Report dated April 26, 2022. The projections were prepared assuming that the actual market returns match the investment return assumption each year, including an assumed 6.50% return on the market value of assets for every year of the projection period. Current pension benefits to Firefighters include the following: • Cost of Living Adjustments (COLAs): 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. 2. Alternative Scenario: Same as the Baseline Projection EXCEPT: • Cost of Living Adjustments (COLAs): 1.5% annually on all benefits, including any benefits accrued after January 1, 2013. For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. This change applies to Firefighters who are active members of the Plan on the Plan change effective date and future Firefighter members. Mr. Jay Ravins July 29, 2022 Page 2 For purposes of the projection study, the proposed Plan changes are assumed to become effective on January 1, 2022. A later effective date is not anticipated to have a material impact on the projection results. Except as indicated above, all methods, assumptions, and other benefit provisions are the same as described in our January 1, 2022 Actuarial Valuation Report. Since the Plan remains fully funded on and after January 1, 2022 even after reflecting the liability increase for the alternative scenario described above, the Actuarially Determined Contribution does not include an amortization payment on the Unfunded Actuarial Liability (UAL). The projected cost impacts shown on the enclosed exhibit represent the change in the Normal Cost of the Plan only since the Plan is projected to remain fully funded based on the assumptions detailed in this study. In order to model the projected impact on the City’s contribution requirements if the Plan were not fully funded, the last column of the exhibit shows a hypothetical cost increase that includes a UAL amortization payment on the increase in the actuarial accrued liability associated with the proposed Plan change. Per the Plan’s Funding Policy, the amortization period for the UAL payment is based on the average expected future service of the active members affected by the Plan change. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; Mr. Jay Ravins July 29, 2022 Page 3 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the City of Clearwater and is intended for use by the City and those designated or approved by the City or the Board of Trustees. This report may be provided to parties other than the City and Board only in its entirety and only with the permission of the City and Board. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to Plan benefits. This report should not be relied on for any purpose other than the purpose described. Mr. Jay Ravins July 29, 2022 Page 4 The calculations in this report are based upon information furnished by the Plan Administrator for the January 1, 2022 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to exactly match the actuarial assumptions, including the assumed investment return on the market value of assets. Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) at their dates of employment as those of all current active members on the most recent actuarial valuation / census data collection date. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. Mr. Jay Ravins July 29, 2022 Page 5 We welcome your questions and comments. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 6 $ Amount % of Pay $ Amount % of Pay 2023 17,821,228 3,380,615 18.97%112%17,821,228 3,900,677 21.89%109%520,062 1,312,158202418,161,984 3,425,595 18.86%116%18,161,984 3,969,275 21.85%113%543,680 1,335,776 2025 18,540,146 3,478,158 18.76%123%18,540,146 4,044,657 21.82%119%566,499 1,358,595 2026 18,883,621 3,524,719 18.67%127%18,883,621 4,112,835 21.78%123%588,116 1,380,212 2027 19,252,331 3,577,507 18.58%129%19,252,331 4,187,207 21.75%125%609,700 1,401,796 2028 19,571,475 3,622,061 18.51%130%19,571,475 4,250,951 21.72%126%628,890 1,420,986202919,899,305 3,670,515 18.45%132%19,899,305 4,317,357 21.70%127%646,842 1,438,938 2030 20,298,736 3,733,935 18.39%133%20,298,736 4,399,526 21.67%128%665,591 1,457,687 2031 20,692,002 3,797,778 18.35%135%20,692,002 4,481,555 21.66%129%683,778 1,475,874 2032 21,126,641 3,872,100 18.33%136%21,126,641 4,573,369 21.65%130%701,269 1,493,365203321,594,161 3,953,214 18.31%138%21,594,161 4,672,287 21.64%131%719,074 719,074 2034 22,157,911 4,052,963 18.29%139%22,157,911 4,791,928 21.63%133%738,965 738,965 2035 22,747,988 4,159,418 18.28%141%22,747,988 4,918,019 21.62%134%758,600 758,600 2036 23,364,759 4,272,721 18.29%143%23,364,759 5,050,766 21.62%135%778,045 778,045203723,978,275 4,387,724 18.30%144%23,978,275 5,183,769 21.62%136%796,045 796,045 2038 24,637,336 4,511,808 18.31%146%24,637,336 5,326,615 21.62%138%814,806 814,806 2039 25,264,056 4,633,894 18.34%148%25,264,056 5,464,762 21.63%139%830,868 830,868 2040 25,880,313 4,755,977 18.38%150%25,880,313 5,601,581 21.64%141%845,604 845,604204126,507,041 4,881,040 18.41%153%26,507,041 5,741,320 21.66%142%860,280 860,280 2042 27,149,990 5,009,605 18.45%155%27,149,990 5,884,568 21.67%144%874,963 874,963 2043 27,772,636 5,135,866 18.49%157%27,772,636 6,023,579 21.69%145%887,713 887,713 2044 28,422,353 5,266,393 18.53%160%28,422,353 6,168,084 21.70%147%901,691 901,691 2045 29,059,166 5,393,842 18.56%162%29,059,166 6,309,729 21.71%149%915,887 915,887204629,685,190 5,518,742 18.59%165%29,685,190 6,448,986 21.72%151%930,244 930,244 2047 30,317,606 5,643,762 18.62%167%30,317,606 6,589,187 21.73%153%945,425 945,425 2048 30,956,335 5,769,001 18.64%170%30,956,335 6,730,435 21.74%155%961,434 961,434 2049 31,592,561 5,893,288 18.65%173%31,592,561 6,871,012 21.75%157%977,725 977,725205032,235,718 6,018,228 18.67%176%32,235,718 7,012,936 21.76%159%994,708 994,708 2051 32,896,918 6,145,764 18.68%179%32,896,918 7,158,520 21.76%161%1,012,756 1,012,756 2052 33,576,815 6,276,085 18.69%183%33,576,815 7,307,901 21.76%163%1,031,816 1,031,816 Total 137,762,317 161,493,394 23,731,077 31,652,037 Total Present Value at 6.50%57,622,938 67,547,883 9,924,945 15,989,314 Assumptions Investment Return Assumption and Actual Return on Plan AssetsIncrease in Administrative Expenses Per Year No future actuarial experience gains or losses All other assumptions and methods are the same as those used in the January 1, 2022 Actuarial Valuation Report 6.50%2.25% City of Clearwater Employees' Pension Plan 30-Year Projection of Actuarially Determined Contributions for Firefighters Current Plan Provisions Alternative Scenario: 1.5% Cost of Living Adjustments (COLAs) with 5-Year Delay on Firefighters' Benefits Accrued after 1/1/2013 Actuarially Determined Contribution Funded Ratio on Valuation Date Actuarially Determined Contribution Funded Ratio on Valuation Date Hypothetical Cost / (Savings) Incl UAL Pmt Pensionable Payroll Fiscal Year Ending Pensionable Payroll Cost / (Savings) as $ Amount 7 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 Projected City Contributions ($)(Millions)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Firefighters Current Plan (No Changes) Alternative Scenario (1.5% COLAs with 5-Year Delay on Firefighters' Benefits Accrued after 1/1/2013) 8 10.0% 11.0% 12.0% 13.0% 14.0% 15.0% 16.0% 17.0% 18.0% 19.0% 20.0% 21.0% 22.0% 23.0% 24.0% 25.0% 10.0% 11.0% 12.0% 13.0% 14.0% 15.0% 16.0% 17.0% 18.0% 19.0% 20.0% 21.0% 22.0% 23.0% 24.0% 25.0%Projected City Contributions (% of Pay)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement for Firefighters Current Plan (No Changes) Alternative Scenario (1.5% COLAs with 5-Year Delay on Firefighters' Benefits Accrued after 1/1/2013) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9636-22 2nd rdg Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9636-22 on second reading, vacating the 5-foot-wide platted utility easement on the south property line of Lot 45, and the west half of Lot 44 along with the abutting 5-foot-wide platted utility easement on the north property line of Lots 8,7,6, 20, and the west half of Lot 21, located in Hibiscus Gardens, Block O, according to the map or plat thereof as recorded in Plat Book 14, Pages 55-59 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 [RE15-1313-080/295963/1] Ord. 9636-22 ORDINANCE NO. 9636-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 5-FOOT-WIDE PLATTED UTILITY EASEMENT ON THE SOUTH PROPERTY LINE OF LOT 45, AND THE WEST HALF OF LOT 44 ALONG WITH THE ABUTTING 5-FOOT-WIDE PLATTED UTILITY EASEMENT ON THE NORTH PROPERTY LINE OF LOTS 8,7,6,20, AND THE WEST HALF OF LOT 21, LOCATED IN HIBISCUS GARDENS, BLK O, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 55-59, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easements; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said 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: 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, contingent upon, and subject to, the following conditions precedent: 1. Frontier Communications has facilities within the area being vacated. A recordable non-exclusive easement in favor of Frontier will be required for Frontier Communications facilities to remain in the vacated Right-of-Way. Said easement shall be recorded as Official Records with the Pinellas County Clerk of the Circuit Court. 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. [RE15-1313-080/295963/1] Ord. 9636-22 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk TERMINUS SURVEYINGSURVEYING TERMINUS LLC.TERMINUS SURVEYINGTHIS SURVEY WAS MADE UNDER MY DIRECT SUPERVISION AND COMPLIES WITH THE STANDARDS OF PRACTICE AS SET FORTH IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027 FLORIDA STATUTES. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR & MAPPER. EXHIBIT A COURT ST S LINCOLN AVESANTA ROSA ST 313 315 401 321 501 318 1271126412661234128512501263124512661270126012791267²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.287B 15-29s-15e09/01/2022Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: VAC2022-04Proposed 5' Utility Easements to be Vacated Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\VAC2022_04Aerial.mxd AERIAL MAP Proposed 5' Easement VacationProposed 5' Utility Easement Vacations Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1194 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Clearwater Gas System/City Sponsorships SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 FY23 Gas System Sponsorships Vendor Name Amount Description Comments BAY AREA MANUFACTURERS 2,500$ Annual Membership dues & Golf Safety Sponsorship Paid in September 2022 CITY OF LARGO 5,000$ CGS BANNER/Logo @ 11 sports complex locations CLEARWATER CHAMBER OF COMMERCE 41,500$ Partnership Agreement Annual membership, Diversity, Equity & Inclusion sponsor, Workforce development, small business council and Legislative partner sponsor. Logo on marketing and media pieces for Chalktober Fest and Light it Up event. CLEARWATER FOR YOUTH INC 25,000$ Partnership Agreement Provide one $10,000 scholarship in the name of Clearwater Gas System. Naming rights to Youth Community Assistance program. Logo on newsletters, website and publications. CLEARWATER JAZZ HOLIDAY FOUNDATION INC 15,000$ Annual Partnership Agreement Paid in October 2022 DUNEDIN FALCONS BBALL BOOSTER 500$ CGS Banner displayed @ Dunedin High school games FLORIDA ENGINEERING SOCIETY 1,000$ Mathcounts sponsor Middle school math competition HABITAT FOR HUMANITY OF PINELLAS COUNTY INC 10,000$ Annual Sponsorship Block Builder & Lanscape sponsor. Recognition in front of homes, participate in dedication ceremonies. Logo on event webpage and e-newsletter. JABER GROUP INC 2,500$ Annual Florida Women in Energy Leadership Forum LEADERSHIP PINELLAS 5,000$ Platinum Sponsorship Logo included on website and newsletters and social media. Recognition at events, sponsor Past Presidents breakfast. MORTON PLANT MEASE HOSPITAL FOUNDATION 6,000$ Annual Partnership Agreement Sponsor Women in Philanthropy, Planters luncheon and golf tournament sponsor. PASCO ECONOMIC DEVELOPMENT COUNCIL, INC 6,000$ Annual Sponsorship Advertising, marketing and promotion of gas throughout Pasco County PHILLIES FLORIDA LLC 61,000$ Annual Sponsorship Agreement - Corporate Suite, advertising, food/beverage Covers both Spring Traing & Threshers season games RUTH ECKERD HALL INC 15,000$ Corporate Sponsorship Year round recognition (banner ads, logo on website and publications, marquee recognition) SUNSETS AT PIER 60 SOCIETY INC 28,000$ Sugar Sands Festival Sponsorship Logo included on sand sculpture, banners, publications, website and promotional materials throught the event VARSITY MEDIA LLC 600$ Countryside Little League Baseball Sign Sponsorship TOTAL 224,600$ 117,440$ Removed from Gas Budget (34% reduction) Council Budget Vendor Name Amount Description BETH DILLINGER FOUNDATION INC 5,000$ Annual "VALUE ME" Luncheon BIG BROTHERS BIG SISTERS OF PINELLAS COUNTY 4,000$ SILVER Sponsor CHARITY WORKS INC 2,200$ ANNUAL CHARITY WORKS CLIP CHILDREN'S DREAM FUND 2,500$ Sponsor Dream Maker luncheon CLEARWATER MARINE AQUARIUM 3,100$ Formerly known as "WINTER ON THE BEACH" Event Dinner Sponsorship CLEARWATER MARTIN LUTHER KING JR NEIGHBORHOOD 1,000$ City Council Table Sponsorship HOPE VILLAGES OF AMERICA INC 2,500$ Partnership Commitment INTERCULTURAL ADVOCACY INSTITUTE 3,300$ Annual Diversity Luncheon Sponsorship NAACP 500$ ANNUAL MLK DAY CELEBRATION SPONSORSHIP PINELLAS COUNTY SHERIFF POLICE ATHLETIC LEAGUE INC 2,500$ ANNUAL BENEFIT BREAKFAST SPONSORSHIP PINELLAS EDUCATION FOUNDATION 24,000$ SPONSORSHIP OF 4 EVENTS READY FOR LIFE INC 2,500$ CHANGING LIVES LUNCHEON YMCA OF THE SUNCOAST INC 5,000$ ANNUAL PRAYER BREAKFAST TOTAL 58,100$ Removed from Gas Budget Vendor Name Amount Description Comments CHI CHI RODRIGUEZ YOUTH FOUNDATION INC 2,750$ CHI CHI Charity Classic Sponsor CITIZENS ALLIANCE FOR PROGRESS 1,000$ Bronze Sponsorship CLEARWATER NEIGHBORHOODS COALITION 1,500$ SPONSORSHIP COMMUNITY SERVICE FOUNDATION INC 2,000$ 24TH ANNUAL 2019 CHARITY GOLF CONGRESS FOR THE NEW URBANISM 1,000$ Gold Sponsor COPPERHEAD CHARITIES INC 6,200$ Valspar Championship Sponsorship FLORIDA RESTAURANT & LODGING ASSN INC 150$ Annual Hospitality Golf sponsor HOMELESS EMPOWERMENT PROGRAM 3,800$ Annual Charity Golf Tournament Sponsorship INDIAN ROCKS BEACH ACTION 2000 INC.2,000$ Octoberfest on the Beach & Run/Walk Challenge Sponsorship ISLAND ESTATES YACHT CLUB 1,000$ Holiday Boat Parade Sponsorship LEO FUN DAY INC 1,000$ Gold Sponsor MT CARMEL COMMUNITY DEVELOPMENT CORPORATION 2,500$ North Greenwood BACK TO SCHOOL SPONSORSHIP RAYS BASEBALL FOUNDATION 800$ Casino Night Sponsorship ROTARY CLUB OF CLEARWATER INC 640$ Annual Dues and Sponsor ROTARY CLUB OF LARGO 1,000$ MOUSSE SPONSORSHIP ROTARY CLUB OF TARPON SPRINGS 1,000$ Tarpon Springs Triathon sponsorship SALVATION ARMY 5,000$ Annual Sponsorship Utility Customer Service (We Care Fund) and Economic Development (Homeless Initiative) already contribute to this organization SEPIA OF PINELLAS COUNTY INC 1,500$ Gold Sponsor SUNCOAST HOSPICE FOUNDATION 6,000$ Gold Sponsor TAMPA BAY AREA CHIEFS OF POLICE EDUCATION & RESEARCH FOUNDATION 2,000$ Annual Dinner Sponsorship TAMPA BAY CHARITIES 5,000$ Hooters International Speedboat Race Sponsorship TAMPA BAY REGIONAL PLANNING COUNCIL 2,500$ RESILIENCY LEADERSHIP SUMMIT URBAN LAND INSTITUTE 6,000$ SPONSORSHIP & MEMBERSHIP Economic Development and Planning/Dev related WEST COAST PLAYERS INC 500$ Annual Stage Manager Sponsorship WILLA CARSON HEALTH RESOURCE CENTER INC 2,500$ Platinum Sponsorship TOTAL 59,340$ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1200 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Discuss the ARPA distribution process and authorize staff to expend funds that support relief and recovery efforts in the North Greenwood Redevelopment Agency area prior to the establishment of the trust fund. SUMMARY: Page 1 City of Clearwater Printed on 10/26/2022 1 | Page American Rescue Plan Act Funds The city of Clearwater has been allocated a total of $22,483,893 under this program. On August 4, 2022, Clearwater City Council approved funding allocations for twelve proposed project types. The following provides an overview of startup funding for activities in the North Greenwood Community Redevelopment Agency (CRA) area and four other project types for which funding solicitations will be made available to targeted groups or populations. Startup Funding – North Greenwood Community Redevelopment Agency $5,000,000 1. Overview/Description These funds will help the North Greenwood Community Redevelopment Agency (CRA) start its redevelopment efforts. Because the Community Redevelopment Agency's future funding is predicated on increasing the taxable value of the properties within the area, staff believes an initial investment in the neighborhood is appropriate to jumpstart these efforts. A centerpiece of the area is the North Ward School which the City has acquired and is ready to redevelop. Many other efforts are currently being planned in this area which is generally defined as a roughly 1.31-square-mile area to the north and northeast of downtown. 2. Eligibility Criteria Projects and activities consistent with the goals and objectives of the North Greenwood CRA Plan.1 3. Solicitation Process City staff, including members of Community Redevelopment Agency, Economic Development & Housing Department, and Planning & Development Department, and others which may be appropriate from time to time, will work with Clearwater Urban Leadership Coalition to identify, evaluate, competitively solicit, and fund projects and activities to support relief and recovery activities in the North Greenwood CRA area. Generally, the CRA is bounded by Sunset Point Road to the north; Kings Highway to the east; Palmetto Street, CSX Railway, and Jones Street to the south; and North Osceola Avenue, North Fort Harrison Avenue, and Clearwater Harbor to the west. 4. Administration The soliciting department will manage the project or activity and monitor for compliance until such time as the North Greenwood CRA executive director and board of trustees is established. 1 Currently in draft form; Anticipated final approval is 1Q2023. 2 | Page Affordable Housing $3,300,000 1. Overview/Description Housing projects will include down payment assistance, rehabilitation and new construction of single-family and multi-family homes, and energy efficiency improvements such as installation of cool roofs and solar panels when practicable. These funds will be used to assist households with incomes between 80 and 120 percent Area Median Income. While this income bracket will be the primary target, worthwhile projects assisting households below 80 percent Area Mean Income will also be considered. Funding will be used to provide a) assistance to developers and property managers and b) assistance to homeowners and homebuyers. 2. Eligibility Criteria Assistance to Developers / Property Managers 1. New Construction of Detached Single-Family Homes: • Construction Loan: Upon repayment of loan, developer retains a developer fee equal to 12% of funds drawn on the construction loan. Additional grant funding if needed to provide for net revenue of 12% of total development costs (TDC)2. • Construction Grant: Equal to 12% of construction costs. Additional grant funding may be awarded if needed to provide for net revenue of 12% of TDC. • Grant funding for rooftop solar, if feasible. 2. Multi-Family Rental Rehabilitation: • Loans up to $45,000/unit amortized over 20 years. • Rooftop solar installations will be evaluated on case-by-case. If feasible, staff will ensure through written agreement that energy cost-savings from solar installations are passed onto the income-qualifying household. 3. Other: • Grant funding may be considered for rooftop solar installations for new construction of attached homeownership projects (e.g., townhomes), if feasible. • Multi-family new construction loans and grants will be negotiated on a case-by-case basis through consultation with the City Manager. • Loans and grants for property acquisition will be negotiated on a case-by-case basis through consultation with the City Manager. Assistance to Homeowners / Homebuyers 1. Single-Family Owner-Occupied Home Rehabilitation: • Loans up to $45,000 amortized over 20 years (minimum $5,000). Lower income levels qualify for deferred loan. Existing city funding supports households earning up to 80% 2 The developer fee is intended to provide incentive. Additional grant funding, if needed, is to ensure a minimum return on investment for the developer. TDC for each project will be reviewed by staff to ensure reasonableness. 3 | Page AMI. ARPA funding will be used to fund households with income greater than 80% AMI and up to 120% AMI. • With new roofs, grants for rooftop solar installations, if feasible. 2. Down Payment Assistance: • Up to 80% AMI, city funds will be used for a loan per existing program ($45,000 maximum). If needed, an additional ARPA grant up to $15,000 to cover financial gap. • Greater than 80% AMI and up to 120% AMI, ARPA funds will be used for a loan consistent with terms of existing program. If needed, an additional grant up to $15,000 to cover financial gap. 3. Single-Family Owner-Occupied Emergency Repairs: • ARPA grant funding up to $5,000 for households up to 120% AMI for essential items only. Essential items are related to code compliance, safety, sanitation, special needs and/or to prevent rapid deterioration of home condition. Aesthetic improvements will not be considered. NOTE: Certain affordable housing expenditures may require City Council approval in accordance with Housing Division policies; staff will defer to procurement and signature authority guidelines. 3. Solicitation Process Applications will be made available through Neighborly3 cloud-based grant management system. The Housing Division in Economic Development & Housing Department will promote the availability of funds through social media, direct mail and public notices, when applicable. 4. Administration Economic Development & Housing Department will administer and monitor for compliance. Pinellas Community Foundation $1,000,000 1. Overview/Description Pinellas Community Foundation will fund organizations that provide emergency support for individuals and families that live in Clearwater who have housing and social service needs. 2. Eligibility Criteria Pinellas Community Foundation (PCF) will begin its work with a solicitation of Letters of Interest (LOIs) from organizations. PCF will provide feedback to organizations having submitted LOIs. Organizations able to exhibit both capacity and ability to assist targeted populations in a timely manner will be invited to submit a full application. 3 Neighborly by Benevate, Inc. 4 | Page 3. Solicitation Process PCF will solicit, review and award applications. 4. Administration Pinellas Community Foundation will administer the grants and will submit monthly reports to Economic Development & Housing Department. Reports shall include all financial transactions during the reporting period, beneficiary data for all programs funded with Clearwater ARPA funds, and metrics measuring the success of each funded program. Non-Profit Funding $1,000,000 1. Overview/Description Nonprofit organizations that provide services within Clearwater will have an opportunity to request grant funding for programs that focus on cultural affairs. These could include area markets, concert or theatre events, or other community social opportunities that are trying to become financially feasible or that need financial assistance getting back to pre-pandemic levels of effectiveness. The city of Clearwater’s Cultural Affairs Nonprofit (CAN) Grant Program is designed to assist nonprofit arts and cultural organizations in creating or stabilizing cultural affairs programs that generate a positive impact on the community. For the purposes of this program, arts and cultural disciplines include music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, visual arts, programs of museums and local arts organizations, and other such allied, major art forms. Funding will be used for a) ongoing program support, and b) specific cultural projects. 2. Eligibility Criteria Ongoing Program Support Designed to support the ongoing program activities of an organization that is realizing its stated mission and furthering the city’s cultural objectives by conducting, creating, producing, presenting, staging, or sponsoring cultural exhibits, performances, educational programs, or events. Ongoing Program Support grants are for organizations that are continuing existing programs despite the COVID-19 pandemic or wish to bring a program back to pre-pandemic levels of effectiveness. Specific Cultural Projects Applications in this category include construction projects, one-time events, or art installations that will not have ongoing supporting costs outside of routine maintenance and/or utility costs. These grants are for organizational programs that are focused on placemaking efforts aimed at 5 | Page reinvigorating a sense of community in Clearwater and driving the city’s status as a destination for the arts. Organizations are not required to be based within the city of Clearwater, but the benefits of the program must be local as described further in the grant proposal application. All applicants must meet the eligibility requirements at the time of application. 3. Solicitation Process Applications will be made available through Neighborly4 cloud-based grant management system. Cultural Affairs Division of the Office of Innovation will promote the availability of funds through social media, direct mail and public notices, when applicable. 4. Administration The Cultural Affairs Division within the Office of Innovation will administer and monitor for compliance. Education Grants or Partnerships $750,000 1. Overview/Description These funds will be used to provide a grant to a nonprofit or government entity for programs that focus on educational opportunities targeting students who have fallen behind academically due to the pandemic. 2. Eligibility Criteria The funds will support activities that address and mitigate learning loss through evidence-based programs. Qualified nonprofit organizations and stakeholders with experience in providing educational programs must serve Clearwater residents or students who attend schools within Clearwater city limits. The funds may be used to implement new programming or to expand existing programming. Allowable activities include: • Afterschool and summer bridge programming • High-Impact Tutoring • Student readiness for successful transitions from pre-school to elementary school, elementary school to middle school, middle school to high school, and high school to workforce or postsecondary education • STEM enrichment programming Awardees will be required to produce online follow-up reports describing how the grants funds were used, on a quarterly basis or until the funds have been completely expended. 4 Neighborly by Benevate, Inc. 6 | Page 3. Solicitation Process Applications will be made available through the City Clerk Department through Neighborly, an online grant management program. The Department will promote the availability of funds via social media and public notice. Distribution of funds will be determined individually for each grant award. Eligible applications will be reviewed and scored by a panel of city employees. The panel meeting results are reported to the City Manager, who will make recommendations to City Council for approval. 4. Administration The City Clerk Department will administer and monitor for compliance. About American Rescue Plan Act Funds The ARPA allocation must be committed or contractually encumbered to projects and programs by the end of 2024. All money must be spent by December 31, 2026; any money unspent at that time must be returned to the federal government. Allowable uses of the funds include: • To respond to the pandemic or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. • For premium pay to eligible workers performing essential work during the pandemic. • For the provision of government services to the extent of the reduction in revenue because of the pandemic. • To make necessary investments in water, sewer, or broadband infrastructure. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan Act (ARPA), is delivering $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. ### I .. \.~RWAr f~} 1 ___ ARP __ A_Fun __ d_in_g_R_e_qa_e_s_t __ _ '; . ,o• o •or11S1••• " """' -,\). 01cEs. ou• •\) COVI0-19 expenditures or negative economic impacts of COVI0-19, including assistance to small businesses, households, and hard-hit industries, and economic recovery, Premium pay for essential workers, Investments in water, sewer, and broadband infrastructure. Relief and recovery from the pandemic for disadvantage communities. Mental Health & Wellness • Children Counseling • Adolescents Willa Carson • Young Adults Willa Carson • Adults • Seniors • Parenting & Family Support - Total Arts / Wellness • Bryan's Art/Mediation Work Readiness Youth Mentoring and Work Readiness $25,000 $60,000 $50,000 $30,000 s10,000 $25,000 $200,000 $50,000 $250,000 • 5 Week Summer African American Educational, Cultural and Sankof a Project • Financial Literacy Training • Career Exploration • Mentoring Programs Reduce Unemployment • Job Placement and Coaching • PTEC School-Work programs • SPC 2-4 Week Certificate Programs Education • Tutoring o Elementary School o Middle School o High School • Enhancement o After School programs o Food insecurities Preventing Recidivism - • Intake with recently released $100,000 $150,000 • Community outreach to identify individuals that need services • Temporary Housing • Employment assistance • Counseling • Job Coaching Affordable Housing - • Senior Assistant • Homeowners Repair • Property owner fa~ade improvements Technology • Computers • Training • Increase internet access Business & Economic Development • Business Service Organization • Mini Grants of $500-$1,000 • Grant writer • Business Development Assistance $200,000 S 50,000 $100,000 $50,000 $50,000 $300,000 Community Facility Improvement (Air Conditioning, Bathroom ADA upgrades, technology, etc) • Artz 4 life • Martin Luther King Center • Curtis Museum Mini Mall TOTAL $50,000 $50,000 $50,000 $500,000 $1,950,000 Revitalization of the MLK Business Corridor • 1105 Carlton Street Lots 15, 16 currently on the market City Owns Lots 17,18,19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1132 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: New City Hall - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 Performance Indicators Clearwater Dunedin Largo St. Petersburg Tampa-Hillsborough General Indicators Service Area Population 115,589 37,054 83,526 266,076 1,423,186 Number of Libraries 5 1 1 7 29 Total Square Feet in Library’s Facilities Systemwide 146,492 38,561 90,300 147,748 589,801 Total Expenditures Per Capita 64.07$ 67.86$ 46.43$ 32.09$ 34.09$ Access Indicators Total Annual Public Service Hours 10,125 2,376 4,097 14,070 32,446 Library Service Hours Per Typical Week 52 70 56 76 56 Total Annual Library Visits 280,927 197,635 293,995 525,978 1,021,060 Total Annual Circulation of Materials 694,440 415,191 637,854 781,242 2,437,763 Total Number of Registered Users 80,578 29,539 67,586 145,115 645,622 Staffing Indicators Total Paid FTE Library Staff 83.3 25.2 43.0 93.0 377.0Librarians with Master’s Degrees from ALA-Accredited Programs (FTE)40.8 11.2 9.0 27.0 119.0 Financial Indicators Total Operating Income 7,406,348.00$ 2,514,509.00$ 3,878,293.00$ 8,484,148.00$ 59,270,043.00$ Local Funds-Municipal 6,479,943.00$ 1,992,037.00$ 3,047,654.00$ 7,395,369.00$ -$ Local Funds-County 889,136.00$ 492,686.00$ 772,424.00$ 840,363.00$ 58,266,001.00$ State Funds -$ -$ -$ -$ 791,052.00$ Federal Funds -$ -$ -$ -$ 39,978.00$ Other Operating Income 37,269.00$ 29,786.00$ 58,215.00$ 248,416.00$ 173,012.00$ Total Operating Expenditures 7,406,347.00$ 2,514,509.00$ 3,878,292.00$ 8,537,730.00$ 48,521,921.00$ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1135 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Thrive by Five MOU - Vice Mayor Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into by and between member organizations of the Vision Council of Thrive by Five Network (“the parties”), working across Pinellas County, WHEREAS, according to the most recent report from the Florida Department of Education, in Pinellas County, only 60% of children are “ready” for kindergarten1; WHEREAS, eighty-five percent of brain growth occurs by the time a child is three and 90% by the time they are age five2; WHEREAS, early childhood education and positive early childhood experiences are essential for a child’s development of important skills such as self-discipline, persistence, and cooperation–skills that are essential to their future success2; WHEREAS, the US Chamber of Commerce reports that 50% of children that grow up in low-income households are already behind by the time they reach Kindergarten2, WHEREAS, racial, ethnic and income disparities disproportionality affect a young child’s ability to be “ready” for kindergarten; WHEREAS, young children who receive quality adult interaction and early learning in their first few years are also less likely to drop out of high school, 50% less likely to need special education, 70% less likely to be arrested for a violent crime, and 50% percent less likely to become teen parents2; WHEREAS, the foundation for all aspects of human development and many of the skills needed for 21st-century jobs is established in the earliest years2; WHEREAS, this critical work cannot be adequately addressed by one institution or organization alone but requires the collaborative efforts of all of those involved in supporting families and children ages birth to five from one early childhood developmental stage to the other in preparation for kindergarten; and WHEREAS, on behalf of the organizations they represent, the parties have formed a strong partnership alliance to collaborate on efforts to holistically prepare every child within Pinellas County for kindergarten, and to significantly enhance family and caregiver awareness of, access to, and utilization of wrap around services, beginning with prenatal to early learning programs required to support their young child’s kindergarten readiness; 1 Florida Department of Education (2022). Florida Kindergarten Readiness Screener Historical. Retrieved from https://www.fldoe.org/accountability/assessments/k-12-student-assessment/flkrs/ 2 Florida Chamber of Commerce (n.d.). Business Alliance of Early Learning. https://www.flchamber.com/business-alliance-for-early- learning/ MEMORANDUM OF UNDERSTANDING – page 2 NOW THEREFORE, in consideration of mutual covenants, agreements, terms, and conditions set forth herein, and other good and valuable considerations, sufficiency, and receipt of which hereby acknowledged, as one of the member organizations within the Vision Council of Thrive By Five agree as follows: 1. The parties commit their respective institutions to working collaboratively toward the following impact goal: To increase the percentage of children who enter kindergarten ready to be there by 90% by 20283. 2. The parties hereby agree to participate as full partner organizations in the Thrive by Five Network. 3. The parties understand that each participating organization shall have one equal vote in any voting matter, including the Community Foundation of Tampa Bay which will serve as the backbone and fiscal agent of the network. 4. The parties shall have representatives serve on the Leadership Council of the Thrive by Five Network and, in this capacity, a. make a tangible contribution to the sustainability of the Thrive by Five Network either through mitigating expenses from in-kind resources, cooperative grants, or providing funding directly; b. work collectively to gather, review and analyze quantitative and qualitative data on key indicators informing kindergarten readiness in Pinellas County; c. contribute to defining a specific set of community-wide outcome objectives tracked through shared metrics with the ultimate goal of achieving the impact goal by 2028; d. develop and oversee a coordinated strategic action plan to further the Common Agenda; e. commit their respective organizations to the Common Agenda, the strategic action plan and to working with partner organizations on meaningful use of data for improved community- wide insight into young children and caregiver success; f. communicate the successes of the network as appropriate and agreed upon; g. meet on a regular basis to guide and monitor progress. (SIGNATURE PAGE TO FOLLOW) 3 The Florida Chamber of Commerce’s goal is that 100% of Florida Kindergartners will be ready by 2030. Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Name Date Title, Organization Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1205 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: National Veterans Small Business Week Proclamation, October 31, 2022 through November 4, 2022 - Chris Odgers, Greater Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses, Legislative Affairs Chairman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1206 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: Veterans Day 2022 Proclamation - Father Bob Swick SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1109 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: Library Board Annual Presentation - Donna Dennis, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1096 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.4 SUBJECT/RECOMMENDATION: Environmental Advisory Board Annual Presentation - Sarah Kessler, EAB Liaison SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022 |1CITY OF CLEARWATER Ready For 100 Clearwater Resolution from Clearwater Environmental Advisory Board |2CITY OF CLEARWATER What is Ready for 100? •Transition to 100% Renewable, Zero-emission, Clean Energy electricity for City Operations by 2040 •Transition to 100% Renewable, Zero-emission, Clean Energy electricity Citywide by 2050 |3CITY OF CLEARWATER Why Ready for 100 Human- induced climate change is affecting life sustaining systems across the globe •Accelerating sea level rise •Effecting ecosystems and human security Clearwater is a coastal community •Front lines of the environmental, economic and public health impacts •Sea level rise, storm surge and rising temperatures |4CITY OF CLEARWATER Financial Considerations •The cost of renewable, zero-emission “clean” energy has fallen dramatically and is now cheaper than fossil fuels •The transition to Clean Energy is an enormous economic opportunity •Create jobs •Save taxpayer money •Provide improved air and water quality •Improve public health |5CITY OF CLEARWATER Synergy with Greenprint 2.0 Goals •Reduce the city’s GHG emissions 25% below 2007 levels by 2035 and; •Reduce the city’s GHG emissions 80% below 2007 emission levels by 2050. |6CITY OF CLEARWATER Who else is doing this? •St. Petersburg •Dunedin •Largo •Safety Harbor •Pinellas County Who has accomplished this (>70% renewable)? •Burlington Vermont •Eugene Oregon •Seattle Washington •Over 100 cities worldwide |7CITY OF CLEARWATER What do we need to do to get the city to 100? Focus on facilities •Cenergistic and energy conservation (20% reduction) •On-site renewable energy generation (generate 40% of current usage) •Duke CEC (off-site solar) program (generate 40% of current usage) |8CITY OF CLEARWATER What do we need to do for the community? •Increase energy efficiencies and on-site solar throughout the community •Education and campaigns – partner with Duke •Financing mechanisms •Partner with nonprofits like Solar United Neighbors and the Solar and Energy Loan Fund •Create city programs/grant opportunities for efficiency programs and residential solar Continue to work with Duke to achieve their carbon neutral by 2050 goals and advocate for 100% renewable energy utility by 2050 targets |9CITY OF CLEARWATER Estimated Municipal Financial Savings Municipal Solar •City solar feasibility study pending •Consultants are saying about $1M over 25-30 year time frame Duke CEC program - enrolled •Initial fee and credit on subscribed accounts •Break even at year 7 •Projected total payback of $4,688,618 after additional 25 years per Duke Energy |10CITY OF CLEARWATER Ready for 100 Goals: •2040 - 100% Clean Energy electricity for City Operations •2050 - 100% Clean Energy electricity for Citywide |11CITY OF CLEARWATER Ready For 100 Clearwater Resolution from Clearwater Environmental Advisory Board Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1154 Agenda Date: 10/31/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.5 SUBJECT/RECOMMENDATION: State of the City Presentation - Jon Jennings, City Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/26/2022