12/15/2022Thursday, December 15, 2022
6:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
City Council
Meeting Agenda
December 15, 2022City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through
written comment. The City has established the following two options:
1) eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. Comments received
during the meeting will become part of the official record, if posted prior to the closing of public
comment. The City Clerk will read received comments into the record.
2) Email – Individuals may submit written comments or videos to
ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the
meeting (December 14) will become part of the official record. The City Clerk will read received
comments into the record.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 December Service Awards
5. Approval of Minutes
5.1 Approve the minutes of the December 1, 2022 City Council Meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 12/14/2022
December 15, 2022City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 Approve the contract with Pinellas Community Foundation (PCF) in an amount
of $1,000,000 of ARPA funds for distribution to organizations to provide
services for housing and social service needs and authorize the appropriate
officials to execute same. (consent)
7.2 Approve a contract (purchase order) with Toole Design Group, LLC, in the
amount of $268,735 to develop a new parks and recreation master plan,
pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback
(Forward Pinellas Planning Consultants 20-01), and authorize the appropriate
officials to execute same. (consent)
7.3 Approve purchase orders to ErgoFlex Systems, Inc. dba Xybix Systems, Inc. of
Littleton, CO and Concept Seating Government, LLC of Brookfield, WI for the
purchase and installation of dispatch consoles and workstations, specialty
chairs, and new carpet at the Clearwater Police Department Communication
Center in the amount of $430,583.35, pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d),
Non-competitive purchases, and authorize the appropriate officials to execute
same. (consent)
7.4 Approve the final plat for Airport Drive Villages located at 514 Brandon Avenue.
(consent)
7.5 Authorize purchase orders to Bureau Veritas North America of St. Cloud, FL,
C.A.P. Government, Inc. of Coral Gables, FL, Joe Payne Inc. of Tampa, FL and
Quorum Services of Tampa, FL for code inspection and plan review services in
the cumulative not-to-exceed amount of $500,000.00, from January 1, 2023
through September 30, 2023, and a cumulative annual not-to-exceed amount of
$850,000.00 for the three one-year term extension renewals pursuant to
Invitation to Bid No. 02-23, Code Inspection and Plan Review Services, and
authorize the appropriate officials to execute same. (consent)
Page 3 City of Clearwater Printed on 12/14/2022
December 15, 2022City Council Meeting Agenda
7.6 Approve the acceptance of federal grant funds from Federal Emergency
Management Agency (FEMA), Florida Division of Emergency Management
(FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of
$462,000.00 in federal funds and approve a required local match of
$154,000.00 by the City to provide protection to eight lift stations in Clearwater,
FL. and authorize the appropriate officials to execute same. (consent)
7.7 Authorize purchase orders to Ferguson US Holdings, Inc. dba Ferguson
Enterprises LLC of Newbury, FL, Badger Meter Inc. of Milwaukee, WI and
Consolidated Pipe and Supply Company, Inc. of Birmingham, AL, for the supply
of potable and reclaimed water meters, in an annual not-to-exceed amount of
$428,685.00 with the option for two, one-year extensions pursuant to Invitation
to Bid 50-22, Potable and Reclaimed Water Meters, and authorize the
appropriate officials to execute same. (consent)
7.8 Authorize a purchase order to Chemtrade Chemicals US LLC of Parsippany,
NJ, for Liquid Aluminum Sulfate in an annual not-to-exceed amount of
$175,000.00 for the period of December 20, 2022 through December 19, 2023,
with the option for two, one-year renewals at the City’s discretion, pursuant to
Invitation to Bid 03-23, Liquid Aluminum Sulfate, and authorize the appropriate
officials to execute same. (consent)
7.9
Approve an amendment to that certain Service and Access Agreement and
Schedule D therein (now known as the Site License Agreement and formerly
known as the Tower Lease) dated June 2, 2002 (Agreement), between
L3Harris Corporation of Lynchburg, VA, (successor in interest to MA/COM) and
the City of Clearwater, providing for an additional three-month extension
through March 31, 2023, authorize the associated purchase order in a
not-to-exceed amount of $83,000.00, and authorize the appropriate officials to
execute same. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
Page 4 City of Clearwater Printed on 12/14/2022
December 15, 2022City Council Meeting Agenda
8.1 Approve of the City of Clearwater’s Fiscal Year 2021-2022 Consolidated Annual
Performance and Evaluation Report (CAPER). (APH)
9. Second Readings - Public Hearing
10. City Manager Reports
10.1 Establish a Ready for 100 goal in which the City aims to transition 100% of
electricity consumed in city operations to clean energy by 2040 and 100% of
electricity consumed citywide to clean energy by 2050 and adopt Resolution
22-22.
10.2 Approve a Venue License Agreement between the City of Clearwater and Ruth
Eckerd Hall to provide quality venue management services, ticketing services,
and food and beverage services at the waterfront amphitheater venue and
authorize the appropriate officials to execute same.
11. City Attorney Reports
12. Other Council Action
12.1 Discuss City Manager Salary.
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 5 City of Clearwater Printed on 12/14/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1251
Agenda Date: 12/15/2022 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
December Service Awards
SUMMARY:
5 Years of Service
Claudia Gonzalez Library
10 Years of Service
David Pearson Information Technology
Belinda Darcy Police
Brian Meade General Services
Justin Fletcher Public Utilities
Robert Starks Public Utilities
15 Years of Service
Gary Edwards Public Works
Miguel Tambucho Fire
Michael Quinzi Planning & Development
20 Years of Service
Daise Castillo Library
Nathan Burnside Police
Jacqueline Clemons Parks & Recreation
Sam Swinton Planning & Development
Anthony Mills Police
25 Years of Service
Philip Ruppel Public Utilities
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1251
30 Years of Service
James Atherholt Parks & Recreation
Page 2 City of Clearwater Printed on 12/14/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1303
Agenda Date: 12/15/2022 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the December 1, 2022 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/14/2022
City Council Meeting Minutes December 1, 2022
Page 1 City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, December 1, 2022
6:00 PM
Main Library - Council Chambers
City Council
Draft
City Council Meeting Minutes December 1, 2022
Page 2 City of Clearwater
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Michael Delk – Assistant City Manager, Jennifer Poirrier – Assistant
City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Draft
1. Call to Order – Mayor Hibbard
The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Andrew Gerns from St. John’s Episcopal Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 Jolley Trolley 40th Anniversary Proclamation, December 2022 - Mike Helmstetter, Jolley Trolley Transportation of Clearwater, Inc. CEO and Bruce Rector, Board Chair.
5. Approval of Minutes
5.1 Approve the minutes of the November 17, 2022 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
November 17, 2022 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Mark Birenbaum and Michael Dalton opposed the proposed charter Draft
City Council Meeting Minutes December 1, 2022
Page 3 City of Clearwater
school at Nursery Road.
Norm Bild provided an overview of the Wreaths Across America
ceremony and invited all interested parties to participate.
Bill Jonson said he appreciated the complete and thorough process of
the City Manager and City Attorney's public performance evaluation and
thanked Councilmember Bunker for including his evaluation of both
employees in the agenda item.
Dave Sillman supported the City adopting Ready for 100 initiatives.
Jasper Klein said Way 2 Got Rides, a hybrid transportation company
servicing the Clearwater beach area, is exploring expanding its service
area into Downtown Clearwater.
Mr. Holuba said the Clearwater Police Department is redundant and that
it was time to shave it off. 7. Consent Agenda – Approved as submitted.
7.1 Accept the 2022 Local Housing Incentive Strategy (LHIS) Report developed by the
Affordable Housing Advisory Committee (AHAC). (consent)
7.2 Authorize staff to negotiate a contract for the sale of real property to Habitat for
Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing Services,
Inc., as the recommended recipient for Request for Proposals and Qualifications
(RFP/Q) 3-22, for real property located at 1454 South Martin Luther King Jr. Avenue
and authorize the appropriate officials to execute same. (consent)
7.3 Approve an increase to purchase order to Central Florida Contractors, Inc. of
Seminole, Florida, for the 2021 Sidewalks project (20-0026-EN), in the amount of
$1,000,000 for year two, increasing the contract from $1,500,000 to $2,500,000 on a
unit price basis pursuant to Invitation to Bid (ITB) 20-0026-EN, and authorize the
appropriate officials to execute same. (consent)
7.4 Approve a Joint Project Agreement (JPA) with Pinellas County for the Reclaimed
Water Pipe Repair - Old Coachman Rd. project (17-0056-UT) in the amount of
$506,583.00; approve Supplemental Two Work Order to AECOM in the amount of
$6,897.00 increasing the work order from $75,378.00 to $82,275.00 pursuant to
Request for Qualifications (RFQ) 26-19, Engineer of Record (EOR) Consulting
Services, and authorize the appropriate officials to execute same. (consent)
7.5 Authorize an increase on purchase order to Shannon Chemical Corporation of
Malvern, PA, for Corrosion Control Chemical Poly/Ortho Blend, in the amount of
$30,000.00 increasing the annual not-to-exceed amount from $110,000.00 to
$140,000.00 through the term of the contract and authorize the appropriate officials to Draft
City Council Meeting Minutes December 1, 2022
Page 4 City of Clearwater
execute same. (consent)
7.6 Authorize a purchase order to Gardner Denver, Inc. of Charleroi, PA, for the purchase
of blower equipment, replacement parts, and service, in an annual not-to-exceed
amount of $225,000.00 for the period of December 2, 2022 through December 1,
2023 with the option of two, one-year renewals at an annual not-to-exceed amount of
$110,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d),
Non-competitive purchases (impractical), and authorize the appropriate officials to
execute the same. (consent)
7.7 Reappoint David C. Farrar to the Municipal Code Enforcement Board with a term to
expire October 31, 2025. (consent)
7.8 Reappoint Mark Parry to the Brownfields Advisory Board as the agency or government
representative to a full-term expiring November 30, 2026 and appoint Phillip
Kirkpatrick to the Brownfields Advisory Board as the agency or government
representative to fill the remainder of an unexpired term through June 30, 2024.
(consent)
7.9 Reappoint Sheila Sullivan to the Environmental Advisory Board with a term to expire
September 30, 2026. (consent)
Vice Mayor Beckman moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9591-22 on second reading, annexing certain real property whose
post office address is 3144 Johns Parkway, Clearwater, Florida 33759 into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 9591-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9591-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.2 Adopt Ordinance 9592-22 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property Draft
City Council Meeting Minutes December 1, 2022
Page 5 City of Clearwater
whose post office address is 3144 Johns Parkway, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9592-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9592-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.3 Adopt Ordinance 9593-22 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3144 Johns Parkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 9593-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9593-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.4 Adopt Ordinance 9602-22 on second reading, annexing certain real property whose
post office address is 1718 North Betty Lane, Clearwater, Florida 33755, together with
certain right-of-way of North Betty Lane, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9602-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9602-22 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.5 Adopt Ordinance 9603-22 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address is 1718 North Betty Lane, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Commercial General (CG) and Residential
Urban (RU).
Ordinance 9603-22 was presented and read by title only. Draft
City Council Meeting Minutes December 1, 2022
Page 6 City of Clearwater
Councilmember Bunker moved to adopt Ordinance 9603-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.6 Adopt Ordinance 9604-22 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1718 North Betty Lane,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Commercial (C) and Low Medium Density Residential (LMDR).
Ordinance 9604-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9604-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.7 Adopt Ordinance 9621-22 on second reading, annexing certain real property whose
post office address is 3047 Terrace View Lane, Clearwater, Florida 33759 into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 9621-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9621-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.8 Adopt Ordinance 9622-22 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address is 3047 Terrace View Lane, Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9622-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9622-22 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
Draft
City Council Meeting Minutes December 1, 2022
Page 7 City of Clearwater
8.9 Adopt Ordinance 9623-22 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3047 Terrace View Lane,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 9623-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9623-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.10 Adopt Ordinance 9624-22 on second reading, annexing certain real property whose
post office address is 1276 South Belcher Road, Clearwater, Florida 33764 into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 9624-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9624-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.11 Adopt Ordinance 9625-22 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address 1276 South Belcher Road, Clearwater, Florida 33764, upon
annexation into the City of Clearwater, as Residential Low (RL), Water/Drainage
Feature, and Preservation (P).
Ordinance 9625-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9625-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.12 Adopt Ordinance 9626-22 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1276 South Belcher
Road, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR) and Preservation (P).
Draft
City Council Meeting Minutes December 1, 2022
Page 8 City of Clearwater
Ordinance 9626-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9626-22 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.13 Adopt Ordinance 9630-22 on second reading, annexing certain real property whose
post office address is 1282 Palm Street, Clearwater, Florida 33755, together with
certain right-of-way of North Betty Lane, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9630-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9630-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.14 Adopt Ordinance 9631-22 on second reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real property
whose post office address is 1282 Palm Street, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9631-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9631-22 on second
and final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.15 Adopt Ordinance 9632-22 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1282 Palm Street,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 9632-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9632-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Draft
City Council Meeting Minutes December 1, 2022
Page 9 City of Clearwater
Councilmember Bunker and Councilmember Teixeira
8.16 Adopt Ordinance 9640-22 on second reading, amending Clearwater Code of
Ordinances Chapter 33 to regulate vessel operation within certain areas of Stevenson
Creek.
Ordinance 9640-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9640-22 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira 9. City Manager Reports
9.1 Establish a Ready for 100-goal in which the City aims to transition 100% of electricity
consumed in city operations to clean energy by 2040 and 100% of electricity
consumed citywide to clean energy by 2050 and adopt Resolution 22-22.
City staff and the Environmental Advisory Board recommend that a “Ready for
100” resolution be adopted by City Council. This resolution includes targets in
which the City would convert its electricity consumption to come from clean,
renewable energy sources both in its municipal operations and citywide.
Energy efficiency, on-site renewable energy, and utility-provided solar
programs are essential to the success of these “Ready for 100” goals.
Item 9.1 pulled by staff. No Action taken.
In response to questions, the City Clerk said the item was pulled from
the agenda because she understood the resolution would be amended;
the item will come back to Council. Assistant City Manager Michael Delk
said staff would like the opportunity to better define the pathway to achieve
renewable energy targets and initiatives outlined in the resolution and
clarify the questions raised during the work session.
9.2 Approve the Fiscal Year 22-23 through Fiscal year 24-25 Three-Year Local Housing
Assistance Plan for Pinellas County Housing Trust Fund and adopt Resolution 22-21.
To increase resources to address the shortage of affordable housing in
Pinellas County, the Board of County Commissioners authorized the
establishment of the Pinellas County Community Housing Trust Program with
the adoption of Resolution 05-237. The Program was created for the purpose Draft
City Council Meeting Minutes December 1, 2022
Page 10 City of Clearwater
of providing funds to promote homeownership and to expand the production
and preservation of rental and owner-housing affordable to very low-income,
low-income, and moderate-income households.
County Ordinance 06-28 was adopted establishing the Housing Trust Fund.
The Pinellas County Housing Finance Authority, on behalf of the Board,
oversees the administration of the trust fund.
Under the proposed three-year plan, the Housing Division of Economic
Development & Housing Department will expend $293,710 comprised of
program delivery and administration of funds as described below. These funds
are available from the existing cash balance and future program income and
will serve to further the City’s efforts in affordable housing. The program goals
and objectives are consistent with the Five-Year Consolidated Plan that was
approved by the City Council on July 16, 2020.
Each jurisdiction receiving or expending funds is required to submit an
application that includes a Local Housing Assistance Plan that proposes how
the jurisdiction will utilize the funds. The county and the cities are using State
Housing Initiatives Partnership (SHIP) program guidelines as a general
template for the use of funds. Per the county’s requirements, funds will be
leveraged at a minimum ratio of 2:1. Clearwater’s proposed use of funds for
each of the three main strategies and program administration are:
Produce new rental and owner housing
Preserve existing rental and owner housing
General Program Administration
Three individuals spoke in support and shared their experience with
homelessness and seeking assistance.
Resolution 22-21 was presented and read by title only.
Councilmember Bunker moved to Approve the Fiscal Year 22-23
through Fiscal year 24-25 Three-Year Local Housing Assistance
Plan for Pinellas County Housing Trust Fund and adopt Resolution
22-21. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
Draft
City Council Meeting Minutes December 1, 2022
Page 11 City of Clearwater
10. City Attorney Reports - None 11. Other Council Action
11.1 Discuss City Manager and City Attorney Salaries.
The performance evaluation discussions for the City Manager and City
Attorney were conducted by City Council at the November 16, 2022 council
meeting.
The council discussion concerning salary is conducted at the subsequent
meeting.
APPROPRIATION CODE AND AMOUNT:
For Fiscal Year 2022, a 4% increase has been budgeted, consistent with all
SAMP employees. Any increase above 3.5% would require a budget
amendment using an appropriation from general fund reserves.
Discussion regarding the City Manager's salary was continued to the
next meeting.
Discussion ensued with consensus to provide the City Attorney with an
8.5% increase effective immediately.
Councilmember Allbritton moved to provide the City Attorney an
8.5% salary increase effective immediately. The motion was duly
seconded and carried unanimously.
12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Teixeira said she attended a FIFA watch party and she welcomed the new hires at Clearwater Police Department. She said she
attended the Christmas tree lighting ceremony last night and looked forward
to more celebrations.
Councilmember Bunker said the voting precinct with the lowest amount of no votes for the Imagine Clearwater referendum was in area with a high
population of scientologists. He said David Miscavige needs to show action
before any deals are made.
Vice Mayor Beckman thanked the Rush family for coming to Council and speaking. She said environmental concerns and lack of affordable housing
should be priority. Draft
City Council Meeting Minutes December 1, 2022
Page 12 City of Clearwater
Councilmember Allbritton said it looked like bad weather was going to move
in on the tree lighting ceremony in downtown, but the weather was nice, and
Cleveland St. was filled with people. He said to be nice to people and think
of those that are less fortunate and December is a month of giving.
13. Closing Comments by Mayor
Mayor Hibbard said he was thankful for city employees and hoped people
slow down this holiday season. 14. Adjourn
The meeting adjourned at 7:05 p.m.
Mayor City of Clearwater Attest City Clerk Draft
INDIVIDUAL SPEAKER
Citizen Comment Card
Name: /`'1PrR iI%Z-EN&r,-\
Address: I q e aT
City: at-e't11LW'h E__ zip. 33 7 (-1-
Telephone Telephone Number:
Email Address: \&.E 2 BZ )'A1/oo,
Speaking under citizens to be heard re
items not on the agenda? [f
Agenda item(s) to which you wish to speak. SAyfr(C U
0(46C -
Ka -Arco arae, V,2,MrJP Z 1.03
What is your position on the item? For Agains
Hello Mayor Hibbard and Council -members December 15, 2022
My Name is Mark Birenbaum
March 17, 2022, plat notice to split 2465 Nursery Road of Sep 21, 2021, was found
with technical errors. Sending out a second notice 3/21/22 and mailing to 60
residents did not solve the legal matter since the 2nd plat never came before the city
Council.
Show 2) Plat Notice 9-22-2021 and 3-21-2022
Both plats "state" Institutional Level One and specify Flexible Standard
Development." See red (circles)
Show) Section 2-1203 "Flexible Standard Development." The categories listed
in this chart only show two groups (1) Educational Facilities, (2) Places of
Worship. Schools are NOT listed in the categories under Flexible Standard
Development for for instructional "I" district just Churches.
Show) Section 2-1202. Minimum Standard Development. Permitted uses Level
One in the Institutional "I" District. lists three groups: (1) Educational Facilities,
2) Places of Worship, and (3) Schools. This is correct section.
Show) Section 4-302 Application/approval by community development coordinator
specifies and states limitations on size of square feet
A. Level One approval (minimum development standards).
2.C.1."The building or tenant space, as applicable, is Tess than 5,000 sq ft"
Existing Building for School #1 space is 20,570 sq ft
New building for School # 2 space is 17,463 sq ft
Everyone should see the problem of the plat notices. The size of the buildings are
to large per code. The school size is more than 5000 sq ft space according to
Clearwater Code even using Minimum Standards.
All permits for this school should be stopped now.
By using Nursery Road the school will adversely impact the neighborhoods
due to noise and increase in traffic of vehicles according to INSTITUTIONAL
DISTRICT ("I") Section 2-1201. 277
The intent and purpose is to establish areas where public and private
organizations can establish and operate institutions with a public interest in
support of the quality of life of the citizens of the City of Clearwater without
adversely impacting the integrity of adjacent residential neighborhoods, by
diminishing the scenic quality of the City of Clearwater or negatively impacting
the safe and efficient movement of people and things within the City of
Clearwater. 350
CITY OF CLEARWATER
PLANNING & DEvaLOP Nr Dasasrarewr
Posr OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 S. MYRTLE AVENUE
TELEPHONE (727) 562-4567
September 22, 202
RE: NOTICE OF VEL O t RELIMINARY PLAT APPLICATION AT 2465 NURSERY ROAD (PLT2021-08005)
To Surrounding Property Owners:
On October 7, 2021, the Development Review Committee (DRC) (comprised of the City's professional staff) will meet with
the applicant for the following proposal to determine whether the above referenced application demonstrates compliance
with the City's Community Development Code. While this is a public meeting it is not a public hearing.
Application Information/Proposal
Address: 2465 Nursery Road
Request: ' ' r t9+ Fr a -lot subdivision for a proposed place ofworship use and school use within the
stitu one (I) Di, tfSr the property located at 2465 Nursery Road pursuant to Community
Development Code Article 4, Division 7, Subdivisions/Plats.
Applicant(s): Christopher McNeal, McNeal Engineering, Inc., 15957 N. Florida Avetaue, Lutz, FL; Email:
geomatics@mcnealengineering.com
Cue Number: PLT2021-08005
Assigned Planner: Melissa Hauck -Baker, AICP, (727) 562-4567 x-2855, melissalauckbaker@snyclearwater.com
Development Review Committee (DRC) Meeting Information
Date: October 7, 2021
Time: See agenda for specific time for the case.
Location: Municipal Services Building, Room 130, 100 S. Myrtle Avenue, Clearwater
Agenda: Online at https://www.atyclearwater.com/DRC
How to Participate
View Application: Available online at htgn://evermit.myclearwater.com (search by case number).
Contact Planner: Submit written comments or other competent substantial evidence to be considered in the review of
the application (information on appeals below)
Please note the applicant may submit additional or new information
will be provided to you should the application be amended. Appeals of Flexible Sr .Tiopmlication may be
initiated by the applicant or any property owner within the required non..I.rpresented competent substantial
evidence as part of the review. The appeal must be filed within seven davi of the date the Development Order is issued. The
filing of an application/notice ofappeal shall stay the effect ofthe decision pending the final determination ofthe case.
Thank you for your interest in the City of Clearwater's development review process.
Respectfully,
Melissa Hauck-
1:00—
Baker, AICP
Senior Planner
Planning and Development Department
Marcie 21, 20
RE
CITY OF CLEARWATERPLANNING & DEvaoPMENT DEea,rnrENT
Paw Ormrcs Box 4748, aminrunat, F lain , 33758-4748
MUNtCm , SERVICES WILDING, 100 Sovnt MITRE AVENUE, C1EVtrFATer, ROMA 33756Tr1PefONE (727) 562-4567
NOTICE OF PLATTING PLICATION AT 2465 NURSERY RD (PLT2021-08005ti
To Surrounding Property Owners:
On April 1, 2022, the Development Review Committee (DRC) (comprised of the City's professionalstaff) will meet with the applicant for the following proposal to determine whether the above referencedapplicationdemonstratescompliancewiththeCity's Community Development Code. While this Is apublicmeeting, It Is not a public hearing,
Applicant Information / Proposal:
Address: 2465 NURSERY RD
Request The Development Review Committee (DRG! !^ e r=etv'n. an a• .lication for aPreliminaryPlatfora2 -tot subdivision for _
expansion of an existing school use in the a 465NurseryRoadpursuanttoCommunityDeve • on 7, Subdivisions/Plats.
Applicant(s): CHRISTOPHER MCNEAL
15957 NORTH FLORIDA AVE, LUTZ, FL 33549
geomatics@mcnealengineering.com
Case Number: PLT2021-08005
Assigned Planner: Ellen Crandall, 727-562-4836, ellen.crandaA@jnyclearwater.com E,L'- S3 G.
Development Review Commettee (DRC) Meeting Information:
Meeting Date: 04/01/2022 at 1:00 P11
Time: See agenda for specific time for the case.
Location: Municipal Services Building, Rm. 130, 100 S. Myrtle Ave., Clearwater.
Agenda: Online at: https://www.mycleanvater.com/DRC
How to Participate
View Application: Available online at: epermit.myclearwater.com (Search by Case Number).
Contact Planner: Submit written comments or other competent substantial evidence to be
considered In the review of the application (information on appeals below)
Please note that the applicant may submit additional or new informaton regarding this application;
provided to you should the application be amended. A
cation may be initiated by the applicant or any
ppeals of a
property owner
rea who presented competent substantial evidence as part of the review.
filed within seven days of the date the Development Order is issued. The fifing of9napplication/notice of appeal shah stay the effect of the decision pending the final determination of thease.
ors t
itJ Atonal (t) UI$ui Ioca
nd
3/21/2022
S:n...a Anna. raoa.a,....am. A ................ A L........,—..s
Leer Of_NoSila.ln_PbCCd1E
are Level One permitted uses in the Institutional District
Section 2-1203.Flexible standard development.
The following uses
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Lot
Area
sq. ft.)
Min. Lot
Width
ft.)
Min. Setbacks
ft.)
Max. Height
ft.)
Min.
Off -Street
Parking
Front Side Rear
Accessor Dwellings n/a n/a n/a n/a n/a n/a 1/unit
port - n/a n/a n/a n/a n/a n/a n/a
Educational Facilities 40,000 200 15— 10 15— 50 0.5-1 per 2
4,4.,..... 25 20 students
Funeral -kb -MT 15,000— 100 15— 10 15— 50 0.25 per seat
20,000 25 20
Halfway Houses 10,000 100 15— 10 15— 30 1 per 2
25 20 residents
Hospitals 1-5 acres 100-250 15— 10— 15— 50 1-2/bed
25 25 25
Medical Clinic 10,000 100 15— 10 15— 50 5/1000 SF
25 20
Museums 20,000 100 15— 0-10 15— 50 1-3 per 1,000
25 20 SF GFA
Parkin Gara es and Lots 20,000 100 15— 10 15— 50 n/a
25 20
Places of Worship 20,000 100 15— 10 15— 50 0.5-1 per 2
25 20 seats
P a Ica Campus Based upon approved Planned Medical Campus
Project
Public Transportation n/a n/a n/a n/a n/a 10 n/a
Facilities
Residential Shelters 10,000 100 15— 10 15— 30 1 per 2
25 20 residents
Retail Sales and Service 10,000 100 15— 10 15— 50 5 per 1,000 SF
25 20 GFA
Utility/Infrastructure n/a n/a 15— 10 15— n/a n/a
Facilities(1) 25 20
Assisted Living Facilities 15,000— 100 25 5-10 10-20 50 1 per 2
20,000 residents
Nursing Homes 15,000— 100 25 5-10 15— 50 1 per 2
20,000 20 residents
Social and Community 20,000 100 15— 10 15— 50 5 per 1,000 GFA
Centers 25 20
Congregate Care 20,000 100 25 5-10 10— 50 1 per 2
20 residents
i
Section 2-1202. Minimum standard development.
The following uses are Level One permitted uses in the Institutional "I" District
subject to the minimum standards set out in this Section and other applicable
provisions of Article 3.
Table 2-1202. "I" District Minimum Standard Development
Use Min. Lot
Area
sq. ft.)
Min. Lot
Width
ft.)
Min. Setbacks
ft.)
Max.
Height
ft.)
Min.
Off -Street
Parking
Front Side Rear
Assisted Living Facilities 20,000 100 25 10 20 50 1 per 2 residents
Cemeteries 20,000 100 25 10 20 50 n/a
Community Gardens n/a n/a 15 5 5 n/a n/a
ecolaiagregate a 20,000 100 25 10 20 50 1 per 2 residents
Educational Facilities 40,000 200 25 10 20 50 1 per 2 students
20,000 100 25 10 20 50 0.25 per seat
Governmental Uses 20,000 100 25 10 20 50 4 per 1,000 SF GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
Medical Clinic 10,000 100 25 10 20 50 5 per 1,000 SF GFA
Museums 20,000 100 25 10 20 50 3 per 1,000 SF GFA
20,000 100 25 10 20 50 1 per 2 residents
Places of Worship 20,000 100 25 10 20 50 1 per 2 seats
n/a n/a 25 10 20 50 1 per 20,000 SF land area
or as determined by the
community development
coordinator based on ITE
Manual standards
Tars dIlia-M - . .n
Facilities
r
Schools 40,000 200 25 10 20 50 1 per 3 students
Telecommuni
Towers
10,000 100 25 10 20 Refer
to
Section
3-2001
n/a
Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 28, 5-2-02; Ord. No. 7631-06, § 11, 11-2-06;
Ord. No. 8654-15, § 14, 2-5-15; Ord. No. 8810-16, § 10, 1-21-16; Ord. No. 8988-17, § 8, 2-2-17
The building or tenant space, as applicable, is less than 5,000 sq ft
Section 4-302 Application/approval by community development coordinator.
A. Level One approval (minimum development standards).
1. An applicant for a Level One approval (minimum development standards) shall
submit an application in accordance with the requirements of Sections 4-202.A
and F to the community development coordinator who shall review the
application in accordance with the requirements of Sections 4-202.0 and D and
determine whether the application demonstrates compliance with the
requirements of this Development Code. Within 15 working days of a
determination of sufficiency, the community development coordinator shall
approve the application, deny the application or approve with conditions
necessary to make the proposed development conforming with the applicable
general and specific requirements set out in Articles 2 and 3 including the
provisions of Section 3-914 in regard to general standards for approval
conditions.
c. If there is a difference in the established development standards between an
existing use and a proposed use that is permissible as a minimum standard
use in the zoning district of the subject property and the proposed use would
have a greater impact, but still meet the parameters established below, then
the change of use may be processed as a Level One (minimum standard)
approval even if the structures and/or properties involved are nonconforming
with regard to said development standards, provided the site is brought into
compliance to the greatest extent practicable with the parking and landscape
standards set forth in Article 3.
2.C.1."
Existing school Building #1 space is planned for 20,570 sq ft
New school building # 2 space for 17,463 sq ft
Does the city councilmembers understand that the wrong code was specified
in both plat notice both times, and the size of the two buildings are too large
according to code evening using Minimum Standards
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1293
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve the contract with Pinellas Community Foundation (PCF) in an amount of $1,000,000 of
ARPA funds for distribution to organizations to provide services for housing and social service
needs and authorize the appropriate officials to execute same. (consent)
SUMMARY:
A total of $22,483,893 of ARPA Local Fiscal Recovery Funds has been received in two equal
tranches on May 19, 2021, and June 6, 2022. On August 4, 2022, Council authorized staff to
allocate the full (100%) amount to fiscal 2022 General Fund government operations as
“revenue recovery” per the Department of Treasury final rule. Council also approved an
offsetting dollar amount of allocations to general budget categories to fund a range of projects,
programs, and activities including $1,000,000 to be distributed by the Pinellas Community
Foundation.
On August 4, 2022, City Council authorized $1,000,000 to be transferred to the Pinellas
Community Foundation (PCF) for distribution to organizations that provide emergency support
for individuals and families that live in Clearwater who have housing and social service needs.
PCF will begin by putting out a call for letters of interest (LOIs) from qualifying organizations.
PCF will provide feedback to organizations having submitted LOIs and will proceed with a call
for applications. Successful applicants will be selected based on the level of potential positive
impact to Clearwater residents. PCF will receive an administrative fee of ten percent of funds
expended.
PCF will be required to submit monthly reports to the city’s Housing Division. Reports shall
include all financial transactions during the report period, beneficiary data for all programs
funded with Clearwater ARPA funds and metrics measuring the success of each funded
program.
APPROPRIATION CODE AND AMOUNT:
Funding for grants associated with affordable housing are available in special program G2212,
ARPA Affordable Housing. Funding for the Pinellas Community Foundation is available in
special program G2215, ARPA Pinellas Community Foundation.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/14/2022
City of Clearwater ARPA Services Agreement Page 1 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
SERVICES AGREEMENT
THIS SERVICES AGREEMENT is made as of this ___ day of ____________, 2022 (effective
date). By and between the City of Clearwater, a political subdivision of the State of Florida (“City”), and Pinellas Community Foundation, Clearwater, FL, a public charitable foundation established by Trust Agreement Dated January 1, 1969, as may have been amended from time to time, whose address is 17755 US Highway 19 North, Suite 150, Clearwater Florida 33764, hereinafter called the (“Contractor”),
(individually, “Party,” collectively, “Parties”). W I T N E S S E T H: WHEREAS, a total of $22,483,893 of American Rescue Plan Act (ARPA) Local Fiscal Recovery Funds has been received by the City in two equal tranches on May 19, 2021 and June 6, 2022; and WHEREAS, Pinellas County procured a non-competitive contract with the Contractor pursuant to 2 CFR 200.320(C)(5) to administer ARPA grant funding to organizations for ARPA Nonprofit Capital
Project Fund services; and WHEREAS, the City recognizes the Contractor has unique expertise in designing and administering grants and is an appropriate subrecipient of the City’s allocation of ARPA funds; and WHEREAS, on November 3, 2020, Clearwater City Council authorized $1,000,000 of its ARPA allocation to be administered by Contractor to distribute funding to organizations capable of delivering emergency services to Clearwater residents in need of housing and social service needs; and WHEREAS, Contractor represents that it has the experience and expertise to perform the Services as set forth in this Agreement. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements, terms, and conditions herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. Definitions. a. “Agreement” means this Agreement, including all Exhibits, which are expressly incorporated herein by reference, and any amendments thereto. b. “City Confidential Information” means any City information deemed confidential and/or exempt from Section 119.07, Florida Statutes, and Section 24(a), Article 1 of the Florida Constitution, or other applicable law, including, but not limited to data or information designated in writing by the City as City Confidential Information. c. “Contractor Confidential Information” means any Contractor information that is designated as confidential and/or exempt by Florida’s public records law, including information that constitutes a trade secret pursuant to Chapter 688, Florida Statutes, and is designated in this Agreement or in writing as a trade secret by Contractor (unless otherwise determined to be a public record by applicable Florida law). Notwithstanding
the foregoing, Contractor Confidential Information does not include information that: (i) becomes public other than as a result of a disclosure by the City in breach of the Agreement; (ii) becomes available to the City on a non-confidential basis from a source other than Contractor, which is not prohibited from disclosing such information by obligation to Contractor; (iii) is known by the City prior to its receipt from Contractor without any obligation or confidentiality with respect thereto; or (iv) is developed by the
City independently of any disclosures made by Contractor. d. “Contractor Personnel” means all employees of Contractor, and all employees of subcontractors of Contractor, including, but not limited to temporary and/or leased employees, who are providing the Services at any time during the Agreement term.
City of Clearwater ARPA Services Agreement Page 2 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
e. “Services” means the work, duties and obligations to be carried out and performed safely by Contractor under this Agreement, as described throughout this Agreement and as specifically described in the Scope of Work Exhibit attached hereto and incorporated herein by reference. As used in this Agreement, Services shall include any component task, subtask, service, or function inherent, necessary, or a customary part of the Services, but not specifically described in this Agreement, and shall include the provision
of all standard day-to-day administrative, overhead, and internal expenses, including costs of bonds and insurance as required herein, labor, materials, equipment, safety equipment, products, office supplies, consumables, tools, postage, computer hardware/software, telephone charges, copier usage, fax charges, travel, lodging, and per diem and all other costs required to perform Services except as otherwise specifically provided in this Agreement.
2. Execution of Agreement The execution of this Agreement is expressly limited by the Terms and Conditions herein. City and the Contractor are not bound by additional provisions or provisions at variance herewith that
may appear in the Contractor’s quotation/estimate/scope of work or any other such related documents, acknowledgement in force, or any other communication from Contractor to or from
City unless such provision is expressly set forth herein. 3. Conditions Precedent This Agreement, and the Parties’ rights and obligations herein, are contingent upon and subject
to the Contractor securing and/or providing the performance security, if required in Section 3, and the insurance coverage(s) required in Section 15, within 10 days of the Effective Date. No
Services shall be performed by the Contractor and the City shall not incur any obligations of any type until Contractor satisfies these conditions. Unless waived in writing by the City, in the event the Contractor fails to satisfy the conditions precedent within the time required herein, the Agreement shall be deemed not to have been entered into and shall be null and void.
4. Services
a. Services - The City retains Contractor, and Contractor agrees to provide the Services. All Services shall be performed to the satisfaction of the City and shall be subject to the provisions and terms contained herein and the Exhibits attached hereto. b. Services Requiring Prior Approval - Contractor shall not commence work on any Services
requiring prior written authorization in the Scope of Work without approval from the City’s Economic Development and Housing Department Director/Designee.
c. Additional Services - From the Effective Date and for the duration of the project, the City may elect to have Contractor perform Services that are not specifically described in the Scope of Work attached hereto but are related to the Services (“Additional Services”), in which event Contractor shall perform such Additional Services for the compensation
specified in the Statement of Work attached hereto. Contractor shall commence performing the applicable Additional Services promptly upon receipt of written approval as provided herein. d. De-scoping of Services - The City reserves the right, in its sole discretion, to de-scope Services upon written notification to the Contractor by the City. Upon issuance and receipt of the notification, the Contractor and the City shall enter into a written
amendment reducing the appropriate Services Fee for the impacted Services by a sum equal to the amount associated with the de-scoped Services as defined in the payment schedule in this Agreement, if applicable, or as determined by mutual written consent of both Parties based upon the scope of work performed prior to issuance of notification.
e. Independent Contractor Status and Compliance with the Immigration Reform and Control Act - Contractor is and shall remain an independent contractor and is neither agent,
employee, partner, nor joint venturer of City. Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et seq, and regulations relating thereto, as either may
City of Clearwater ARPA Services Agreement Page 3 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement. f. Non-Exclusive Services - Award of this Agreement imposes no obligation on the City to utilize the Contractor for all goods and/or services of this type, which may develop during the agreement period. This is a non-exclusive Agreement. During the term of this Agreement, and any extensions thereof, the City reserves the right to contract for another
provider for similar goods and/or services as it determines necessary in its sole discretion. g. Project Monitoring - During the term of the Agreement, Contractor shall cooperate with the City, either directly or through its representatives, in monitoring Contractor’s progress and performance of this Agreement. 5. Term of Agreement a) Initial Term - The term of this Agreement shall commence on the Effective Date and shall remain in full force through December 31, 2026, or until termination of the Agreement, whichever occurs first.
b) Term Extension - The Parties may extend the term of this Agreement for one (1) additional twelve (12) month period(s) pursuant to the same terms, conditions, and
pricing set forth in the Agreement by mutually executing an amendment to this Agreement, as provided herein. 6. Compensation and Method of Payment
a) Services Fee - As total compensation for the Services, the City shall pay the Contractor
the sums as provided in this Section (“Services Fee”), pursuant to the terms and
conditions as provided in this Agreement. It is acknowledged and agreed by Contractor that this compensation constitutes a limitation upon City's obligation to compensate Contractor for such Services required by this Agreement but does not constitute a limitation upon Contractor's obligation to perform all of the Services required by this
Agreement. In no event will the Services Fee paid exceed the not-to-exceed sums set out in subsections below, unless the Parties agree to increase this sum by written
amendment as authorized in the Amendment Section of this Agreement. b) Spending Cap and Payment Structure - The City agrees to pay the Contractor a total not-to-exceed sum of $1,000,000.00, for Services completed and accepted as provided in Section 15 herein if applicable, payable on a reimbursement basis as described in Exhibit
C. c) Travel Expenses - The Services Fee includes all travel, lodging and per diem expenses
incurred by Contractor in performing the Services. d) Taxes - Contractor acknowledges that the City is not subject to any state or federal sales, use, transportation, and certain excise taxes. e) Payments and Invoicing - Contractor shall submit proof of payment of all invoices for
payments paid as provided herein and authorized expenses incurred with such documentation as required by City. Proof of payment shall be submitted to City as provided in Exhibit D attached hereto. 7. Personnel a) Qualified Personnel - Contractor agrees that each person performing Services in
connection with this Agreement shall have the qualifications and shall fulfill the
requirements set forth in this Agreement.
b) Approval and Replacement of Personnel - The City shall have the right to approve all Contractor Personnel assigned to provide the Services, which approval shall not be unreasonably withheld. Prior to commencing the Services, the Contractor shall provide at least ten (10) days written notice of the names and qualifications of the Contractor Personnel assigned to perform Services pursuant to the Agreement. Thereafter, during the term of this Agreement, the Contractor shall promptly, and as required by the City, provide written notice of the names and qualifications of any additional Contractor Personnel assigned to perform Services. The City, on a reasonable basis, shall have the
City of Clearwater ARPA Services Agreement Page 4 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
right to require the removal and replacement of any of the Contractor Personnel performing Services, at any time during the term of the Agreement. The City will notify Contractor in writing in the event the City requires such action. Contractor shall accomplish any such removal within forty-eight (48) hours after receipt of notice from the City and shall promptly replace such person with another person, acceptable to the City, with sufficient knowledge and expertise to perform the Services assigned to such
individual in accordance with this Agreement. In situations where individual Contractor Personnel are prohibited by applicable law from providing Services, removal and replacement of such Contractor Personnel shall be immediate and not subject to such forty-eight (48) hour replacement timeframe and the provisions of the Termination Section of this Agreement shall apply if minimum required staffing is not maintained. 8. Termination
A. Contractor Default Provisions and Remedies of City
1. Events of Default - Any of the following shall constitute a “Contractor Event of
Default” hereunder:
i. Contractor fails to maintain the staffing necessary to perform the Services as required in the Agreement, fails to perform the Services as specified in the Agreement, or fails to complete the Services within the completion dates as specified in the
Agreement;
ii. Contractor breaches Confidential Information Section of this Agreement;
iii. Contractor fails to gain acceptance of goods and/or services deliverable, for 2 consecutive iterations; or
iv. Contractor fails to perform or observe any of the other material provisions of this Agreement.
2. Cure Provisions - Upon the occurrence of a Contractor Event of Default as
set out above, the City shall provide written notice of such Contractor
Event of Default to Contractor (“Notice to Cure”), and Contractor shall have 30 calendar days after the date of a Notice to Cure to correct, cure, and/or remedy the Contractor Event of Default described in the written notice.
3. Termination for Cause by the City - In the event that Contractor fails to cure a Contractor Event of Default as authorized herein, or upon the
occurrence of a Contractor Event of Default as specified in Termination –
Contractor Default Provisions and Remedies of City – Events of Default
Section of this Agreement, the City may terminate this Agreement in whole
or in part, effective upon receipt by Contractor of written notice of
termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the City.
B. City Default Provisions and Remedies of Contractor
1. Events of Default - Any of the following shall constitute a “City Event of Default” hereunder: i. the City f ails to make timely undisputed payments as described in this Agreement;
ii. the City breaches Confidential Information Section of this Agreement; or
iii. the City f ails to perform any of the other material provisions of this Agreement.
2. Cure Provisions - Upon the occurrence of a City Event of Default as set
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out above, Contractor shall provide written notice of such City Event of
Default to the City (“Notice to Cure”), and the City shall have thirty (30)
calendar days after the date of a Notice to Cure to correct, cure, and/or
remedy the City Event of Default described in the written notice.
3. Termination for Cause by Contractor - In the event the City fails to cure a
City Event of Default as authorized herein, Contractor may terminate this
Agreement in whole or in part effective on receipt by the City of written
notice of termination pursuant to this provision and may pursue such
remedies at law or in equity as may be available to the Contractor.
C. Termination for Convenience
1. Notwithstanding any other provision herein, the City or Contractor may terminate this Agreement, without cause, by giving 30 days advance written notice to the other of its election to terminate this Agreement pursuant to this provision. If the Contractor elects to terminate the Agreement in the first six months of the Agreement, the Contractor must provide 60 days’ notice and the Contractor agrees to refund to the City any funds paid to the Contractor by the City but earned or expended by the Contractor under the terms herein. 9. Time is of the Essence Time is of the essence with respect to all provisions of this Agreement that specify a time for performance, including the Services as described in the Exhibits attached hereto; provided,
however, that the foregoing shall not be construed to limit a Party’s cure period allowed in the Agreement.
10. Confidential Information and Public Records
A. City Confidential Information - Contractor shall not disclose to any third-party City Confidential Information that Contractor, through its Contractor Personnel, has access to or has received from the City pursuant to its performance of Services
pursuant to the Agreement, unless approved in writing by the City’s Economic
Development and Housing Department Director/designee. All such City Confidential
Information will be held in trust and confidence from the date of disclosure by the
City, and discussions involving such City Confidential Information shall be limited to
Contractor Personnel as is necessary to complete the Services.
B. Contractor Confidential Information - All Contractor Confidential Information received
by the City from Contractor will be held in trust and confidence from the date of
disclosure by Contractor and discussions involving such Contractor Confidential
Information shall be limited to the members of the City’s staff and the City’s
subcontractors who require such information in the performance of this Agreement. The City acknowledges and agrees to respect the copyrights, registrations, trade secrets and other proprietary rights of Contractor in the Contractor Confidential Information during and after the term of the Agreement and shall at all times maintain the confidentiality of the Contractor Confidential Information provided to the City,
subject to federal law and the laws of the State of Florida related to public records
disclosure. Contractor shall be solely responsible for taking any and all action it
deems necessary to protect its Contractor Confidential Information except as
provided herein. Contractor acknowledges that the City is subject to public records
legislation, including but not limited to Chapter 119, Florida Statutes, and the Florida
Rules of Judicial Administration, and that any of the City’s obligations under this
Section may be superseded by its obligations under any requirements of said laws.
C. Public Records - Contractor acknowledges that information and data it manages as
part of the services may be public records in accordance with Chapter 119, Florida
Statutes and the City’s public records policies. Contractor agrees that prior to
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providing services it will implement policies and procedures to maintain, produce,
secure, and retain public records in accordance with applicable laws, regulations,
and City policies, including but not limited to the Section 119.0701, Florida Statutes.
Notwithstanding any other provision of this Agreement relating to compensation,
the Contractor agrees to charge the City, and/or any third parties requesting public
records only such fees allowed by Section 119.07, Florida Statutes, and City policy
for locating and producing public records during the term of this Agreement.
D. Upon completion of the contract, the Contractor must transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible
with the information technology systems of the City. E. 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 City
Clerk’s Office at 727-562-4092, 600 Cleveland Street, 6th Floor, Clearwater, FL 33755.
11. Audit
Contractor shall retain all records relating to this Agreement for a period of at least 5 years after final payment is made. All records shall be kept in such a way as will permit their inspection
pursuant to Chapter 119, Florida Statutes. In addition, City reserves the right to examine and/or audit such records.
12. Compliance with Laws
Contractor shall comply with all applicable federal, state, county and local laws,
ordinances, rules and regulations in the performance of its obligations under this
Agreement, including the procurement of permits and certificates where required, and
including but not limited to laws related to Workers Compensation, Americans with
Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Minority Business
Enterprise (MBE), occupational safety and health and the environment, equal
employment opportunity, privacy of medical records and information, as applicable.
Failure to comply with any of the above provisions shall be considered a material breach
of the Agreement.
13. Public Entities Crimes
Contractor is directed to the Florida Public Entities Crime Act, Section 287.133, Florida
Statutes, as well as Florida Statute 287.135 regarding Scrutinized Companies, and
represents to City that Contractor is qualified to transact business with public entities in
Florida, and to enter into and fully perform this Agreement subject to the provisions
stated therein. Failure to comply with any of the above provisions shall be considered a
material breach of the Agreement.
14. Liability and Insurance
A. Insurance - Contractor shall comply with the insurance requirements set out in the Insurance Exhibit, attached hereto, and incorporated herein by reference. B. Indemnification - Contractor agrees to indemnify, pay the cost of defense, including
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attorney’s fees, and hold harmless the City, its officers, employees and agents from
all damages, suits, actions or claims, including reasonable attorney’s fees incurred
by the City, of any character brought on account of any injuries or damages
received or sustained by any person, persons, or property, which in any way relate
to this Agreement; or on account of any act or omission, neglect or misconduct of Contractor; or by, or on account of, any claim or amounts recovered under the
Workers’ Compensation Law, related to this Agreement; or of any other laws,
regulations, ordinance, order or decree; or arising from or by reason of any actual or
claimed trademark, patent or copyright infringement or litigation based thereon; or
for any violation of requirements of the Americans with Disabilities Act of 1990, as
may be amended, and all rules and regulations issued pursuant thereto (collectively
the “ADA”), related to this Agreement, except when such injury, damage, or violation
was caused by the sole negligence of the City.
C. Liability - Neither the City nor Contractor shall make any express or implied
agreements, guaranties or representations, or incur any debt, in the name of or on
behalf of the other Party. Neither the City nor Contractor shall be obligated by or
have any liability under any agreements or representations made by the other that
are not expressly authorized hereunder. The City shall have no liability or obligation for any damages to any person or property directly or indirectly arising out of the
operation by Contractor of its business, whether caused by Contractor’s negligence or willful action or failure to act.
D. Contractor’s Taxes - The City will have no liability for any sales, service, value
added, use, excise, gross receipts, property, workers’ compensation,
unemployment compensation, withholding or other taxes, whether levied upon
Contractor or Contractor’s assets, or upon the City in connection with Services
performed or business conducted by Contractor. Payment of all such taxes and
liabilities shall be the responsibility of Contractor.
15. City’s Funding
The Agreement is not a general obligation of the City. It is understood that neither this
Agreement nor any representation by any City employee or officer creates any
obligation to appropriate or make monies available for the purpose of the Agreement
beyond the fiscal year in which this Agreement is executed. No liability shall be
incurred by the City, or any department, beyond the monies budgeted and available for
this purpose. If funds are not appropriated by the City for any or all of this Agreement,
the City shall not be obligated to pay any sums provided pursuant to this Agreement
beyond the portion for which funds are appropriated. The City agrees to promptly notify
Contractor in writing of such failure of appropriation, and upon receipt of such notice,
this Agreement, and all rights and obligations contained herein, shall terminate without
liability or penalty to the City.
16. Orders
Within the term of this Agreement, City may place one or more orders for goods and/or
services at the prices listed on the Price Schedule Exhibit attached hereto, and which is
incorporated by reference hereto.
17. Name Changes
The Contractor is responsible for immediately notifying the City of any company name
change, which would cause invoicing to change from the name used at the time of the
original Agreement.
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18. Acceptance of Services
For all Services deliverables that require City acceptance as provided in the Scope of Work, the
City, through the Economic Development and Housing Department Director/designee, will have
10 calendar days to review the deliverable(s) after receipt or completion of same by Contractor,
and either accept or reject the deliverable(s) by written notice to Contractor. If a deliverable is
rejected, the written notice from the City will specify any required changes, deficiencies, and/or
additions necessary. Contractor shall then have 7 calendar days to revise the deliverable(s) to
resubmit and/or complete the deliverable(s) for review and approval by the City, who will then
have 7 calendar days to review and approve or reject the deliverable(s); provided however, that
Contractor shall not be responsible for any delays in the overall project schedule that result from
the City’s failure to timely approve or reject deliverable(s) as provided herein. Upon final
acceptance of the deliverable(s), the City will accept the deliverable(s) in writing.
19. Subcontracting/Assignment
A. Subcontracting - Contractor is fully responsible for completion of the Services
required by this Agreement and for completion of all subcontractor work, if authorized
as provided herein. Contractor shall not subcontract any work under this Agreement
to any subcontractor other than the subcontractors specified in the proposal and
previously approved by the City, without the prior written consent of the City, which
shall be determined by the City in its sole discretion.
B. Assignment - This Agreement, and all rights or obligations hereunder, shall not be
assigned, transferred, or delegated in whole or in part, including by acquisition of
assets, merger, consolidation, dissolution, operation of law, change in effective
control of the Contractor, or any other assignment, transfer, or delegation of rights or
obligations, without the prior written consent of the City. The Contractor shall provide
written notice to the City within fifteen (15) calendar days of any action or occurrence
assigning the Agreement or any rights or obligations hereunder as described in this
section. In the event the City does not consent to the assignment, as determined in
its sole discretion, the purported assignment in violation of this section shall be null
and void, and the City may elect to terminate this Agreement by providing written
notice of its election to terminate pursuant to this provision upon f if teen (15) days’
notice to Contractor.
20. Survival
The provisions of this Agreement shall survive the expiration or termination of this
Agreement.
21. Notices
All notices, authorizations, and requests in connection with this Agreement shall be deemed given on the day they are: (1) deposited in the U.S. mail, postage prepaid, certified, or registered, return receipt requested; or (2) sent by air express courier (e.g., Federal Express, Airborne, etc.), charges prepaid, return receipt requested; or (3) sent via email and addressed as set forth below, which designated person(s) may be amended by either Party by giving written notice to the other Party: For City:
Economic Development and Housing Department Director
600 Cleveland Street, 6th Floor
Clearwater, FL 33755
Denise.Sanderson@MyClearwater,com
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with a copy to:
City Attorney’s Office
600 Cleveland Street
Clearwater, FL 33755
David.Margolis@MyClearwater.com
For Contractor:
Attn: Duggan Cooley, CFRE Pinellas Community Foundation
17755 US Hwy 19 N Suite 150
Clearwater, FL 33764
dcooley@pinellascf.org
22. Conflict of Interest
A. The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the
Services required hereunder, and that no person having any such interest shall be employed by Contractor during the agreement term and any extensions.
B. The Contractor shall promptly notify the City in writing of any business association,
interest, or other circumstance which constitutes a conflict of interest as provided herein.
If the Contractor is in doubt as to whether a prospective business association, interest, or other circumstance constitutes a conflict of interest, the Contract may identify the
prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion as to whether the business
association, interest or circumstance constitutes a conflict of interest if entered into by the Contractor. The City agrees to notify the Contractor of its opinion within (10) calendar
days of receipt of notification by the Contractor, which shall be binding on the
Contractor.
23. Right to Ownership
All work created, originated and/or prepared by Contractor in performing Services pursuant to
the Agreement, including documentation or improvements related thereto, to the extent that
such work, products, documentation, materials or information are described in or required by
the Services (collectively, the “Work Product”) shall be City’s property when completed and
accepted, if acceptance is required in this Agreement, and the City has made payment of the
sums due therefore. The ideas, concepts, know-how or techniques developed during the
course of this Agreement by the Contractor or jointly by Contractor and the City may be used
by the City without obligation of notice or accounting to the Contractor. Any data, information
or other materials furnished by the City for use by Contractor under this Agreement shall
remain the sole property of the City.
24. Amendment
This Agreement may be amended by mutual written agreement of the Parties hereto.
25. Severability
The terms and conditions of this Agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void,
such determination shall not affect the validity or legality of the remaining terms and
conditions, and notwithstanding any such determination, this Agreement shall continue in
full force and effect unless the particular clause, term, or condition held to be illegal or void
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renders the balance of the Agreement impossible to perform.
26. Applicable Law and Venue
This Agreement and any and all purchases made hereunder shall be governed by and
construed in accordance with the laws of the State of Florida (without regard to principles of
conflicts of laws). The Parties agree that all actions or proceedings arising in connection with
this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by
law and a Party elects to file an action in federal court) courts located in or for Pinellas
County, Florida. This choice of venue is intended by the Parties to be mandatory and not
permissive in nature, and to preclude the possibility of litigation between the Parties with
respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this
section. Each Party waives any right it may have to assert the doctrine of forum non-
conveniens or similar doctrine or to object to venue with respect to any proceeding brought in
accordance with this section.
27. Waiver No waiver by either Party of any breach or violation of any covenant, term, condition, or provision of this Agreement or of the provisions of any ordinance or law, shall be construed to waive any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or
violation of the same. 28. Due Authority Each Party to this Agreement represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the Party is authorized to do so; (iii) this Agreement constitutes a
valid and legally binding obligation of the Party, enforceable in accordance with its terms. 29. No Third-Party Beneficiary The Parties hereto acknowledge and agree that there are no third-party beneficiaries to this Agreement. Persons or entities not a party to this Agreement may not claim any benefit from this Agreement or as third-party beneficiaries hereto.
30. Force Majeure
“Force Majeure Event” means any act or event that (i) prevents a Party (the “Nonperforming
Party”) from performing its obligations or satisfying a condition to the other Party’s (the
“Performing Party”) obligations under this Agreement, (ii) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (iii) the Nonperforming Party has not, through
commercially reasonable efforts, been able to avoid or overcome. Force Majeure Event(s) do not include economic hardship, changes in market conditions or insufficiency of funds. If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby
prevented and from satisfying any conditions precedent to the Performing Party’s performance
that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event. The Nonperforming Party must promptly notify the Performing Party upon the occurrence
of a Force Majeure Event. When the Nonperforming Party is able to resume its performance or
satisfy the conditions precedent to the Performing Party’s obligations, the Nonperforming Party will resume performance under this Agreement without undue delay. Each Party will use commercially reasonable efforts to mitigate the effect of a Force Majeure Event.
31. Entirety This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements either oral or written.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first written. Attest:
PINELLAS COMMUNITY FOUNDATION
______________________________ By: ___________________________ ______________________________
Print Name Title: __________________________
______________________________
______________________________ Print Name
APPROVED BY CITY & EFFECTIVE this _____ day of _________________________, 2021.
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: _______________________________
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
David Margolis Rosemarie Call
City Attorney City Clerk
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EXHIBIT A - SCOPE OF WORK
The City of Clearwater received its allocation of the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund (SLFRF) in two equal tranches on May 19, 2021
and June 6, 2022. On November 3, 2022, the Clearwater City Council approved a Spending Plan for the ARPA funds. The Spending Plan includes the $1,000,000 to be distributed by Pinellas Community Foundation to organizations capable of delivering
emergency services to Clearwater residents in need of housing and social service needs. Up to $250,000 of the $1,000,000 mentioned above may be used to assist residents of Capri Mobile Home Park facing eviction.
This Agreement is for services to administer the Project Fund on behalf of the City. As used in the Agreement, the term Contractor is the subrecipient and this Agreement is intended to reflect the structure within which the Contractor must perform the duties outlined in this Scope of Work. The Contractor is responsible for the acceptance and
maintenance, disbursement, accounting, and reporting of the Project Fund during the period of the agreement, which will be from the time the agreement is signed until December 31, 2026, with the option for extension.
1. DELIVERABLES:
a. The Contractor will, within thirty (30) days from the effective date, design and begin administration of the Project Fund on behalf of the City to provide funding to organizations capable of delivering emergency services to Clearwater residents in
need of housing and social service needs.
b. Create a competitive process to distribute the funds in such a way as to maximize the positive impact to Clearwater residents.
c. Contractor shall allocate the Project Fund to organizations capable of delivering emergency services to Clearwater residents in need of housing and social service needs. Contractor will be entitled to reimbursement of direct administrative costs incurred by Contractor; however, the amount of administrative costs reimbursed to Contractor shall not exceed 10% of funds
expended.
d. Contractor shall create a competitive selection process and disburse said funds to qualified applicants (“Grantees”) using a selection process which prioritizes the effective solutions to Clearwater residents in need of housing and
social service needs. There will be no appeal process available for an applicant who is denied an award or given a partial award.
e. Within seven (7) days of the completion of the Project Fund design, Contractor must publicly advertise the Project Fund and the competitive solicitation for the Project Fund to organizations capable of delivering emergency services to Clearwater residents in need of housing and social service needs and shall facilitate appropriate public access to award decision meetings.
f. Prior to Contractor issuing notice of award to Grantees, Contractor will provide the award recommendations consisting of a summary and funding amounts to the City. Within 48 hours of receipt of the award recommendations, the City will
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provide verification to Contractor that the recommended Grantees are not prohibited from contracting with the City and that Contractor may proceed to
contracting with recommended Grantees.
g. Contractor will include representation as determined by the Economic Development and Housing Director on the evaluation committee performing the rank and review of submitted applications.
h. Contractor will clearly identify the Grantees of awards as a beneficiary of the Project Fund.
i. Upon receiving verification from the City, the Contractor will promptly, but not later than thirty (30) days after evaluation, execute an award agreement with the Grantees and will coordinate necessary funding for projects to commence.
j. Contractor must maintain on their public website, information on the award committee, awarded projects, and progress of the Project Fund.
k. Contractor must ensure award agreements are sufficient to effectively monitor compliance and deliver capital projects consistent with the City’s objectives set forth herein. This includes, but is not limited to:
i. Grantees must be required to submit documentation to the Contractor to
support expenditures. Additional reporting and documentation may be requested by the City as needed.
ii. Agreements may allow for pre-payment and/or reimbursement of Contractor approved costs associated with Grantee activities from date of award provided that all activities are completed not later than December 31, 2026. Grantees must demonstrate these expenditures and must attest to the accuracy of project costs; that the project costs are not otherwise reimbursable by a different source; and that they are to address housing and social service needs contributing to negative economic impact to the Grantee.
iii. Contractor must require Grantees to identify and budget for all future perpetual costs associated with proposed project and identify source(s) of future non-City revenues to cover costs for ongoing needs. Grantee budgets
submitted which have unidentified source(s) of revenue or include City revenue as part of ongoing future costs are ineligible for funding.
iv. Contractor must require Grantees to have the administrative capacity to effectively manage and deliver service, maintain records, and provide
reporting and accurate invoice reconciliation. The Contractor must verify the administrative capacity of an organization or must facilitate all services necessary for compliance.
v. Contractor must work with Grantees to establish benchmarks and/or deliverables that demonstrate project completion within the timeframes required herein.
vi. Contractor agreements with Grantees must require Grantee reimbursement to City of all unspent or improperly spent funds awarded to Grantees.
vii. Contractor will provide a final Grantee award agreement template to the City for review and approval of language. City’s review and approval of
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such language is not a waiver by the City of any responsibility of the Contractor.
l. Contractor must provide the City with monthly reporting on updates received from the Grantees on progress, expenditures, and detail on awarded projects. Contractor will determine reporting schedule for Grantees based upon scope of project.
m. Contractor must maintain detailed accounting and tracking of expenditure levels for regular reporting to the City including amount advanced to each Grantee, including amount invoiced, and balance of advance remaining.
n. Contractor must monitor award compliance and progress in delivering projects by the deadlines and guidance required herein.
o. Contractor must provide City with a list of all awarded and non-awarded proposals received and copies of all proposals and agreements resulting from
this program.
p. Contractor must participate in update meetings not less than quarterly with City representatives to review program progress and operation. Contractor and City will work to determine ongoing meeting frequency based upon volume of work and need.
q. Contractor must maintain a public-facing website advertising the City of Clearwater ARPA funding assistance.
r. Contractor must provide an online application portal for receipt of applications.
s. Contractor must provide full accounting of fund disbursement.
t. Contractor must return unspent funds to the City within thirty (30) days of termination of the Agreement.
u. Contractor must provide quarterly Project and Financial reports to the
City’s Economic Development and Housing Department Director.
v. Contractor must provide quarterly performance reports to the City to track
benchmarks and/or deliverables as specified above.
w. Contractor must ensure award agreements are sufficient to effectively monitor Grantee compliance.
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EXHIBIT B - INSURANCE REQUIREMENTS 1. INSURANCE
The Contractor must provide a certificate of insurance and endorsement in accordance with the insurance requirement s listed below, prior to recommendation for award. The Contractor shall obtain and maintain, and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly
authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better. 2. INDEMNIFICATION:
Contractor agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the City, its officers, employees and agents from all damages, suits, actions or claims, including reasonable
attorney’s fees incurred by the City, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, which in any way relate to this Agreement; or on account of any act or omission, neglect or misconduct of Contractor; or by, or on account of, any claim
or amounts recovered under the Workers’ Compensation Law, related to this Agreement; or of any other
laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or for any violation of
requirements of the Americans with Disabilities Act of 1990, as may be amended, and all rules and
regulations issued pursuant thereto (collectively the “ADA”), related to this Agreement except when such injury, damage, or violation was caused by the sole negligence of the City.
A. Submittals should include the Contractor’s current Certificate(s) of Insurance. If Contractor does not currently meet insurance requirements, Contractor shall also include verification from their broker or
agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. Upon selection of Contractor for award, the selected Contractor shall email certificate that is compliant with the insurance requirements. If the certificate received is compliant, no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the
insurance companies shown on the Certificate(s). The Certificate holder section shall indicate the City of Clearwater, a Political Subdivision of the State of Florida shall be named as an Additional Insured for
General Liability. A Waiver of Subrogation for Workers Compensation shall be provided if Workers Compensation coverage is a requirement. B. Approval by the City of any Certificate(s) of Insurance does not constitute verification by the City
that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. The City reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Quote and/or contract period. C. If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of
the work, renewal certificate(s) of Insurance and endorsement(s) should be furnished to the City by the Contractor or their agent prior to the expiration date. 1) The Contractor shall also notify the City within twenty-four hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Contractor
from its insurer. Nothing contained herein shall absolve Contractor of this requirement to provide notice. 2) Should the Contractor, at any time, not maintain the insurance coverages required herein, the
County may terminate the Agreement.
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D. If subcontracting is allowed under this Quote , the Contractor shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event
will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below. All subcontracts between the
Contractor and its subcontractor shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall: 1) Require each subcontractor to be bound to the Contractor to the same extent the Contractor is bound to the City by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor; 2) Provide for the assignment of the subcontracts from the Contractor to the City at the election of
Owner upon termination of the Contract. 3) Provide that County will be an additional indemnified party of the subcontract. 4) Provide that the City will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability.
5) Provide a waiver of subrogation in favor of the City and other Insurance terms and/or conditions as outlined below.
6) Assign all warranties directly to the City; and 7) Identify the City as an intended third-party beneficiary of the subcontract. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the
subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents.
E. Each insurance policy and/or certificate shall include the following terms and/or conditions: 1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the City.
2) Companies issuing the insurance policy, or policies, shall have no recourse against City for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk
of Contractor. 3) The term "City" or "City of Clearwater" shall include all Authorities, Boards, Bureaus, Councils, Divisions, Departments and Constitutional offices of City and individual members, employees thereof in their official capacities, and/or while acting on behalf of the City.
4) All policies shall be written on a primary, non-contributory basis.
The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed Operations exposure, are as follows:
1) Workers’ Compensation Insurance Worker’s Compensation Insurance is required if required
pursuant to Florida law. If , pursuant to Florida law, Worker’s Compensation Insurance is required,
employer’s liability, also known as Worker’s Compensation Part B, is also required in the amounts set forth herein. Limits
Employers’ Liability Limits Florida Statutory Per Employee $500,000 Per Employee Disease $500,000
Policy Limit Disease $500,000
If Contractor is not required by Florida law, to carry Workers Compensation Insurance in order to perform the requirements of this Agreement, County Waiver Form for workers compensation must be executed,
submitted, and accepted by Risk Management. Failure to obtain required Worker’s Compensation
City of Clearwater ARPA Services Agreement Page 17 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
Insurance without submitting and receiving a waiver from Risk Management constitutes a material breach of this Agreement. 2) Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury. No exclusions for physical abuse or sexual molestation.
Limits Combined Single Limit Per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Personal Injury and Advertising Injury General $1,000,000
Aggregate $2,000,000 3) Cyber Risk Liability (Network Security/Privacy Liability) Insurance including cloud computing and mobile devices, for protection of private or confidential information whether electronic or non-electronic,
network security and privacy; privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized
access and use; including regulatory action expenses; and notification and credit monitoring expenses with at least minimum limits as follows: Limits
Each Occurrence $2,000,000 General Aggregate $2,000,000
For acceptance of Cyber Risk Liability coverage included within another policy required herein, a statement notifying the certificate holder must be included on the certificate of insurance and the total amount of said coverage per occurrence must be greater than or equal to the amount of Cyber Risk
Liability and other coverage combined.
4) Crime/Fidelity/Financial Institution Insurance coverage shall include Clients’ Property endorsement similar or equivalent to ISO form CR 04 01, with at least minimum limits as follows: Limits
Each Occurrence or Claim $1,000,000
General Aggregate $1,000,000 5) Property Insurance: Contractor will be responsible for all damage to its own property, equipment and/or materials.
City of Clearwater ARPA Services Agreement Page 18 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
EXHIBIT C - PAYMENT SCHEDULE
City will provide $100,000 to Contractor within 30 days of the effective date of this agreement. These funds shall be used as a revolving fund to pay Project Fund expenses while waiting for reimbursement from the City for documented Grantee expenses. Thereafter, the Contractor will submit to City monthly invoices for reimbursement of Project Fund expenses incurred by Grantee. When total expenditures to Grantees and reimbursement to Contractor
for administrative costs reach $1,000,000, the Project Fund shall terminate. Direct administrative costs paid to Contractor shall be on a reimbursement basis and shall not exceed 10% of funds expended. If all funds are not expended by December 31, 2026, the Project Fund and this Agreement shall terminate and Contractor shall return all remaining, unspent funds to City within sixty days.
City of Clearwater ARPA Services Agreement Page 19 of 21
AGREEMENT
CITY OF CLEARWATER SERVICES AGREEMENT Revised 12/2022
EXHIBIT D - PAYMENT/INVOICES
PAYMENT/INVOICES: CONTRACTOR shall submit invoices for payment due as provided herein with such documentation as required by the City and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department: Economic Development and Housing Department P. O. Box 4748 Clearwater, FL 33755-4748 Each invoice shall include, at a minimum, the supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the supplier also include the information shown in below. INVOICE INFORMATION: Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO, if applicable Remit To Billing address to which you are requesting payment be sent Invoice Date Creation date of the invoice Invoice Number Company tracking number Shipping Address Address where goods and/or services were delivered Ordering Department Name of ordering department, including name and phone number of contact person PO Number Standard purchase order number Ship Date Date the goods/services were sent/provided Quantity Quantity of goods or services billed Description Description of services or goods delivered Unit Price Unit price for the quantity of goods/services delivered Line Total Amount due by line item Invoice Total Sum of all of the line totals for the invoice
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1285
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve a contract (purchase order) with Toole Design Group, LLC, in the amount of $268,735
to develop a new parks and recreation master plan, pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c), Piggyback (Forward Pinellas Planning Consultants 20-01),
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Parks and Recreation Department maintains an extensive system of Parks and
Recreation facilities, programs, and special events for Clearwater’s residents and visitors. The
mission of the department is to create a uniquely beautiful and vibrant community by providing
places and recreation opportunities for all people to gather, celebrate, and engage in activities
that promote health, well-being, culture, and environmental stewardship.
In 2002, the Parks and Recreation Department completed a Master Plan that proposed projects
and programs for a twenty-year time frame. In 2013, the Parks and Recreation Master Plan
was updated due to many changes not predicted in the original Master Plan, including
unforeseen economic challenges and new funding from Penny for Pinellas.
The twenty-year plan has been completed and staff is recommending a new Master Plan be
developed to guide and assist the City in the decision-making efforts needed to continue to
provide a robust and vibrant Parks and Recreation delivery system.
The City seeks to engage Toole Design, LLC, to develop a Master Plan to advance future
strategic initiatives and projects undertaken by the Parks and Recreation Department. The
resulting Master Plan will recommend comprehensive strategies aimed at enhancing current
and future park facilities, recreation amenities and program offerings of the city, desired and
utilized by the community. The City will piggyback off of Forward Pinellas contract (Forward
Pinellas Planning Consultants #20-01). Toole Design, LLC was selected as a consultant under
the Forward Pinellas contract and the same rate schedule will apply.
To create a systematic framework for the 2023 Master Plan the following tasks will be
completed: Project Organization; Existing Conditions Analysis; Needs and Priorities
Assessment; Long Range Vision and Planning Recommendations; and Implementation
Framework.
The Consultant will conduct a series of community workshops (3 in-person, 1 virtual), focus
group meetings (1-day, multiple groups), stakeholder interviews (1-day, multiple interviews) and
on-line survey to gather qualitative information about residents’ needs and priorities. The
Consultant will create a dedicated website/page to serve as the project’s digital home.
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1285
The Master Plan process is estimated to be completed in 12 months and is scheduled to begin
in early 2023.
Staff is recommending approval of the contract between Toole Design Group, LLC, and the
City to develop the 2023 Parks and Recreation Master Plan.
APPROPRIATION CODE AND AMOUNT:
Funds are available in 315-93618, “Parks and Recreation Contract Services”
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/14/2022
November 28, 2022
Kerry Kimball Marsalek, MA
Strategic Programs Senior manager
Parks and Recreation Department
City of Clearwater
RE: Parks and Recreation Master Plan
Dear Kerry,
The City of Clearwater seeks to develop a Parks and Recreation Master Plan to outline an overall vision for
equitable and accessible park facilities and programs to meet the needs of diverse communities and populations
throughout the city. The Toole Design team is very excited about this opportunity; we apply industry best
practices in planning, design, and community engagement to develop creative strategies and solutions based on
an approach firmly rooted in data and equitable outcomes. In response to the City’s request, Toole Design is
proposing the following Scope of Services to complete the City of Clearwater’s 2023 Parks and Recreation Master
Plan. If more detail or discussion is required, we are more than happy to refine the following scope to best meet
the City’s needs.
Scope of Services
Task 1: Project Organization
1.1 Coordination
Toole Design’s Project Manager (PM), Andrea Ostrodka, will coordinate with the City’s Project Manager on a
regular basis to review project progress, review current work and receive feedback or direction, and discuss the
project schedule and budget status. Toole Design will provide monthly invoices including a written progress
report and identification of upcoming milestones, schedule changes, or issues.
1.2 Community Engagement Plan
Toole Design will develop a Community Engagement Plan (CEP) for the City’s review to ensure coordination of
the engagement techniques, project schedule, and staffing needs. The CEP will outline measurable objectives of
the public outreach process, tactful communication methods, branding, and key messaging. Following the
project’s kickoff meeting, Toole Design will update the CEP to reflect staff’s comments, with a revised version to
be provided within two weeks following the kickoff meeting for final approval by staff.
1.3 Kickoff Workshop
Toole Design will conduct a kickoff workshop to initiate the project with the City’s PM and selected staff. A
preliminary agenda for the workshop is proposed to include:
a) Introduction of team members and roles
b) Project overview, purpose, goals, scope, schedule
c) Outline of tasks, responsibilities and expectations
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d) Overview of the City’s Parks and Recreation system attributes
e) Review of industry trends in parks and recreation
f) CAPRA Accreditation initiative and actions
g) Data needs
h) Discussion of project requirements, priorities, challenges, and opportunities in both planning and
implementation
i) Select park tour (two or three parks)
Andrea Ostrodka and the City’s PM will refine and finalize the agenda and parks or facilities to be toured prior to
the workshop. This workshop may be conducted in person or virtually. If held virtually the park facilities tour will
be incorporated within Task 2.2 Site Visit.
During the pandemic, Toole Design has led a variety of projects from kickoff to completion entirely, or almost
entirely, virtually. We propose a combination of virtual and in-person meetings and community/stakeholder
engagement in this scope but are prepared to pivot and adapt as local conditions change. We are eager for the
“post-pandemic world,” however we care deeply for the communities in which we work and will accomplish our
work with respect and flexibility.
Task 1 Deliverables:
Project Management Plan (Word document)
Community Engagement Plan (Word Document)
Agenda and Summary of Kickoff Workshop (Word document)
Task 2: Existing Conditions Analysis
2.1 Guiding Documents Review
Toole Design will review plans and other documents and data to better understand the City’s past approach to
parks and recreation planning and investment; social, economic, recreation, and travel trends in the City; and
administrative context.
Previously conducted, relevant community engagement results will be reviewed as part of this task to respect and
maximize previously provided input. The goal of this review will be to identify areas of consensus, areas of
contention, and gaps in knowledge to inform the types of questions that should be asked. Where available,
demographic data on participants will also be reviewed to help identify populations like people of color, children,
or older adults who may not have been reached through previous engagement efforts. This will inform targeted
engagement activities in Task 3 to reach these populations.
Sources may include but not be limited to:
City of Clearwater Comprehensive Plan
Pedestrian and Bicycle Master Plan
Clearwater Downtown Redevelopment Master Plan (2018)
Clearwater Greenprint 2.0 (2021)
Imagine Clearwater Master Plan (2017)
National Citizens Survey Report (2020)
North Marina Area Master Plan (2016)
Community Assessment Survey for Older Adults (2019)
Revised Impact Fee Ordinance (expected April/May 2023)
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Community Development Code (Chapter 54, Appendix A, and Open Space/Recreation and Preservation
zoning districts)
Annual budget and relevant grant or funding agreements
Capital Improvement Plan
Others as necessary
2.2 Site Visit
Toole Design will conduct a site visit within 30 days of project kickoff to review facilities within a representative
sample of park and recreation facilities, to be determined in collaboration with City staff. This will inform the study
team of conditions, context, facilities, and a variety of other design and use factors that will inform the planning
process.
2.3 Demographic Analysis
Toole Design will review 2020 Census and American Community Survey (ACS) data to present an accurate
current picture of the City’s population characteristics and will summarize population trends, including age,
gender, growth, education and income levels, vehicle ownership, ethnicity, and language. To the extent available,
health and recreational data will also be included.
2.4 Parks and Recreation Benefits and Value Analysis
Toole Design will perform data-driven analyses of the benefits and value of the Clearwater park system to city
residents among the categories of Human Health, Environmental, Economic Benefits, and Social Capital. To
accomplish this, Toole Design will attain appropriate data and devise methodologies for developing the following
metrics:
Human Health
o Medical cost savings associated with park use
Environmental
o Pollution mitigation: number of tons of CO2 and other pollutants removed by parkland trees
o Rainwater runoff cost mitigation due to parkland perviousness
o Consistency with Greenprint
Economic
o Direct use economic value
o Median home values within close proximity to parks
Social Capital
o Identification and inventory of clubs, public groups, organizations, and other social bodies that
use, advocate for, and/or help maintain the Clearwater park system, as a barometer of social
good and engagement
The above metrics and assessments together will yield a complete and holistic evaluation of the benefits and
value conferred upon the City of Clearwater and its residents by its park system.
Historic preservation planning analysis and benefits (Task 6) will be documented in this task, including a written
narrative of Clearwater’s parks that highlights the historical significance of established parks that are 50 years or
older, and and general overview of historic resources located in and around the City’s parks.
2.5 Park Performance Evaluation
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Toole Design will review park design, construction, and maintenance data, geospatial demographics and
economic data, and cell phone GPS activity trace data from Streetlight to construct data-driven metrics assessing
the performance of Clearwater’s parks and recreation facilities. These items may include but not be limited to:
Allocation of park amenities throughout the park inventory, including sport courts and playgrounds
Distribution of visitor areas of origin
Tabulation of park maintenance schedules and routines
Assessment of park use patterns over time
Identification of over- or under-used parks
Evaluation of gaps in facility types and/or distribution of parks when viewed through geographic and
demographic lenses
Toole Design will also compare individual park use and popularity with nearby population demographics and who
has access to the park facilities, to assess equity as part of park performance. This information will be combined
with community input (Task 3) to understand why certain facilities may be under- or over-used (such as safety
concerns, lighting, or available parking or transit access).
2.6 Recreation Programs Performance Evaluation
Toole Design will use recreation program data provided by the City of Clearwater to assess the following:
What recreation programs exist, and at what parks?
o Recreation programs assessed include, but are not limited to, aquatics, athletics recreation center
programs, summer camps, and others
What populations have access to which recreation programs?
How well are the recreation programs used, and are certain park recreation programs over- or under-
used?
Are there certain populations without recreation program access?
Recreation program Strengths, Weaknesses, Opportunities, and Threats analysis to inform development
of strategic vision for the future of Clearwater’s recreation programs
Toole Design will pair the above assessments and metrics with recreation program budget information provided
by the City of Clearwater to evaluate performance and benefit and will provide recommendations for recreation
program optimization and to address any program or service gaps identified in the analysis.
2.7 GIS Mapping
Toole Design will develop a GIS database file compatible with ArcGIS to inventory the City’s parks and recreation
facilities. The database will include park and recreation facility location, size, conditions, quality,
type/classification, service area, intended users, and any other relevant data as appropriate. Toole Design will
also produce a series of maps showing the park and recreation facilities throughout the City of Clearwater,
including a citywide map and more detailed maps of up to five of the largest and/or most popular park facilities.
Necessary data for these maps will be requested from the City of Clearwater.
Task 2 Deliverables:
Meeting and Workshop Materials
Stakeholder Interviews Summary Memo (Word Document)
Numerical and graphic results of Benefits and Value Analysis
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Numerical and graphic results of Recreation Programs Analysis
Draft and Final GIS maps of Park and Recreation facilities
Draft and Final Task 2 Memorandum summarizing all methodologies, metric constructed, data sources,
and results for the above analysis.
Task 3: Needs and Priorities Assessment
3.1 Public Engagement
Toole Design will conduct a series of public workshops, focus group meetings, and stakeholder interviews to
gather qualitative information about residents’ needs and priorities.
The recommended activities and methods outlined here may be revised following the review of input received to
date in Task 2.1. Any recommended changes will be discussed with staff as the CEP is developed.
3.1.1. Stakeholder Interviews
Toole Design will partner with the City’s Project Team to identify stakeholders vital to the creation of the
Master Plan. Toole Design will conduct a series of one-on-one or small group interviews with elected
officials, advisory board members, administrative staff, community leaders, and any other key
stakeholders who may recognize significant needs, issues, and priorities for parks and recreation. Toole
Design will arrange a proposed schedule and City staff will be responsible for inviting these individuals to
participate. Three Toole Design staff will participate in one (1) day of stakeholder interviews. A summary
memo will be provided within one week of the interviews, highlighting key themes from these sessions.
Interviews can be in person or virtual.
3.1.2. Focus/Advocacy Group Meetings
Toole Design will arrange a series of focus group meetings to get a deeper understanding of issues
facing specific populations. This may include advocacy groups who are intimately familiar with specific
areas of interest, challenges, or opportunities. Each focus group meeting will have no more than 10
participants to foster dialogue within the group. Toole Design will arrange a proposed schedule and City
staff will be responsible for inviting these individuals to participate. Two Toole Design staff will participate
in one (1) day of focus group meetings. A summary memo will be provided within one week of the focus
groups, highlighting key themes from these sessions. Focus group meetings can be in person or virtual.
3.1.3. Project Website
Toole Design will create a dedicated website/page to serve as the project’s digital home. It will be
designed to operate for both desktop and mobile users. The site will include an overview of the project,
published documents, and information about upcoming engagement activities. Online engagement
activities, such as an informal survey for residents and visitors to provide feedback, will be embedded into
the site to keep everything in a consistent location for users. Toole Design will provide updated
information as available to ensure accurate information is posted. Toole Design staff will work with the
City to ensure that any digital medium that solicits public feedback will conform to all security and
accessibility requirements of the City. The project website will be contained within the City’s website.
3.1.4. Online Input Map
An interactive, online input map will allow us to obtain location-specific input from the public, such as
which facilities they love most, neighborhoods where parks are lacking, and ideas for new features by
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adding pins with comments to a map. Users will also be able to view and respond to other participants’
comments. Toole Design’s proprietary web mapping platform will be used and offers a simple, user-
friendly interface optimized for both desktop and mobile users. It can be customized to ask a variety of
questions, including both location-specific inputs (dropping pins or drawing lines) and standard survey
questions to get contact and demographic information from users, or to ask supplementary questions
about their experience with parks and recreation. Toole Design staff will work with the City to ensure that
any digital medium that solicits public feedback will conform to all security and accessibility requirements
of the City. The results will be summarized in a memo and provided to the City as a shapefile for future
use.
3.1.5. Community Workshops
Community workshops will be an opportunity to educate the public about the Master Plan and facilitate
collaborative dialogues to guide the plan’s direction. These will be hosted in a hybrid format, with some
taking place in person and others being hosted virtually. Both formats will be designed to be interactive,
with an emphasis on listening to participant ideas. We will continue to monitor public health guidance for
COVID-19 and can convert all meetings to virtual sessions if needed for social distancing.
Citywide Needs and Opportunities Workshop (Virtual Only)
This initial session will introduce the public to the Parks and Recreation Master Plan, with
highlights from the existing conditions analysis, previously received community input, and
citywide values and goals for the plan. After an introductory presentation, we will use virtual
breakout groups to facilitate smaller discussions.
Neighborhood Workshop Week (Three total, all in-person)
These sessions will be geographically focused and will address needs and opportunities for parks
and recreation facilities in each area. There will be three (3) in-person sessions hosted at
community facilities in three different neighborhoods, with each session addressing the area
surrounding the meeting location. If preferred, these can be hosted as pop-up open houses at
City parks instead of formal workshop sessions. This format may be preferred to keep
participants in outdoor settings for public health reasons, and to increase visibility amongst
people who use the parks but may not be interested in attending a traditional meeting. The
preferred format will be selected with City staff as the CEP is developed.
Recommendations Workshop (Virtual Only)
A final community workshop (1) will be held virtually to review the draft plan recommendations
and get community input before finalizing the plan. The draft plan will be posted to the project
website for at least one week prior to this meeting to allow time for community review. This
meeting will have an overview presentation highlighting key plan direction and major projects,
followed by breakout group discussions focused on each of the subareas from Neighborhood
Workshop Week.
For virtual workshops, we recommend using Zoom or the City’s preferred virtual conferencing platform to
host the meetings and using social media platforms, like Facebook Live, as a supplemental viewing
option to extend the meeting’s reach. Toole Design will work with City staff to select the preferred
platforms as the CEP is developed. Miro, a virtual whiteboard platform, will be used to help facilitate
interactive and engaging virtual sessions, allowing us to review graphics, sketch, and collaborate similar
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to an in-person workshop setting. Live polling through Zoom, Mentimeter, or the City’s preferred platform
will also be used to collect input throughout these events.
Meeting recordings will also be posted to the project website for community members who were unable to
attend live sessions. Brief surveys (up to five questions) will be provided to the City to post along with the
recording for up to one week after each event to allow people viewing the recordings to provide input
similar to what is asked of live participants.
City staff will be responsible for booking in-person workshop locations at public facilities like recreation
centers or schools. City staff are also encouraged to participate in all workshops to continue building
relationships with the community and provide institutional knowledge.
3.1.6. Outreach Coordination
City staff will be responsible for promotional materials and direct communications and will be responsible
for promoting the events and/or meetings. Toole Design staff will coordinate with City staff to provide
information for its marketing team to create the necessary promotional materials.
3.2 Trends Analysis
Toole Design will identify national and regional trends in parks and recreation facilities, programs, development
standards, staffing, maintenance, and marketing from relevant and documented sources such as the American
Planning Association (APA), National Recreation and Park Association (NRPA), Commission for Accreditation of
Parks and Recreation Agencies (CAPRA), as well as up to three case studies using peers with similar
characteristics to the City.
3.3 Level of Service Analysis & Needs Assessment Report
Toole Design will develop a community-based Level of Service (LOS) model to establish guidelines for the future
development and servicing of parks and recreation facilities. The model will include benchmarks based on
community input, inventory evaluation, best practices, utilization, and equity.
Task 3 Deliverables:
Meeting and Workshop Materials
Stakeholder Interviews Summary Memo (Word Document)
Focus/Advocacy Groups Summary Memo (Word Document)
Project Website
Online Input Map (Web Platform)
Online Input Map Summary Memo (Word Document)
Community Workshops Summary Memo (one covering all three) (Word Document)
Summary of Trends Memo
Level of Service Model, LOS Analysis & Needs Assessment Report
Task 4: Long Range Vision and Planning Recommendations
4.1 Visioning Workshop
After the consultant team has collected and reviewed all technical data and evaluated input, concerns, and
preferences of residents and other stakeholders, the team will conduct a full-day visioning workshop with City
staff. The purpose of the workshop will be to achieve informed consensus on a parks and recreation vision for the
City and the Parks and Recreation Department. The workshop will be hands-on and engaging with a series of
activities meant to inform, challenge assumptions, and allow project team members to consider needs through the
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eyes of diverse residents. Toole Design will facilitate a discussion with City staff to draft Guiding Principles,
Goals, and Objectives that will guide the planning, decision-making, and budgeting process over the next 15
years. A vision for the city will be developed, as well as for smaller regions and specific projects and programs
will be identified for the short term (within five years), mid-term (five-10 years) and long-term (10-15 years).
The Visioning Workshop will be documented in a visually rich memo incorporating photographs, sketches,
discussion topics, as well as the agreed-upon Guiding Principles, Goals, Objectives, projects and programs.
After the workshop, Toole Design will create three conceptual drawings to illustrate priorities, projects, and/or
high-level designs. The topics for each drawing will be discussed and agreed upon at the end of the workshop.
4.2 Long Range Land Planning Policy
Toole Design will review existing municipal policies relating to land use, development, and transportation to
identify strengths, weaknesses, and opportunities to support the parks and recreation system and vision. Based
upon this review and general best practices, the consultant team will recommend updated language, objectives,
policies, regulations, and dedications for parkland, environmental land, and open space. This task is intended to
complement and contribute to the City’s “Clearwater 2045” comprehensive planning project and be conducted in
collaboration with the City’s Planning & Development Department as well as the Parks and Recreation
Department.
Task 4 Deliverables:
Visioning Workshop Summary
Policy Issues and Recommendations Summary Memo (Word Document)
Task 5: Implementation Framework
5.1 Overview
The final Master Plan will bring together the analysis and recommendations described above and will include a
prioritized implementation strategy with estimated costs and proposed phasing. The implementation strategy will
cover operations and maintenance in addition to initial construction or improvements and identify potential funding
sources, revenue opportunities and partnership strategies. Toole Design will meet with City staff and the City’s
impact fee consultant (if desired) to better understand the status of the proposed impact fee and its relationship to
this project.
5.2 Implementation Strategies Workshop
Toole Design will develop an agenda for and facilitate a final Implementation Workshop with the City’s team to
review priorities in order, discuss implementation strategies and potential capital and operating funding. This
meeting will be virtual and results will be incorporated into the final plan. In preparation of this meeting, Toole
Design will meet with City staff and as desired the City’s impact fee consultants to provide relevant financial
information to support realistic recommendations. We will seek opportunities to leverage funds and partner efforts
to advance projects quickly.
5.3 Costs and Phasing Plan
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Based on the preceding efforts and the Implementation Strategies Workshop, Toole Design will develop an
implementation framework with projects prioritized over the near term (five years or sooner), mid-term (five-to-ten
years), and long-term (10-15 years). The framework will be presented in an easy to reference graph or list format
with key issues, strategies, costs, and funding sources listed at a glance. In support of this list, Toole Design will
describe how the list responds to community input, Guiding Principles, objectives, and goals. This list is intended
to be incorporated in the Capital Improvements Program.
Recognizing that priorities can change and unexpected opportunities or challenges can occur, Toole Design will
also provide suggested guidelines when considering modifications or amendments to the plan.
5.4 Deliverables/Presentations
Toole Design will prepare and conduct final presentations in coodination with City staff. This scope assumes:
One-on-one meetings (1 day)
Workshop discussion (1 day)
City Council presentation (1 day)
Presentation materials will be developed in PowerPoint. Final presenation materials and talking points will be
provided to City staff one week prior for review and comment, and as part of the digital final deliverable package
for ongoing use as necessary. Toole Design staff will be available to answer a variety of technical questions and
provide detailed information on the community-driven process.
Task 5 Deliverables:
Implementation Strategies Agenda and Workshop Summary, as well as any supporting presentation
materials
Costs and Phasing Plan (Word Document)
25 bound copies of the completed Master Plan
Digital copies of the completed Master Plan
Task 6: Historic Preservation Planning Services
As sub-consultant to Toole Design, Dalton Studio, LLC will provide and document historic preservation planning
services as relevant to the Parks and Recreation Master Plan to include:
Research the history and development of Clearwater’s parks to create a historical narrative that can be
used to convey the value of the City’s park system – specifically its role in providing a sense of place and
connection for residents and visitors. This information would provide the basis for establishing future
projects, as well as grant funding that may be pursued.
Provide geographic information related to historic resources in and adjacent to Clearwater’s parks, which
in turn can be incorporated into the master plan maps and graphics.
Creation of a written narrative of Clearwater’s parks that highlights the historical significance of
established parks that are 50 years or older.
Written recommendations for projects that may be used to promote history and sense of place
connections that underscore the value of Clearwater’s park system. Examples of some potential projects
include:
o Heritage walk utilizing smart phones and QR codes;
o Heritage markers to be placed within parks that convey the development of the City’s park
system; and
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Research grant opportunities for potential park history projects that will highlight the value of the
Clearwater Park system from a historical perspective.
Evaluate potential historic resources that may be present within Clearwater’s park system and prepare
Florida Master Site File (FMSF) forms for each resource. Completed forms will be filed with the Florida
Department of State, Division of Historical Resources.
Results of Task 6 will be integrated into Task 2.4 Parks and Recreation Benefits and Value Analysis.
Fee
The fee for the Scope of Services described above is a fixed fee of $268,735* to be paid based on milestone
progress over the approximate 12-month project duration.
A note about Streetlight data: The cost of Streetlight data varies depending on the number of geographies
analyzed, which is measured by Streetlight in terms of the number of Travel Analysis Zones (TAZs). Clearwater
has 71 parks listed in the Parks shapefile from the Pinellas County GIS data website, which overlap with 43 TAZs.
15 TAZs would cover about 20-30 parks, depending on which TAZs are selected for analysis, and would cost
about $10,800. This would include data for all vehicles, but does not have breakdowns by travel mode used to get
to the parks. Adding the data to analyze breakdowns by mode would cost an additional $16,000 for this same
number of TAZs. Analyzing 25 TAZs, which would cover about 40-50 parks, would cost about $14,800 (no mode
breakdowns) or $36,112 (including mode breakdowns). For the purpose of this fee calculation, we propose
purchasing Streetlight data for 25 TAZs, which will cover 40-50 parks. We will use this data to draw inferences on
the remaining parks.
Fee
1 Project Organization and QA/QC 24,910$
2 Existing Conditions Analysis 45,569$
3 Needs and Priorities Assessment 60,815$
4 Long Range Vision and Planning Recommendations 55,024$
5 Implementation Framework 36,784$
6 Historic Preservation Planning Services 10,000$
Labor Total 233,102$
Final Report (Hardcopy) - 35 copies 3,500$
Other Reproduction (Display Boards, Maps, Etc.) 8,183$
Travel 9,150$
Streetlight Data for 25 TAZs 14,800$
Total Expenses 35,633$
TOTAL PROJECT FEE (LABOR + EXPENSES) 268,735$
Task
11
We are eager to collaborate with the City of Clearwater to develop a visionary, equitable, implementable Parks
and Recreation Master Plan. We look forward to talking in more detail about next steps.
Sincerely,
Andrea Ostrodka | Project Manager and Florida Office Director
TOOLE DESIGN
AOstrodka@tooledesign.com | 407.421.2432
12
References
Marc Maxwell
City Manager
City of Sulphur Springs
903-885-7541
maxwell@sulphurspringstx.org
Project: Sulphur Springs Town Branch District Park Plan
Anand Balram
Senior Policy Planner, Official Plan & Growth Management
Planning, Building & Economic Development
City of Brampton ON
905-874-2945
anand.balram@brampton.ca
Project: Heritage Heights Community Master Plan
Rates
Rates
Range ($) Rate ($)
Chief Professional/Project Director 160-295 244
Senior Professional 115-220 170, 179
Project Professional 90-180 145, 149
Professional 70-140 91, 96, 104, 114, 130
Senior Specialist 185-400 219
Specialist 120-230 199, 214
Notes
3. Reimbursable expenses will be chared at cost or per GSA guidance.
4. Rates are valid from January 2023 to December 2023.
1. The Range is per the Agreement for Planning Consultants (contract) between Toole
Design Group and Forward Pinellas.
2. The Rates listed are for the staff listed in this proposal. Additional staff may be
added over the course of the project.
PROJECT MANAGER
Andrea Ostrodka, AICP, LEED AP®
IMPLEMENTATION FRAMEWORK
Lakesha Dunbar
Savannah Langkamp, PE
Andrea Ostrodka, AICP
PARKS PLANNINGAND DESIGN
Alex Koutoutsos, PLA
Bonnie Moser
Savannah Langkamp, PE
DATA ANALYTICSAND MAPPING
Benjamin Silverstein
COMMUNITYENGAGEMENT
Henry Cohen
Bonnie Moser
Isabella Delgado
Andrea Ostrodka, AICP
STRATEGIC ADVISOR
Jennifer Toole, ASLA, AICP
12
ORGANIZATION CHART
13
Andrea is a collaborative and solutions-oriented active transportation planner and
Toole Design’s Central Florida Office Director. Andrea’s work lies at the intersection of
transit, bicycle, and pedestrian planning and design, and considers both operations and
infrastructure. She has a unique collection of experience with land use and multimodal
planning in both the public and private sectors, having served as the Director of
Planning and Engineering for a regional transit agency; the project manager for a
wide variety of community master planning, transit, parks, and comprehensive plans
projects; and a local government liaison for transportation issues. Andrea has seen a
broad range of planning initiatives through to implementation, proving her value on both
project- and enterprise-level planning efforts.
SELECTED PROJECT EXPERIENCE
Sulphur Springs Town Branch District Park Plan, Sulphur Springs, TX (2021)
Andrea led the planning and design charrette for the Town Branch District Master
Plan. The heart of the plan is a new park stretching from the quiet residential area
at the north end of the district to the more urban, mixed-use south end. The public
emphasized the need for comfort, shade, places for children to play, romantic spots,
and a celebration of the town’s history. The plan for the park reflects these elements
through shaded, winding pathways; a playground and splashpad; pedestrian plaza
and concert area; open space; a natural stone bridge; and public art. Streets and
blocks surrounding the park are reconfigured to promote easy access by walking or
biking, slower automobile speeds, and residential redevelopment. Extensive public
engagement throughout the process resulted in widespread support and excitement for
the plan’s implementation, which is proposed to occur in phases as funds are available.
Heritage Heights Community Master Plan, Brampton, ON (2021)
Andrea served as Project Manager for a design charrette to develop a community
master plan highlighting an integrated street network including designing a boulevard
to replace a freeway, connected open space system, trail network, regional and local
transit connections, and transit-oriented land use plan. The collaborative process
involved city staff from all departments, landowners, and other stakeholders and
emphasized the importance of a community designed to be equitable, inclusive, and
enhance the health and wellness of Heritage Heights’s residents, workers, and the
regional ecosystem. Andrea coordinated sites for BRT and light rail stations/stops,
promoting opportunities for transit-oriented development.
City of Inverness Bicycle Master Plan Update, Inverness, FL (2018)
Andrea served as Project Manager and lead planner on the Bicycle Master Plan
Update for the City of Inverness. The plan was designed to guide infrastructure
investments appealing to both novice and expert cyclists by “closing the gaps”
between trails, sidewalks and bike lanes; connecting to existing transit routes; and
prioritizing amenities such as secure bike storage, water fountains, and wayfinding
signage. Andrea’s responsibilities included leading focus group discussions,
documenting existing usage patterns, designing improvements, and prioritizing
those improvements based budgetary parameters.
PROJECT MANAGER
PROFESSIONAL HIGHLIGHTS
Years of Experience: 20
Toole Design: 2019-Present
H. W. Lochner: 2016-2019
Central Florida Regional
Transportation Authority
(LYNX): 2011-2016
AECOM: 2009-2011
Glatting Jackson Kercher
Anglin, Inc.: 2003-2009
Triangle Land Conservancy:
2001-2003
EDUCATION/CERTIFICATION
Master of Urban and Regional
Planning, University of North
Carolina at Chapel Hill: 2003
Bachelor of Arts, History and
Environmental Studies,
Emory University: 2001
American Institute of
Certified Planners
LEED Accredited Professional
APPOINTMENTS/AFFILIATIONS
Urban Land Institute Central
Florida Chapter, Chair of
Programs: 2007-2010
ANDREA OSTRODKA, AICP, LEED AP®
14
Lakesha is a Senior Planner whose work is primarily with local governments
and extends to regional, state, and private collaborations with a focus on the
implementation of capital projects such as bicycle facilities, parks and greenways.
Lakesha’s experience includes implementation of two bike and pedestrian plans for
Winston-Salem, NC and Oklahoma City, OK; bike lane and traffic signal design; project
budget and management; travel demand modeling; and long range transportation
plan development and implementation, with emphasis on equity and Title IV.
SELECTED PROJECT EXPERIENCE
Athens Alabama Comprehensive Plan, Athens, AL (2021)
Lakesha wrote the recommendations for the transportation element of the Athens,
AL Comprehensive Plan. This sections of the transportation element included
existing conditions, transportation considerations, and goals and recommendations.
Capital Project Implementation, Oklahoma City, OK (2018-2021)
Lakesha served as the City of OKC’s Planning Department’s Program Planner on the
implementation of all bike, ped, and street enhancement projects funded through
the City’s bond, temporary sales tax and federally funded programs. This included
more than 120 projects and added up to over $306 million in funding. Daily tasks
included project selection and prioritization, design consultant selection, plan
reviews, and project budget administration.
Turkey Creek Greenway Feasibility Study, Sumter, SC (2021)
Lakesha serves as the Deputy Project Manager for the feasibility study to identify
the opportunities and barriers in the development of the greenway. She is
responsible for coordinating the community outreach; guiding the collection and
review of demographic, socio economic, cultural, and environmental factors in the
study area; and providing trail recommendations. The project also involves close
coordination with City staff and the project steering committee.
Capital Project Implementation, Oklahoma City, OK (2018-2021)
Lakesha served as the City of OKC’s Planning Department’s Program Planner on the
implementation of all bike, ped, and street enhancement projects funded through the
City’s bond, temporary sales tax and federally funded programs. This included more
than 120 projects and added up to over $306 million in funding. Daily tasks included
project selection and prioritization, design consultant selection, plan reviews, and
project budget administration.
SENIOR PLANNER |
CAPITAL PROJECTS AND IMPLEMENTATION
PROFESSIONAL HIGHLIGHTS
Years of Experience: 22
Toole Design: 2021-Present
Oklahoma City Planning
Department: 2018-2021
Oklahoma City Office of
Management and Budget: 2015-
2018
City of Winston-Salem Property
and Facilities Management:
2012-2015
City of Winston-Salem Budget
Department: 2011-2012
Winston-Salem Department of
Transportation: 2001-2011
North Carolina Department of
Transportation: 2001
Kubilins Transportation Group,
Inc: 1999-2001
EDUCATION/CERTIFICATION
Masters in Public
Administration, Appalachian
State University: 2012
Bachelors of Science, Civil
Engineering, North Carolina
A&T State University: 1999
APPOINTMENTS/AFFILIATIONS
Institute of Transportation
Engineers
LAKESHA DUNBAR
15
Ben is an analyst with experience working on geospatial data science projects
across the transportation, infrastructure, and real estate sectors. His experience
includes street and transit network analyses, travel mode choice modeling, zoning
and land use analyses, and data visualizations to help bridge the gap between data
and decision making. Ben has led geospatial projects with public and private sector
clients globally and has contributed to academic research in transportation.
SELECTED PROJECT EXPERIENCE
Dividing Highways: Barrier Effects and Environmental Justice in California
As a graduate student researcher, Ben was a core member of a research
team studying the impact of freeway construction on neighborhood street
network connectivity in California. He performed geospatial analyses to identify
neighborhoods with the greatest reduction in walkable and bikeable street
networks due to the presence of freeways and created data visualizations to
communicate findings with state and local transportation officials.
Pandemic Transit Service Coverage, Massachusetts
Ben served as the geospatial analyst on a project to calculate the change in
transit service coverage in Massachusetts that occurred throughout the COVID-19
pandemic. He collected data from 15 Regional Transit Agencies (RTAs) in
Massachusetts and implemented a geospatial model to calculate the change in
population near transit stations at various phases of the pandemic.
Future of Mobility Simulation
Ben served as the lead data scientist on a research project to simulate the impact of
transportation policies and future technologies on travel mode choice in cities in the
United States and Europe. He built an interactive dashboard to help decision makers
understand the impact of interventions such as congestion pricing and autonomous
vehicles on sustainability and travel efficiency.
Bridge and Toll Road Infrastructure Investment
Ben was the lead geospatial analyst on a project for an infrastructure investment
firm to identify and evaluate new bridge and toll road infrastructure investments in
the United States. He used demographic and traffic data, economic forecasts, and
cost benchmarks to build cost and revenue models for four large-scale projects
over a 30-year time horizon.
DATA ANALYTICS AND MAPPING
PROFESSIONAL HIGHLIGHTS
Years of Experience: 9
Toole Design: 2022-Present
UCLA Institute of Transportation
Studies: 2021-2022
Massachusetts Department
of Transportation: 2021
McKinsey & Company:
2014-2020
Northeast States Emergency
Consortium: 2013-2014
EDUCATION/CERTIFICATION
Master of Urban and Regional
Planning, Transportation Policy
and Planning, University of
California, Los Angeles: 2022
Bachelor of Arts, Architectural
Studies, Tufts University: 2013
AWARDS
Recipient of the Dwight D.
Eisenhower Transportation
Fellowship Program
Graduate Fellowship
BEN SILVERSTEIN
16
Jennifer is the President and founder of Toole Design, a firm that specializes in
bicycle and pedestrian transportation headquartered in Maryland, with 18 offices
throughout the United States and a staff of over 200 employees. As a certified urban
planner with a degree in Landscape Architecture, Jennifer’s experience includes
hands-on project design as well as national and statewide research and planning
initiatives. Jennifer served as the Principal Investigator for the 2012 edition of
American Association of State Highway Transportation Officials’ (AASHTO) Guide for
the Development of Bicycle Facilities and is co-authoring the forthcoming update to
the Guide. Jennifer co-authored numerous award-winning street design manuals at
the local, state, and national levels. She served three terms as the President of the
Association of Pedestrian and Bicycle Professionals (APBP) and in 2008 received
one of the organization’s highest honors: the Professional of the Year Award.
SELECTED PROJECT EXPERIENCE
Greensboro Bicycle, Pedestrian, and Greenways Plan, Greensboro, NC
Jennifer served as an expert subconsultant in the development of the bicycle and
pedestrian portions of this study, including extensive public outreach, detailed field
analysis of Greensboro’s arterial and collector street system, and a implementation
plan that sets forward project priorities and program actions for the next 20 years.
The City of Greensboro is actively implementing the Plan and has already begun to
install on-road bikeways that were identified in the Plan.
Anacostia Riverwalk Trail, Washington, DC
Jennifer served as the Principal-in-Charge for Toole Design’s work on the Anacostia
Waterfront Trail in Washington, DC. She oversaw all major aspects of trail design,
assisted with public outreach materials, and oversaw coordination of the project
with major stakeholders in the District of Columbia.
University of North Carolina - Charlotte Circulation Master Plan, Charlotte, NC
Jennifer served as the Principal-in-Charge for this non-motorized circulation study.
Her role included oversight of all recommendations, including the preparation
of concept plans for shared streets, campus bike paths, and intersection
improvements to accommodate bicyclists. She also led project presentations to a
committee composed of campus staff, faculty and students.
ADDITIONAL PROJECT EXPERIENCE
PeopleForBikes Big Jump: New Orleans Final Mile, New Orleans, LA
FHWA Achieving Multimodal Networks: Applying Design Flexibility and Reducing Conflicts
Northwest Corridor Bicycle/Pedestrian Accessibility Study, Denver, CO
Great Allegheny Passage Design Assessment Study, Pittsburgh, PA
Connect Historic Boston, Boston, MA
FHWA Accessible Shared Streets Guide
Patuxent Branch Trail Extension Study, Howard County, MD
STRATEGIC ADVISOR
PROFESSIONAL HIGHLIGHTS
Years of Experience: 34
Toole Design: 2003-Present
Sprinkle Consulting: 1999-2003
The RBA Group: 1997-1999
Greenways Incorporated:
1988-1997
EDUCATION/CERTIFICATION
Bachelor of Environmental
Design, Landscape
Architecture, North Carolina
State University: 1990
American Institute of
Certified Planners
S E L E C T PUBLICATIONS
NCHRP 15-37-Revising
the AASHTO Guide for the
Development of Bicycle
Facilities: 2011
NCHRP 20-07-Update of the
AASHTO Guide for the Planning,
Design and Operation of
Pedestrian Facilities
APPOINTMENTS/AFFILIATIONS
Technical Advisory Board,
University of Maryland School
of Architecture and Urban
Planning: 2008-2014
President of Board of Directors,
Association of Pedestrian and
Bicycle Professionals:
2000-2003
Two Term Chair - NC Trails
Committee NC Division of
Parks: 1994-1997
JENNIFER TOOLE, AICP, ASLA
17
Alex is a senior landscape architect with both public and private sector experience on
projects of all program types and scale. He specializes in the design, coordination, and
documentation efforts required to build successful projects. Alex places a high value
on understanding each projects unique context including local history, plants and
material, construction means and methods, and programming. He has served clients
around the world by leading and contributing to teams working on master plans,
public realm improvements, mixed use developments, and urban redevelopment.
SELECTED PROJECT EXPERIENCE
Upper Harbor Terminal Park Concept Plan and Improvements, Minneapolis, MN (2022)
Toole Design is leading the development and design of pedestrian and bicycle trails
along the Mississippi River. The trail system is part of a larger development that
includes a public park, mixed-use development, stormwater BMP’s, and river’s edge
restoration. Alex is the Project Manager and is assisting the team in developing the best
route and details for the pedestrian and bicycle trails. Given the projects close proximity
to the Mississippi River, attention to the trails horizontal and vertical alignment is critical
to ensure the design naturally fits into the existing grades. Alex uses his vast experience
in design, development, and construction observation to accomplish this goal.
Smale Riverfront Park - Carol Ann’s Carousel, Cincinnati, OH (2015)
Alex was part of a team charged with redeveloping a significant waterfront site
in Cincinnati. Previously a vacant lot, the site was transformed into a vibrant and
accessible urban plaza. Alex led the team through documentation and construction,
mentoring younger staff along the way.
Tom Hanafan’s River’s Edge Park Phase 2, Council Bluffs, IA (2017)
Alex was the lead landscape architect during the construction documentation
phase. He directed and mentored staff to develop plans, details, and specifications
necessary for bid and construction. Alex used his previous experience on complex
site projects to ensure the project was built on time, within budget, and to the
original design intent. Tom Hanafan’s River’s Edge Park - Phase 2 required in-depth
coordination with outside consultants to see a number bespoke site elements came
to fruition. The park includes five different types of water features, various play
elements, furniture, decking, and custom detailing throughout. Alex enjoys solving
complex design solutions with simple and long-lasting details, all while keeping
budget and maintenance in mind.
Three Rivers Park District (TRPD) CP Rail Regional Trail - Segments E + F,
Golden Valley, New Hope, and Crystal, MN (2022)
Toole Design is contracted to provide planning support in identifying the preferred
route for a portion of the CP Rail Regional Trail. Alex is the Project Manager, working
with our experienced team of planners, to identify the ideal route for the regional
trail. He is leading the team in studying available right-of-way, Average Daily Traffic
(ADT) counts, rough order of magnitude (ROM) construction costs, grading, and
connections to destinations, to determine the trails preferred alignment.
SENIOR LANDSCAPE ARCHITECT
PROFESSIONAL HIGHLIGHTS
Years of Experience: 14
Toole Design, 2021-Present
Coen+Partners: 2018-2021
Sasaki Associates: 2008-2018
EDUCATION/CERTIFICATION
Bachelor of Science,
Landscape Architecture,
Purdue University: 2008
Professional Landscape
Architect: CT
ALEX KOUMOUTSOS, PLA
18
Henry is a planner with a background in geography. He has experience working
on multimodal transportation projects at the public, private and agency level, and
specializes in comprehensive planning, GIS analysis and visual communications.
He is passionate about using maps and graphics to bring complex data to life
and tell compelling stories about the places we love. He has worked with cities
and DOTs across the southeast on transit system redesigns, pedestrian safety
initiatives, and bicycle and pedestrian master plans.
SELECTED PROJECT EXPERIENCE
Raleigh Greenway Master Plan Update, Raleigh, NC
Henry is leading the planning team to develop a master plan update for the Raleigh
Greenway System. The plan builds on the success of the 100+ mile greenway
system and lays out an action-based strategy for building new trails and reinvesting
in the existing system. Henry is responsible for designing in-person and virtual
community engagement materials and creating text, graphics, and layout design for
the final plan document.
Central Arkansas Regional Greenways Plan, AR
As a planner for the regional greenways plan, Henry is developing design guidance
for a strategic network spanning four counties. He is responsible for designing
a decision matrix which will identify the appropriate trail classifications and
necessary crossing treatments at trail intersections. His work focuses on context
sensitive approaches which incorporate best practices for bicycle and pedestrian
safety. Henry is also providing valuable input on the prioritization criteria for new
trail alignments and is assisting with the graphics and design of the final report.
Athens in Motion Communication Strategy, Athens, GA
Building on the Athens in Motion Bicycle and Pedestrian Plan, Henry worked with the
planning team to create a unique communications strategy for walking and biking
in Athens. Project deliverables included a comprehensive branding and marketing
guide for the Athens in Motion Commission as well as guidance for when, where,
and how to deploy safety messaging campaigns in the future. Henry developed color
schemes, fonts, logos, and templates for presentations, memos, outreach materials
and social media posts.
PLANNER
PROFESSIONAL HIGHLIGHTS
Years of Experience: 4
Toole Design: 2018-Present
Jaunt Regional Transit:
2019-2020
City of Charlottesville: 2018
EDUCATION/CERTIFICATION
Master of Science, Urban
and Environmental Planning,
University of Virginia: 2021
Bachelor of Arts, Geography,
Virginia Tech: 2018
HENRY COHEN
19
Bonnie is a landscape designer who is passionate about creating strong,
sustainable urban places. She has a wide variety of experience both in the
eastern United States and internationally. Bonnie is extremely talented in
developing visualization products to assist the public and key decision-makers
in understanding the design intent of recommendations. She is adept at
perspectives, SketchUp renderings, photo simulations, branding and marketing,
and gateway and wayfinding signage.
SELECTED PROJECT EXPERIENCE
Mary Black Rail Trail Neighborhood Connectivity Review, Spartanburg, SC
Bonnie worked as the lead designer to make connectivity improvements to the Mary
Black Rail Trail from the neighborhoods that surround it. The goal of the project
is the improve safety and accessibility to the trail through designating primary
connections and recommending design tools specific to road conditions. Bonnie’s
role included analysis and design of the connectivity network as well as the creation
of content and graphics of a design recommendations guide.
Westside Trail Access Point, Atlanta, GA
Bonnie is working as a designer of the trail access point. The project seeks to
connect bicycle and pedestrian facilities of neighboring roadways to the Atlanta
Beltline. Bonnie’s role in the project has been in creating conceptual designs and
graphic representation of off-road facilities and programming.
Spartanburg Regional Pedestrian Plaza and Circulation Design, Spartanburg, SC
As an urban designer, Bonnie is part of a team working to transition short-term
improvement strategies to constructed solutions to the hospital campus. The goals
of the project are to improve safety and circulation for pedestrians and vehicles
alike. Bonnie’s roles includes design, construction documentation, and construction
administration of the pedestrian plaza, patient drop-off area, and pedestrian
receiving zone.
Morganton Parks Master Plan, Morganton, NC
Bonnie worked as a designer for the City’s plan. The goal of the project was to
provide the city with better trail connectivity to parks and schools. Bonnie’s role
included creation of content and graphics for routing guidelines and the design and
graphic representation of a shared use path connecting to downtown and creation of
detailed site element and cost estimate needs for priority trails.
Reimagining Richardson Park, Spartanburg, SC
Bonnie was a lead designer in the creation of concepts for the redesign of the park.
The downtown park, which is currently underutilized and perceived as dangerous,
is in close proximity to a school in need of play space. Bonnie created design
concepts for the park and further developed them, along with the graphic design of
presentation materials for the client.
LANDSCAPE DESIGNER
PROFESSIONAL HIGHLIGHTS
Years of Experience: 9
Toole Design: 2017-Present
US Peace Corps: 2015-2017
LittleJohn Engineering: 2014-2015
AECOM: 2012-2014
Krent Wieland Design: 2011-2012
EDUCATION/CERTIFICATION
Master of Landscape
Architecture, University of
Florida: 2011
Bachelor of Science,
Agriculture Education,
University of Florida: 2008
BONNIE MOSER
20
Isabella is an engineer in Toole Design’s Orlando Office. As an undergraduate at the
University of Notre Dame, Isabella worked to address cities most pressing needs
through a holistic lens – majoring in both Political Science and Civil Engineering.
She combines experiences working in international development, having worked
with the Pulte Institute on a potable water access project in Colombia, Policy
development, having served as a congressional intern, with technical experience in
transportation system design to form truly equitable and sustainable multimodal
transportation solutions.
SELECTED PROJECT EXPERIENCE
Flowing Springs Trail, Ranson, WV
Isabella is part of the team working on creating a recreationam multi-use trail
in Ranson. Currently in stages of preliminary engineering, Isabella has aided in
the initial conceptual design and is currently working on project renderings and
Microstation work.
Clemson Campus Bikeways Master Plan, Clemson, SC
An effort to review and offer updated recommendations to Clemson University’s
bikeway master plan, Isabella is serving as an engineer. To address found existing
connectivity gaps along Highway 93 she has helped create intersection concepts
plans on both Illustrator and AutoCAD.
Project Ricardo, Bogota, Colombia
Isabella served as an undergraduate researcher, travel team member and
translator for this project—a community development project that focused on
increasing potable water access in Arcabuco, Colombia. Isabella aided in leading
community workshops, and was responsible for individually leading small group
breakout sessions with community members, local government officials and
engineers. Further responsibilities included ArcGIS data mapping and condensing of
raw data and household interviews into written reports.
Tesla Design Studio, South Bend, IN
Isabella worked as a student project manager for a group of undergraduates
tasked with crafting a human and material flow proposal for the Tesla Gigafactory
in Sparks, Nevada. She was responsible for drafting and rendering the proposal as
well as simulation validation.
City of South Bend Transportation Project, South Bend, IN
As an intern, Isabella worked on the city of South Bend Transportation project, which
aimed to understand user behavior of the Transpo Bus System. She was responsible
for surveying users, aggregating user responses, and provided analysis.
ENGINEER
PROFESSIONAL HIGHLIGHTS
Years of Experience: 2
Toole Design: 2021-Present
Congressional Hispanic Caucus
Institute: 2019-2021
Pinter Consulting: 2019
EDUCATION/CERTIFICATION
Bachelor of Science, Civil
Engineering, University of Notre
Dame: 2021
Bachelor of Arts, Political
Science, University of Notre
Dame: 2021
ISABELLA DELGADO-CASTILLO
21
Savannah is an engineer who has worked closely with project managers, clients,
and municipalities to design residential, commercial, and public properties.
Savannah is skilled in AutoCAD and Civil3D and has used these tools to complete
layouts, utility design, stormwater management practices, erosion control, and
other aspects of project design. Savannah also has assisted in quantity takeoffs and
cost estimates, and she has attended public meetings.
SELECTED PROJECT EXPERIENCE
8th Street Gateway Park Master Plan, Bentonville, AR
Savannah was involved in developing one of the options for the main intersection
leading to a proposed park in Bentonville, AR. Savannah used AutoCAD to create a
protected intersection option for 8th Street and Melissa Drive that allowed all users
to cross safely while also using AutoTURN to ensure the intersection was able to
accommodate emergency vehicles such as fire trucks.
Raleigh Greenway Master Plan Update, Raleigh, NC
Savannah helped host a stakeholder meeting and led a breakout group as part of
this project’s public outreach process. Savannah ensured that all voices felt heard
during facilitated conversations, and she collected data that informed the greenway
master plan update.
Suwanee Trail Study, Suwanee, GA
Savannah used existing aerial and Gis data to lay out additions to Suwanee’s trail
system to help connect the existing trails and provide a loop concept for the city.
She used her design to create preliminary cost estimates.
FDOT—Updates to the Florida Design Manual
Savannah conducted research on all existing design and planning guidance on
separated bike lanes and used her findings to develop several memos to aid FDOT
in creating their own section on separated bikes lanes in their future Florida
Design Manual.
ENGINEER
PROFESSIONAL HIGHLIGHTS
Years of Experience: 5
Toole Design: 2019-Present
Timmons Group: 2016-2019
EDUCATION/CERTIFICATION
Bachelor of Science,
Civil Engineering,
North Carolina State
University: 2016
Professional Engineer: NC
SAVANNAH LANGKAMP, PE
22
PROPOSED SCHEDULE
2023 2024
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
TASK 1: PROJECT ORGANIZATION
Coordination
Community Engagement Plan
Kickoff Workshop
TASK 2: EXISTING CONDITIONS ANALYSIS
Guiding Documents Review
Site Visit
Demographic Analysis
Parks and Recreation Benefits and Value Analysis
Park Performance Evaluation
Recreation Programs Performance Evaluation
GIS Mapping
TASK 3: NEEDS AND PRIORITIES ASSESSMENT
Public Engagement
Trends Analysis
Level of Service Analysis & Needs Assessment Report
TASK 4: LONG RANGE VISION AND PLANNING RECOMMENDATIONS
Visioning Workshop
Long Range Land Planning Policy
TASK 5: IMPLEMENTATION FRAMEWORK
Implementation Strategies Workshop
Costs and Phasing Plan
Deliverables/Presentations
Notes:
▪This project is anticipated to be completed within 12-14 months of kickoff.
▪There are a combination of virtual and in-person meetings and activities planned with emphasis on in-person. The project team is prepared to pivot to all
virtual meetings should local conditions change. Our team’s highest priority is the safety and comfort of City of Clearwater staff members and local residents.
▪The schedule can be refined during the kickoff workshop and as a result of the Community Engagement Plan (Task 1)
▪The final presentation data will be determined by public meeting dates that are not currently published.
23
SCHEDULE OF MAJOR DELIVERABLES
DELIVERABLE SCHEDULE
Project Management Plan Within two weeks of NTP
Community Engagement Plan Within two weeks of NTP
Summary of Kickoff Workshop Within two weeks of Workshop
Project Website and Online Input Map End of Month 3
Task 2 Memo including Benefits and Value Analysis and Recreation Programs Analysis End of Month 5
Engagement Meeting and Workshop Materials End of Month 3
Summary memos for focus groups, stakeholder meetings, community workshops End of Month 6*
Summary of Trends and Level of Service Model End of Month 7
Visioning Workshop Summary Within two weeks of Workshop
Policy Issues and Recommendations Summary Memo End of Month 9
Implementation Strategies Workshop Summary Within two weeks of Workshop/early Month 11
Costs and Phasing Plan End of Month 11
Draft Master Plan End of Month 11
Final Master Plan End of Month 12
*First draft will cover initial round of engagement activities, final draft will cover all engagement activities
24
Residents of Sulphur Springs had long abandoned the Main Street, Heritage
Square, and the downtown in favor of big box retail stores that had developed
along the highway bypass. Through the Downtown Revitalization Plan, Toole Design
transformed Sulphur Spring’s vacant downtown back into a vibrant hub of business
and public life, earning the City a Rudy Bruner Award.
In the Spring of 2021, the City asked Toole Design to help further Sulphur Springs’s
revitalization, this time with a focus on Downtown West. Using a design charrette,
Toole Design collaborated with property owners, City staff, stakeholders, and
residents to learn about the community’s aspirations, history, challenges, constraints,
and values. We used their input to create starter ideas, developing these ideas over
time into detailed plans that had the backing and support of the community.
The resulting plan features a linear park with a stream, lake, paths, passive and active
places, special plantings, and interpretive features. A mixed-use development will
have residential space towards the north and then becomes increasingly active and
mixed with commercial space towards the south and around the lake. The streets and
bridges were designed to be highly accessible, slow, shaded, contextual, and beautiful.
Once built, West Downtown will feature denser housing types, live/work opportunities,
active and passive recreation, and amenities, effectively transforming into a local and
regional destination.
CLIENT
City of Sulphur Springs
Marc Maxwell, City Manager
125 S. Davis Street
Sulphur Springs, TX 75482
903.885.7541
mmaxwell@sulphurspringstx.org
SULPHUR SPRINGS, TX
SULPHUR SPRINGS WEST DOWNTOWN
LINEAR PARK AND URBAN DESIGN PLAN
25
Toole Design led a team of experts in the fields of parks and recreation system
planning and ecological planning to deliver a Countywide Parks, Preserves, and
Recreation Master Plan. Toole Design also conducted project management and
contract administration.
The Plan created a premier park, preserves, and recreation system that
leverages Sarasota County’s existing assets and provide necessary tools and
recommendations to better manage and promote current and future trails, parks,
preserves, and recreation facilities.
The Toole Design Team applied a collaborative, comprehensive and data-driven
approach to the development of the Parks, Preserves, and Recreation Master Plan.
It is grounded in a time-tested and proven systems master planning as well as
the latest research and proven techniques in the parks, preserve, recreation, and
trails industry. This approach enabled the County to achieve its long-term plan
for the nature and location of current and future parks, preserves, and recreation
facilities and programs to serve Sarasota County’s residents and visitors.
Toole Design led or supported the following tasks: site inventory and analysis,
public engagement, needs and demand assessment, long range visioning,
recreational planning, active transportation and trail connectivity planning, and
recreational facility conceptual site design.
CLIENT
Sarasota County Parks,
Recreation, and Natural
Resources
Carolyn Brown, Director
1660 Ringling Boulevard
Sarasota, FL 34236
941.861.5483
cnbrown@scgov.net
SARASOTA COUNTY, FL
SARASOTA COUNTY PARKS, PRESERVES,
AND RECREATION MASTER PLAN
26
CLIENT
City of Morganton
Rob Winkler, Parks and
Recreation Director
PO Box 3448
Morganton, NC 28680
828.438.5351
rwinkler@ci.morganton.nc.us
MORGANTON, NC
As part of a multidisciplinary team, Toole Design assisted the City of Morganton
Parks and Recreation Department with the development of a master plan for City’s
the parks and trails.
Going beyond the traditional online survey, the public engagement strategy for this
project included pop-up meetings and intercept engagement along the Catawba
River Greenway, at Catawba Meadows Opening Night of Baseball, and at community
events including the Red, White, and Bluegrass Festival. These events allowed the
TDG Team to present basic information about the Master Plan and provide flyers
with a link to an online survey that asked for insight on existing park facilities and
trails and preferences for new program activities.
The Toole Design Team identified both on- and off-street alignments for a bicycle
and pedestrian network throughout the City. There are four primary objectives for
the network: 1) connect to the existing park facilities; 2) connect to the primary and
secondary schools; 3) connect to Downtown Morganton; and 4) establish Morganton
as a regional destination for outdoor recreation tourism.
Toole Design developed best practice trail design standards for the City. The
standards are for both on- and off-street applications, providing visual cross
section trail graphics and detailed descriptions of the types of trails and their
individual benefits.
This Plan will result in safe and convenient access to City parks, schools, and
destinations throughout the community, with the added benefit of trails that not only
serve as recreational amenities, but also as transportation facilities.
MORGANTON PARKS AND TRAILS MASTER PLAN
27
Toole Design assisted the Town of Edisto Beach in creating a comprehensive
recreation master plan. Edisto Beach has three parks, a bike path system, a
tennis/pickleball court, and 38 beach access points with over 200 related off-
street parking spaces. Prior to the planning process, the Town lacked a unified
strategy for addressing how recreational components work together as a system.
The plan provides actionable steps for connecting recreational assets and beloved
community destinations through a high-comfort pedestrian and bicycle network.
The plan’s recommendations are grounded in feedback from the community
through in-person and on-demand engagement activities as well as on-site
fieldwork. In addition to supporting healthy lifestyles, the plan incorporates
resiliency through design and use of low-maintenance materials that are
representative of the Low Country. A focus on implementation sets Edisto Beach
up for success through a phased roll out of priority projects and key partnerships
to leverage the Town’s resources.
CLIENT
Town of Edisto Beach
Mark Aakhus
Assistant Town Administrator
2414 Murray Street
Edisto Beach, SC 2943
843.869.2505 x212
maakhus@townofedistobeach.com
EDISTO BEACH, SC
EDISTO BEACH RECREATION MASTER PLAN
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Procurement by Competitive Proposals
FORWARD PINELLAS PLANNING CONSULTANTS
#20-01
Information on all Forward Pinellas procurements is available online at forwardpinellas.org.
1. Purpose and Services. Forward Pinellas is requesting proposals from qualified firms to provide
planning support. The full scope of services is available in Exhibit A (Scope of Services).
Forward Pinellas anticipates selecting multiple planning consultants to assist with a range of
planning activities and functions as outlined in Exhibit A. Proposals may include the entire Scope
of Services, or a portion thereof. Specialized firms are encouraged to apply, and are preferred
over firms utilizing subconsultants for completion of the Scope of Services.
No minimum amount of work resulting from this solicitation is guaranteed. Work will be
performed on a work order/assignment basis, with a negotiated scope of service based upon
Exhibit A, price and schedule.
Forward Pinellas planning consultants may also be used by partner agencies, including local
governments.
2. Background. Forward Pinellas is the fictitious name for the Pinellas Planning Council (PPC) and
Pinellas County Metropolitan Planning Organization (MPO). The PPC and MPO governing board
memberships are the same and the unified agency has a shared Executive Director.
The MPO receives federal and state grant funding to conduct transportation planning efforts. This
funding is detailed in the Unified Planning Work Program (UPWP), a two-year document that is
the basis for work conducted under MPO tasks. The PPC is primarily funded through local property
tax and has an established budget that is adopted annually.
Forward Pinellas is focused on the integration of land use and transportation planning throughout
Pinellas County. The agency works closely with its partners throughout the county and region. In
2019, the Forward Pinellas Board adopted Advantage Pinellas, an integrated land use and
transportation plan for Pinellas County through 2045.
3. Proposal Requirements. Each respondent must contain and/or address:
• Name and address of the submitting firm;
• Email address and phone number for the proposed project manager;
• Letter addressing:
#20-01 Forward Pinellas Planning Consultants 2/28
o Key personnel, including titles and/or classifications with qualifications and
overall roles and responsibilities;
o Narrative demonstrating the firm’s understanding of Forward Pinellas’s needs;
o Examples of relevant experience, including innovative planning projects,
techniques and/or applications;
• Minimum of three references for whom you have performed similar work;
• Disadvantaged Business Enterprise (DBE) certification and participation status, or other
MBE, SBE participating status and supporting certificate;
• Complete rate structure (Exhibit B); and
• Certificate of Insurance.
No more than 10 single-sided pages may be submitted. Resumes shall be limited to a two-page
maximum, and will not count towards the page limit, and may be included as part of an appendix.
Certificates may also be included as part of an appendix. Lengthy appendices are highly
discouraged.
4. Selection Schedule.
Forward Pinellas reserves the right to change the schedule below as necessary. Any changes will
be posted to the Forward Pinellas website.
Procurement issued February 13, 2020
Questions due* February 28, 2020, 2 p.m.
Responses to questions posted March 4, 2020, 2 p.m.
Proposals due to Forward Pinellas March 19, 2020, 1 p.m.
Selection committee meeting to shortlist firms for presentation** April 6, 2020, 1 p.m.
Presentations April 23 – May 1, 2020
Selection committee meeting May 1, 2020, 2 p.m.
Recommendation to Forward Pinellas Board May 13, 2020
*Questions must be submitted via email to scaper@forwardpinellas.org.
**Forward Pinellas reserves the right to shortlist firms if necessary.
5. Response Evaluation. Respondents must be licensed by the State to do business in Florida and be
qualified to perform the advertised work requirements.
A selection committee of Forward Pinellas staff and representatives from partner agencies shall
review and rank the proposals. Proposals are to remain in effect for 120 calendar days from the
date of submission. Forward Pinellas reserves the right to reject any or all proposals, or negotiate
changes to the proposals whenever such rejection, waiver or negotiations is in the best interest
of Forward Pinellas.
Forward Pinellas staff will negotiate contracts with the highest ranked and qualified firms.
Forward Pinellas anticipates selecting multiple planning consultants. Notwithstanding, Forward
Pinellas reserves the right but not the obligation to reject any or all proposals for any reason,
including but not limited to if the procurement does not elicit at least three competitive
solicitations from qualified sources. The contract shall be in substantial compliance with the
contract attached hereto as Exhibit C.
#20-01 Forward Pinellas Planning Consultants 3/28
The award shall be made to a responsible firm whose proposal is most advantageous to Forward
Pinellas, taking into consideration price and other relevant factors, listed below along with total
possible points. Disadvantaged Business participation is automatically assigned based on the use
of appropriately certified DBEs, MBEs, or SBEs. All proposals must address the factors used in the
evaluation process.
Evaluation of all firms:
• Demonstrated understanding of the portion of the Scope of Services relative to the firm’s
expertise in the proposal and Forward Pinellas’s needs (0-40 points)
• Approach and project management (0-30 points)
• Experience and ability (0-40 points)
• Price (0-3 points)
• Participation by Certified Disadvantaged Businesses (e.g. DBE, MBE, SBE) (0 or 7 points)
• Completeness of Proposal (0 or 5 points)
Forward Pinellas reserves the right to shortlist firms. Presentations will be required of shortlisted
firms and will contribute towards the evaluation of firms. Specific guidance regarding
presentations may be provided by the selection committee at its first meeting and will conveyed
to all firms through a memorandum issued after the meeting.
Presentations will be evaluated on:
• Presentation quality and demonstrated ability (0-25 points)
• Project management (0-20 points)
• Understanding, approach and experience (0-20 points)
• Innovative concepts and/or ideas (0-10 points)
The award shall take into account all of the evaluation factors, for a possible total of 200 points
per selection committee member. The total points from each selection committee member will
be added together for a final score.
6. Contact and Submittal Information. All correspondence concerning this procurement must be
submitted to:
Sarah Caper, AICP
310 Court Street
Clearwater, Florida 33756
scaper@forwardpinellas.org
727-464-5695
Questions are allowed and all responses will be posted to the Forward Pinellas website. All
questions and corresponding responses will follow the schedule on page 2.
Interested firms must mail two hard copy responses and one electronic copy (flash drive or CD) in
pdf format to arrive no later than the scheduled due date and time. Proposals may also be hand
delivered.
#20-01 Forward Pinellas Planning Consultants 4/28
7. Additional Requirements.
Funding and Agreement: This effort may be funded by federal grants that Forward Pinellas
receives as the MPO and also with local funding that Forward Pinellas receives as the PPC. The
following requirements are required of proposers and are reflected in the draft agreement
(Exhibit C). Proposers are strongly encouraged to notify Forward Pinellas in advance of the
deadline with any proposed changes to the Exhibit C. Proposed changes shall not be taken into
account during the selection process, but may not be accepted by Forward Pinellas.
Notification of Crime Conviction: Each applicant shall notify Forward Pinellas within 30 days after
a conviction of a contract crime applicable to it or any officers, directors, executive, shareholders
active in management, employees, or agents of its affiliates. Under Section 337.164, F.S., the
privilege of conducting business with Forward Pinellas shall be denied to applicants so convicted
until such applicant is properly reinstated pursuant to Section 337.165, F.S., and Rule 14-75, F.A.C.
Federal Debarment: By signing and submitting a Proposal, the firm certifies that no principal
(which includes officers, directors, or executives) is presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation on this transaction by
any federal department or agency.
Equal Opportunity and Disadvantaged Business Enterprise Program Statement: Forward
Pinellas, as the metropolitan planning organization for Pinellas County, does not discriminate on
any basis, as required by 49 USC 5332 (which prohibits discrimination on the basis of race, color,
creed, national origin, sex or age in employment or business opportunity), Title VI of the Civil
Rights Act of 1964, as amended 42 USC 2000d to 2000d-4, and Title 49 CFR, Part 21. Forward
Pinellas ensures, in accordance with 49 CFR Part 26, that certified Florida Department of
Transportation DBE participants have an equal opportunity to receive and participate in FDOT
assisted contracts. More information on the MPO’s DBE Program may be found on the Forward
Pinellas website.
Lobbying. Lobbying of Forward Pinellas employees and elected officials regarding this
procurement by any member of a proposer’s staff, or those people who are members of, or
employed by, any legal entity affiliated with an organization that is responding to the
procurement is strictly prohibited. The purpose of this prohibition is to protect the integrity of the
procurement process by shielding it from undue influences prior to the contract award, or the
competitive selection process is otherwise concluded. Such actions shall cause your proposal, or
the proposal you are supporting, to be rejected.
Truth in Negotiations: The firm certifies to the truth-in-negotiation and that wage rates and other
factual unit costs supporting the compensation are accurate, complete and current at the time of
contracting. Further, the original contract amount and any additions thereto shall be adjusted to
exclude any significant sums where the Forward Pinellas determines that costs were increased
due to inaccurate, incomplete or non-current wage rates and other factual unit costs.
8. Dispute Resolution. The following procedures apply to protests and the resolution of disputes,
based on the Forward Pinellas Internal Control Structure Policy Manual.
#20-01 Forward Pinellas Planning Consultants 5/28
Applicability. Any actual or prospective bidder or proposer, or contractual party, who is allegedly
aggrieved in connection with the issuance of a bid/proposal or pending award or validly executed
contract may protest to the Executive Director.
Filing. A formal written protest shall be filed no later than 5:00pm on the fifth (5th) full business
day after issuance of the bid or proposal, or alleged violation of a contract, unless altered by the
specific provisions in the bid/request for proposal or contract. Written protest shall be addressed
to the Forward Pinellas Executive Director. A protest is considered filed when the Executive
Director actually receives it. Failure to file a formal written protest within the time period specified
shall constitute a waiver of the right to protest. If the deadline to file falls on a County or legal
holiday, the deadline shall be extended to 5:00pm of the next full business day.
Written protest requirements. The formal written protest shall identify the protesting party and
the solicitation involved; include a clear statement of the grounds on which the protest is based;
refer to the statutes, laws, ordinances, or other legal authorities which the protesting party deems
applicable to such grounds.
Authority to resolve. The Executive Director shall have authority to resolve the protest in a fair
and equitable manner and shall render a written decision stating the reason for the action with a
copy furnished to the protesting party and all substantially affected persons no later than 5:00pm
on the fifth (5th) full business day after the filing thereof. If the deadline to respond falls on a
County or legal holiday, the deadline shall be extended to 5:00pm of the next full business day.
If it is determined that the solicitation or award is in violation of law or regulations and procedures
of the bid/proposal package, the Executive Director shall immediately cancel or revise the
solicitation or award as deemed appropriate. If the Executive Director determines that the
contract has been breached, the Executive Director shall take immediate steps to cure said
breach.
If it is determined that the solicitation or award shall be upheld, or that the contract at issue has
not been breached, the Executive Director shall issue a decision in writing pursuant to the
requirements herein, which shall be final and conclusive as to Forward Pinellas, unless any further
action is taken with the appropriate Federal entity or the protester commences an action in court.
The Executive Director shall inform the Board of the protest, at a minimum, but may seek Board
approval or guidance in the resolution process.
Sole remedy/exhaustion of administrative remedies. These procedures shall be the sole remedy
for challenging an award of bid and the terms of the final contract. A protestor must seek a
remedy pursuant to these procedures before pursuing a protest with the applicable Federal
agency.
Stay of procurement and performance during protests. There shall be no stay of procurement or
contract performance during protests.
#20-01 Forward Pinellas Planning Consultants 6/28
Exhibit A
#20-01 Forward Pinellas Planning Consultants 7/28
Forward Pinellas
Planning Consultants
Scope of Services
Forward Pinellas is looking for planning consultants to support the agency’s planning functions, which
generally fall into five related categories: multimodal transportation planning and analysis, economic
analysis, communications and public involvement, urban design and land use and redevelopment. Firms
that are specialized are encouraged, as are firms with the ability to perform a range of services. Forward
Pinellas is not looking to select teams.
Anticipated planning efforts may include, but are not limited to:
• Multi-modal corridor studies
• Site planning and area master plans
• Feasibility studies
• Market assessments
• Complete Streets concept plans
• Bicycle, pedestrian, trail and micro-mobility planning
• Design and implementation of Vision Zero efforts
• Community outreach, engagement and facilitation
• Storytelling
• Visualization
• Land use analysis
• Transportation plans
• Transit oriented development
• Performance and trend measurement and reporting
• Historic preservation & development review
Forward Pinellas held a webinar on February 4, 2020 that reviewed the agency’s goals and anticipated
work. The webinar is available online at http://forwardpinellas.org/public-notice/forward-pinellas-to-
hold-information-session-for-planning-consultant-procurement/. Questions are encouraged and may be
submitted as outlined in the procurement materials.
#20-01 Forward Pinellas Planning Consultants 8/28
Exhibit B
#20-01 Forward Pinellas Planning Consultants 9/28
Proposed Rate Schedule
Hourly Rates (ranges)
Classification Low High
Chief Professional/Project Director $ $
Project Manager $ $
Senior Professional $ $
Project Professional $ $
Professional $ $
Senior Specialist $ $
Specialist $ $
Senior Technician $ $
Technician/Analyst $ $
Secretary/Clerical $ $
Other: ____________________ $ $
1. These rates are loaded (includes overhead, fringe benefits, facility capital costs, operating
margin or out-of-pocket expenses).
2. The hourly rate structure may be negotiated by Forward Pinellas after the selection of
consultants and agreed-upon rates will be included in the agreement between the Forward
Pinellas and the consultant.
3. The agreed-upon hourly rate structure may be re-negotiated at renewal periods of the
agreement, or at the discretion of Forward Pinellas.
4. The hourly rate structure applies to the consultant and any sub-consultants.
5. Individual rates will be determined at the time of each work order and/or scope of services and
must fall within this rate structure.
#20-01 Forward Pinellas Planning Consultants 10/28
Exhibit C
#20-01 Forward Pinellas Planning Consultants 11/28
DRAFT
Agreement for Planning Consultants
This agreement (AGREEMENT) is made and entered into this ______ day of _____________, 2019,
between Forward Pinellas, in its role as the Pinellas County Metropolitan Planning Organization (MPO)
and the Pinellas Planning Council (PPC) and ___________________ (CONSULTANT), collectively referred
to as the “Parties.”
Witnesseth:
Whereas, Forward Pinellas wishes to engage the services of CONSULTANT to assist with planning
efforts; and
Whereas, Forward Pinellas solicited competitive proposals to assist with such efforts, and selected
CONSULTANT as a successful applicant; and
Whereas, the CONSULTANT is qualified and has express willingness and ability to provide
aforementioned services.
Now, therefore, in consideration of the mutual covenants and promises contained hereinafter,
the Parties agree as follows:
1. Services to be Furnished by the CONSULTANT
The services described and provided for in Exhibit A (Scope of Services), attached hereto and incorporated
herein, which are based on Forward Pinellas competitive proposal solicitation #20-01, constitutes the
Scope of Services to be performed by CONSULTANT under this AGREEMENT. Materials or services
requested by Forward Pinellas shall be provided by the CONSULTANT in a timely manner.
The CONSULTANT shall maintain and adequate and competent professional staff so as to enable the
CONSULTANT to timely perform work under this AGREEMENT. The CONSULTANT agrees that whenever,
for any reason, one or more of the key personnel are unavailable for performance under this AGREEMENT,
Forward Pinellas may require the CONSULTANT to replace such individual(s) with an individual(s) of
substantially equal abilities and qualifications. Forward Pinellas may require the CONSULTANT to submit
a resume giving the full name, title, qualifications and experience for all successors and/or new persons
assigned to perform work under this AGREEMENT. Prior written consent of Forward Pinellas may be
required before the CONSULTANT may utilize said new personnel to perform work associated with this
AGREEMENT.
The CONSULTANT agrees to acquire and maintain sufficient legal, financial, technical and managerial
capacity to plan, manage and complete the work under this AGREEMENT. The CONSULTANT may associate
with specialists for the purpose of its services hereunder without additional cost to Forward Pinellas other
than those costs negotiated within the limits and terms of this AGREEMENT. The CONSULTANT is fully
responsible for the satisfactory completion of all subcontracted work and must require in all of its
subtracts that subcontractors are bound by all the terms of this AGREEMENT.
#20-01 Forward Pinellas Planning Consultants 12/28
Assignments shall be made through work task orders negotiated between Forward Pinellas and the
CONSULTANT.
2. Term
This AGREEMENT shall be effective July 1, 2020 upon proper execution by both Parties and shall remain
in effect until June 30, 2022. Two two-year extensions may be executed if agreed upon in writing by all
Parties.
3. Services to be Furnished by Forward Pinellas
Forward Pinellas shall provide the CONSULTANT copies or all existing and previously prepared
files/documents pertinent to the AGREEMENT, which Forward Pinellas may have in its possession, when
available. However, the onus is on the CONSULTANT to research, design, implement, hire or acquire any
component or any part of the project thereof deemed to be requisite for the satisfactory completion of
the Agreement.
Under no circumstances will Forward Pinellas be held liable or negligent for the perceived inability of any
of its employees to locate, retrieve, furnish, supply or provide any of the requested files needed by the
CONSULTANT.
Forward Pinellas personnel shall coordinate all releases of information to the public or other outside
agencies, unless otherwise discussed and documented by both parties. The CONSULTANT agrees that it
shall make no statements, press releases, or publicity releases concerning this AGREEMENT or its subject
matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or
furnished in compliance with this AGREEMENT, or any particulars thereof, during the period of this
AGREEMENT without first notifying Forward Pinellas and securing its prior written consent.
4. Invoice Requirements
The CONSULTANT shall be compensated on a reimbursement basis. The CONSULTANT shall submit
electronic invoices on a monthly basis. All invoices must include a progress report showing the actual tasks
performed and their relationship to the fee claimed. All progress reports and invoices shall be emailed to
the attention of the Forward Pinellas Executive Director, wblanton@forwardpinellas.org, or his Forward
Pinellas staff designee. Forward Pinellas may request additional information and evidence to support any
and all invoices for fees claimed to be earned by the CONSULTANT before Forward Pinellas processes the
invoices for payment. Invoices for fees or other compensation for services and expenses shall be
submitted to Forward Pinellas in detail sufficient for a proper pre-audit and post-audit.
Invoice submittals including a Disadvantaged Business Enterprise (DBE) shall include a DBE utilization
schedule, DBE usage and payments to a DBE as a separate line item and must be supported with the DBE’s
original invoice.
All services to be provided by the CONSULTANT under the provisions of this AGREEMENT shall be
performed to the reasonable satisfaction of the Forward Pinellas Executive Director. If the services
provided are not performed to the reasonable satisfaction of the Forward Pinellas Executive Director, the
Parties will agree upon steps to reach reasonable satisfaction. If this cannot be reached, this AGREEMENT
may be terminated.
#20-01 Forward Pinellas Planning Consultants 13/28
Forward Pinellas shall not approve payment for work done in order to correct errors or omissions on the
part of the CONSULTANT. Forward Pinellas in no way obligates itself to check or be liable for the
CONSULTANT’s work.
Within 60 calendar days of the AGREEMENT’s completion date or termination, the CONSULTANT agrees
to submit a final invoice, progress report, a certification of AGREEMENT expenses and third party audit
reports, as applicable.
5. Compensation
Upon Executive Director or designee approval of submitted invoices, Forward Pinellas shall make
payments as invoiced to the CONSULTANT in accordance with the following terms. These terms are
applicable to all fees incurred.
A variety of reimbursement payment methods may be used, such as Time & Materials, Upset Limit Fee or
Lump Sum Fee, due to nature of the work task order. The payment method for an individual work task
order will be agreed upon between Forward Pinellas and the CONSULTANT and will be clearly identified
before the work begins.
Forward Pinellas agrees to reimburse CONSULTANT for the performance of authorized services, which will
be conducted on a work task order basis. Authorized services shall be billed based on percent complete
of tasks, as shown in Exhibit B, attached hereto and incorporated herein. Reasonable business expenses
for requested travel incurred for the services performed by the CONSULTANT must be pre-approved and
follow Forward Pinellas’ travel guidelines.
The general cost principles and procedures for negotiation and administration, and the determination or
allowance of costs under this AGREEMENT, shall be as set forth in the Code of Federal Regulations, Titles
23, 48 and 49; and other pertinent federal, state, and local regulations, as applicable. In the event there
is a conflict between federal, state, and local regulations, the more restrictive of the applicable regulations
will govern.
6. Records
The CONSULTANT agrees to establish and maintain a set of accounts within the framework of an
established accounting system and procedures that can be identified with the AGREEMENT, in accordance
with applicable federal and state regulations and other requirements that FDOT and FHWA may impose.
The CONSULTANT agrees that all checks, payrolls, invoices, contracts, vendors, expenses, orders, or other
accounting documents related in whole or in part to the AGREEMENT shall be clearly identified, readily
accessible, and available to Forward Pinellas upon its request and, to the extent feasible, kept separate
from documents not related to the AGREEMENT. All costs charged to the AGREEMENT, including any
approved services contributed by the CONSULTANT or others, shall be supported by properly executed
payrolls, time records, invoices, contracts or vouchers describing the detail in nature and propriety of the
charges.
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The CONSULTANT agrees to refrain from drawing checks, drafts, or orders for goods or services to be
charged against the AGREEMENT until the CONSULTANT has received and filed in its records a properly
signed voucher describing in proper detail the purpose for the expenditure.
7. Reporting, Record Retention and Access
The CONSULTANT agrees to maintain intact and readily accessible all data, documents, reports,
accounting records, contracts, change order files (including documentation covering negotiated
settlements), and supporting materials relating to the AGREEMENT that the federal government, the state
government or Forward Pinellas may require during the course of the AGREEMENT and for five years
thereafter. Upon request, the CONSULTANT agrees to permit Forward Pinellas, the Secretary of
Transportation; the Comptroller General of the United States; and, if appropriate, the State of Florida or
their authorized representatives to inspect all AGREEMENT work, materials, payrolls, and other data, and
to audit the books, records, and accounts of the CONSULTANT pertaining to the AGREEMENT as required
by 49 U.S.C. § 5325(g).
For the purpose of such audits, inspections, examinations and evaluations, Forward Pinellas's agent or
authorized representative shall have access to said records from the effective date of the AGREEMENT,
for the duration of work, and until five (5) years after the date of final payment by Forward Pinellas to the
CONSULTANT pursuant to this AGREEMENT, or for the State of Florida’s applicable public records
retention schedule, whichever is longer.
Forward Pinellas' agent or authorized representative shall have access to the CONSULTANT’s facilities and
all necessary records in order to conduct audits in compliance with this Section. Forward Pinellas' agent
or authorized representative shall give the CONSULTANT reasonable advance notice of intended
inspections, examinations, and/or audits.
The CONSULTANT agrees that all reports and other documents or information intended for public
availability developed under this AGREEMENT and required to be submitted to Forward Pinellas must be
prepared and submitted in the original electronic format and in accordance with requirements that
Forward Pinellas may specify, understanding that Forward Pinellas reserves the right to request records
in other formats.
8. Ownership of Documents
All records, electronic files, documents, plans, specifications, evaluations, reports and other technical
data, other than working papers, prepared or developed by the CONSULTANT under this AGREEMENT are
the property of Forward Pinellas without restriction or limitation on their use and shall be made available
upon request to Forward Pinellas at any time. All such documents shall be delivered to Forward Pinellas
upon completion or termination of this AGREEMENT. The CONSULTANT, at its own expense, may retain
copies for its files and internal use.
Any and all reports, documents provided or created in connection with this AGREEMENT are and shall
remain the property of Forward Pinellas. In the event of termination of this AGREEMENT, any reports,
documents and other data prepared by the CONSULTANT, whether finished or unfinished, shall become
the property of Forward Pinellas and shall be delivered to Forward Pinellas’ Executive Director within
seven (7) days of termination of the AGREEMENT by either party.
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9. Indemnification
The CONSULTANT shall indemnify and hold harmless Forward Pinellas from all suits, actions, or claims of
any character brought on account of any injuries or damages received or sustained by any person,
persons, or property by, or in consequents of any neglect in safeguarding the work; or by on account of
any act or omission, neglect, or misconduct of the CONSULTANT; or by, or on account of any claim or
amounts recovered under the “Workers’ Compensation Law” or a law, bylaws, ordinance, order, or
decree.
The CONSULTANT shall pay Forward Pinellas all losses, damages, expenses, and costs that Forward
Pinellas sustains by reason of any default, any negligent act, error or omission, including patent
infringements on the part of the CONSULTANT, in connection with the performance of this AGREEMENT.
Nothing herein shall be construed as a waiver of Forward Pinellas’ sovereign immunity or further
limitation thereof beyond §768.28, Florida Statutes.
10. Required Certifications
The CONSULTANT shall obtain, execute and comply with the following certifications:
Insurance. The CONSULTANT shall obtain adequate insurance and provide a certificate of said insurance
pursuant to Exhibit C.
Truth-In-Negotiation and Public Entity Crimes Certification. The CONSULTANT agrees to execute the
Truth-In-Negotiations Certificate as required by Section 11.45, Florida Statutes, attached to this
AGREEMENT as Exhibit, as well as a Public Entity Crimes Certificate, as required by Section 287.133(3)(a),
Florida Statutes, and attached to this AGREEMENT as Exhibit D. The original AGREEMENT price and any
additions thereto shall be adjusted to exclude any significant sums by which Forward Pinellas determines
the AGREEMENT price was increased due to inaccurate or incomplete factual unit costs. All such
AGREEMENT adjustments shall be made within one (1) year following the end of the AGREEMENT.
Lobbying. In connection with this AGREEMENT, the CONSULTANT is required to complete Exhibit E
“Certification Regarding Lobbying.”
Debarment, Suspension, and Other Responsibility Matters. In connection with this AGREEMENT, the
CONSULTANT is required to complete Exhibit F “Certification Regarding Debarment, Suspension, and
Other Responsibility Matters – Primary Covered Transactions.”
11. Prohibition Against Contingent Fee
The CONSULTANT warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT and that he
has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide
employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other
consideration, contingent upon or resulting from the award or making of this AGREEMENT.
12. Default and Termination
#20-01 Forward Pinellas Planning Consultants 16/28
If the CONSULTANT fails to keep or perform any of the terms, covenants, conditions or provisions in this
Agreement that the Auditor is required to keep or perform, then within fifteen (15) days of Forward
Pinellas becoming aware of the default, Forward Pinellas shall notify the CONSULTANT of the default and
demand the default to be cured. Upon receipt of said notice, the CONSULTANT shall have fifteen (15) days
from the date of the receipt to cure said default. Forward Pinellas shall have the right to temporarily
withhold payment pending correction of any identified deficiencies or disallow funding for all or part of
an activity not in compliance with this AGREEMENT. All defaults shall be cured at the sole cost of the
CONSULTANT.
Upon the CONSULTANT’s failure to cure such default, Forward Pinellas may terminate this AGREEMENT
and may seek any and all such other remedies available in law or equity. Failure to elect any of the
available remedies upon the occurrence of any default shall not operate as a waiver of any further election
of remedies.
13. Title VI and Disadvantaged Business Enterprise Program
The CONSULTANT, including its subconsultants, will not discriminate on any basis, as required by 49 USC
5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex or age in
employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 USC 2000d
through 2000d-4, and Title 49 CFR, Part 21, or any other protected class as defined by state or federal law.
If utilizing subconsultants, the CONSULTANT agrees, in accordance with 49 CFR Part 26 that certified
Florida Department of Transportation (FDOT) Disadvantaged Enterprise Program (DBE) participants have
an equal opportunity to receive and participate in FDOT assisted contracts.
14. Assignment
The CONSULTANT shall not assign or transfer its interest in this AGREEMENT without the written consent
of Forward Pinellas.
15. Fiscal Funding
Forward Pinellas, in both its roles as the MPO and PPC, is a bona fide agency of the State of Florida with
its fiscal year ending on September 30 of each calendar. If Forward Pinellas does not have appropriate
sufficient funds to continue making the payments required under this AGREEMENT or any of its
agreements for any fiscal year subsequent to the one in which this AGREEMENT is executed or entered
into, including but not limited to the result of the receipt of insufficient funds from the Florida Department
of Transportation or Federal Highway Administration, then this AGREEMENT shall be terminated effective
upon expiration of the fiscal year in which sufficient funds were last appropriated, without penalty or
expense to Forward Pinellas. In this event, Forward Pinellas shall not be obligated to make any further
payments due beyond said fiscal year.
16. Prohibition Against Contingency Fees
The CONSULTANT warrants that they have not employed or retained any company or person other than
a bona fide employee working solely for the CONSULTANT to solicit or secure this AGREEMENT and that
the CONSULTANT has not paid or agreed to pay any person, company, corporation, individual, or firm
#20-01 Forward Pinellas Planning Consultants 17/28
other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or
any other considerations, contingent upon or resulting from this award or making of this AGREEMENT.
17. Observance of Laws
The CONSULTANT agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes ordinances, and regulations of any and all
governmental authorities or agencies, of all municipal departments, bureaus, boards and officials, of all
County, State, and Federal boards and agencies, and of insurance carriers. The CONSULTANT specifically
acknowledges that it is responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986, located at 8 U.S.C. Section 1324, et. seq, and regulations relating thereto. Failure to
comply with this provision of this AGREEMENT shall be considered a material breach and shall be grounds
for immediate termination of this AGREEMENT. If a dispute arises regarding this AGREEMENT, the Laws
of Florida shall govern. Proper venue shall be in Pinellas County, Florida.
18. Independent Consultant
The CONSULTANT acknowledges that it is functioning as an independent consultant in performing under
the terms of this AGREEMENT, and it is not acting as an employee or agent of Forward Pinellas.
19. Severability
If any provision of this AGREEMENT is held invalid, the remainder of the AGREEMENT will not be affected
thereby, and all other parts of this AGREEMENT will remain in full force and effect.
20. Waiver
Waiver of one or more covenants or conditions of this AGREEMENT by Forward Pinellas shall not be
construed as a waiver of a subsequent breach of the same covenant or conditions, and the consent or
approval by Forward Pinellas to or if any act by the CONSULTANT requiring Forward Pinellas’ consent or
approval shall not be construed as consent or approval to or of any subsequent similar act by the
CONSULTANT.
21. Entire Agreement
This AGREEMENT represents, together with all Exhibits, the entire written AGREEMENT between Forward
Pinellas and supersedes all prior communications and proposals, whether electronic, oral, or written
between Forward Pinellas and the CONSULTANT with respect to this AGREEMENT. This AGREEMENT may
be amended only by written instrument signed by both Forward Pinellas and the CONSULTANT.
22. Notice and Contacts
All notices required by law and by this AGREEMENT to be given by one party to the other shall be in writing
and shall be sent to the following respective addressees:
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Forward Pinellas:
Whit Blanton, FAICP, Executive Director
310 Court Street
Clearwater, Florida 33756
Wblanton@forwardpinellas.org
CONSULTANT:
If a different representative is designated after the execution of this AGREEMENT, notice of the new
addresses will be made in writing.
23. Conflict of Interest
By accepting award of this AGREEMENT, the CONSULTANT, which shall include its Executive Directors,
officers and employees, represents that it presently has no interest in and shall acquire no interest, either
directly or indirectly, in any business or activity which would conflict in any manner with the performance
of services required hereunder, including as described in the CONSULTANT’s own professional ethical
requirements. An interest in a business or activity which shall be deemed a conflict includes, but is not
limited to, any direct or indirect financial interest in any of the material and equipment manufacturers,
suppliers, distributors, or consultants who will be eligible to supply material and equipment for the
AGREEMENT for which furnishing its services is required hereunder.
The CONSULTANT further covenants and agrees that, when a former Forward Pinellas employee is
employed by the CONSULTANT, the CONSULTANT will require that strict adherence by the former
employee of, Section 112.3185, Florida Statutes, is a condition of employment of said former employee.
These Statutes will by reference be made a part of this AGREEMENT as though set forth in full. The
CONSULTANT agrees to incorporate the provisions of this paragraph in any subcontract into which it might
enter with reference to the work performed pursuant to this AGREEMENT.
If, in the sole discretion of Forward Pinellas’s Executive Director or designee, a conflict of interest is
deemed to exist or arise during the term of the AGREEMENT, Forward Pinellas’s Executive Director or
designee may cancel this AGREEMENT, effective upon the date so stated in the Written Notice of
Cancellation, without penalty to Forward Pinellas.
24. Final Closeout
Forward Pinellas may perform a final audit of the records of the CONSULTANT to support the
compensation paid to the CONSULTANT under this AGREEMENT. The audit would be performed as soon
as practical after completion and acceptance of all contracted services. The final payment to the
CONSULTANT may be adjusted for audit results.
25. Governing Law and Agreement Execution
The laws of the federal government and the State of Florida shall govern this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year
first written above.
#20-01 Forward Pinellas Planning Consultants 19/28
PINELLAS PLANNING COUNCIL AND PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION
Attest:
By: __________________________________ By: _________________________________
Whit Blanton, FAICP Dave Eggers
Forward Pinellas Executive Director Forward Pinellas Chair
Approved as to form:
By: _______________________________
Chelsea Hardy
Assistant County Attorney
CONSULTANT
Attest:
#20-01 Forward Pinellas Planning Consultants 20/28
Exhibit A: Scope of Services
(The remainder of this exhibit is intentionally left blank and will be completed based on the
procurement.)
#20-01 Forward Pinellas Planning Consultants 21/28
Exhibit B: Rate Schedule
(The remained of this exhibit is intentionally left blank and will be completed based on the
procurement.)
#20-01 Forward Pinellas Planning Consultants 22/28
(This exhibit will be required of selected planning consultants, but does not need to be submitted with
proposals.)
Exhibit C: Certificate of Insurance and Insurance Requirements, Minimum Insurance Requirements
Prior to the time the CONSULTANT is entitled to commence any part of the project, work, or service under
this agreement, the CONSULTANT shall procure, pay for and maintain at least the insurance coverage
limits specified below. Said insurance shall be evidenced by delivery to Forward Pinellas of: 1) a Certificate
of Insurance executed by the insurers listing coverages and limits, expiration dates, and terms of policies
and all endorsements whether or not required by Forward Pinellas, and listing all carriers issuing said
policy; 2) a copy of each policy, including all endorsements listed below. The insurance requirement shall
remain in effect throughout the term of this agreement.
1. Workers’ compensation limits are required by law; employers’ liability insurance of not less than
$500,000 for each accident.
2. Comprehensive general liability insurance including, but not limited to, independent contractor,
contractual, premises/operations, products/completed operations, and personal injury covering
the liability assumed under indemnification provisions of this Agreement, with limits for liability
for personal injury and/or bodily injury, including death, of not less than $1,000,000 combined
single limits. Coverage shall be on an “occurrence” basis.
3. Professional liability insurance from management consultant errors and omissions liability
insurance including but not limited to, general accounting, feasibility analysis, cost analysis with
minimum limits of $1,000,000 per occurrence if Occurrence Form is available; or Claims Made
Form with “tale coverage” extending three (3) years beyond completion and acceptance of the
project with proof of “tale coverage” to be submitted with the invoice for final payment. In lieu
of “tale coverage,” the CONSULTANT may submit annually to Forward Pinellas current Certificate
of Insurance proving claims made insurance remains in force throughout the same (3) years. Any
failure to comply with the provisions of this paragraph will be considered a material breach of this
Agreement.
4. Comprehensive automobile and truck liability covering owned, hired, and non-owned vehicles
with minimum limits of $1,000,000 each occurrence, and property damage of not less than
$1,000,000 each occurrence. (Combined single limits of not less than $1,000,000, each
occurrence, will be acceptable unless otherwise stated.) Coverage shall be on an-occurrence basis,
such insurance to include coverage for loading and unloading hazard. Each insurance policy shall
include the following conditions by endorsement to the policy:
a. Companies issuing the insurance policy, or policies, shall have no recourse against
Forward Pinellas for payment of premiums or assessments for any deductibles which all
are at the sole responsibility and risk of the CONSULTANT.
b. The term Forward Pinellas shall include all authorities, boards, bureaus, commissions,
divisions, departments, committees, and offices of Forward Pinellas and individual
members, employees thereof in their official capacities, and/or while acting on behalf of
Forward Pinellas.
c. Forward Pinellas shall be endorsed to the required policy or policies as an additional
insured exclusive of professional liability insurance and workers’ compensation insurance.
d. The policy clause “other insurance” shall not apply to any insurance coverage currently
held by Forward Pinellas to any such future coverage or to Forward Pinellas’ self-insured
retention or whatever nature.
5. The CONSULTANT hereby waives subrogation rights for loss or damage against Forward Pinellas.
#20-01 Forward Pinellas Planning Consultants 23/28
(This exhibit will be required of selected planning consultants, but does not need to be submitted with
proposals.)
Exhibit D. Truth in Negotiation Certificate
In compliance with this Agreement dated ______________, between Forward Pinellas and the
CONSULTANT, the CONSULTANT herewith certifies that:
1. The rates of compensation and other factual unit costs supporting the compensation are accurate,
complete, and correct at the time of contracting.
2. Any and all limitations on current or future years’ contract fees, including any arrangements under
which fixed limits on fees will not be subject to reconsideration if unexpected accounting issues
are encountered, are disclosed herein.
3. Any and all services to be provided under the above-referenced AGREEMENT at rates or terms
that are not customary are described herein.
Annual maximum compensation rate is as specified this AGREEMENT.
Standard compensation rate for this type engagement is as negotiated.
_____________________________________
CONSULTANT
By:
Date:
#20-01 Forward Pinellas Planning Consultants 24/28
(This exhibit will be required of selected planning consultants, but does not need to be submitted with
proposals.)
Exhibit E. Public Entity Crimes Certificate
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to ________________________________
By: ______________________________________________________________
(print this individual’s name and title)
For: _____________________________________________________________
(print name of entity submitting statements)
whose business address is: ___________________________________________
and if applicable whose Federal Employer Identification Number (FEIN) is: ________________
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement:
2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(a), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transactions
of business with any public entity or with an agency or political subdivision of any other state or with the
United States including, but not limited to any bid or contract for goods or services to be provided to any
public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes
means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
A. A predecessor or successor of a person convicted of public entity crime; or
B. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm’s length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
#20-01 Forward Pinellas Planning Consultants 25/28
5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term “person” includes those officers, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies).
_____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or any affiliate of the entity has been charged with and convicted of a public entity crime within the past
36 months.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime within the past
36 months.
AND (Please indicate which additional statement applies).
_______ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime within the past 36 months. However, there has been a
subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative
Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the
final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM
IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD
OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
___________________________________________________
(Signature)
City of _________________________________
STATE OF FLORIDA
Sworn and subscribed before me this ______ day of ________________ , 2019 by
#20-01 Forward Pinellas Planning Consultants 26/28
______ Who is Personally known to me
_______ Or who produced identification
(Type of Identification)
(Signature) Notary Public—State of Florida
(Printed, typed or stamped commissioned name of notary public)
My commission expires
(SEAL)
#20-01 Forward Pinellas Planning Consultants 27/28
(This exhibit will be required of selected planning consultants, but does not need to be submitted with
proposals.)
Exhibit F: Certificate Regarding Lobbying
49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or
offer exceeding $100,000)
The undersigned 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 making lobbying contacts to 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 [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The CONSULTANT, (name), certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Consultant understands and agrees that the provisions
of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
________________________________________ (signature)
Print Name: _______________________________
Title:_____________________________
Date: _____________________________
#20-01 Forward Pinellas Planning Consultants 28/28
(This exhibit will be required of selected planning consultants, but does not need to be submitted with
proposals.)
Exhibit G: Certificate Regarding Debarment, Suspension and Other Responsibility Matters – Primary
Covered Transactions
(1) The prospective primary participant hereby certifies to the best of its knowledge and belief, that
it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not, within a three-year period preceding this proposal, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under a public transaction, violation of federal or state antitrust statutes; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any of the offenses listed in paragraph (b) of this certification;
and
(d) Have not, within a three-year period preceding this certification, had one or more public
transactions (federal, state or local) terminated for cause or default.
(2) The prospective primary participant also hereby certifies that if, later, it becomes aware of any
information contradicting the statements of paragraphs (a) through (d) above, it will promptly provide
that information to the U.S.D.O.T.
___________________________________________________
Signature/Authorized Certifying Official Typed Name and Title
___________________________________________________ _______________________
Applicant/Organization Date Signed
1/4
THE PLANNING COUNCIL AND METROPOLITAN PLANNING ORGANIZATION FOR PINELLAS COUNTY
MEMORANDUM
310 Court Street, 2nd Floor
Clearwater, FL 33756
P: 727-464-8250
forwardpinellas.org
TO: All Qualified Proposers
FROM: Sarah Caper, AICP, Principal Planner
DATE: June 19, 2020
SUBJECT: Procurement by Competitive Proposals, #20-01 Forward Pinellas Planning Consultants,
Summary of June 10 and June 17, 2020 Selection Committee Meetings
The #20-01 Forward Pinellas Planning Consultants selection committee consisting of Rodney Chatman
(Forward Pinellas), Chelsea Favero (Forward Pinellas), Lauren Matzke (City of Clearwater), Christina
Mendoza (Forward Pinellas) and Joan Rice (Pinellas County) met on June 10, 2020 at 11 a.m. and June
17, 2020 at 1 p.m. virtually through Zoom. The meetings were advertised on the Forward Pinellas
website and access information was also provided to all qualified proposers. Both meetings were open
to the public and the selection committee, advisor Whit Blanton (Forward Pinellas Executive Director),
members of the public and Forward Pinellas staff were in attendance.
Both meetings began with a discussion of the process. On the June 10, 2020 meeting, the idea of a
potential second meeting was introduced at the beginning of the meeting. Staff reviewed the tasks
facing the selection committee, which included a review, discussion and evaluation of each presentation
individually, a pricing analysis and a recommendation for the Forward Pinellas Board. Staff mentioned
the desire to have specialty firms, but that the procurement was open to all firms and that no set
number of firms had been established for selection. At the June 10, 2020 meeting, the selection
committee reviewed, discussed and evaluated firms and set a potential date to be confirmed for the
next selection committee meeting, which was later confirmed via memo to be June 17, 2020 at 1 p.m.,
to continue with the remaining firms and other tasks.
On June 17, 2020, the selection committee meeting again began with an overview of the tasks facing the
selection committee and where the selection committee ended at the last meeting. The selection
committee resumed with a review, discussion and scoring of each presentation individually. The
following is a brief review of the discussion related to each presentation and associated notes.
• AECOM. Solid team with experience in funding and programming, innovative virtual meeting
capabilities, lacking in project management discussion
• Alta. Presentation felt like it was being read, delivery was lacking, missing innovation and
specific proposal/most pressing need, good branding package examples, unclear how discussion
could apply to Forward Pinellas
2/4
• Asakura Robinson. Presentation was somewhat fragmented with a lot of general information
and not much specificity, innovative idea with equity along Central Ave BRT corridor that could
have been explored further
• Calvin, Giordano & Associates (CGA). Did not demonstrate innovative methods and how they
would apply to Forward Pinellas needs, data analytic capabilities were not incorporated into
presentation and appeared limited
• The Corradino Group. Did not seem to address the most pressing need or how the firm would
approach it, clear and concise project management discussion, conceptual scope lacking details
• Fehr and Peers. Innovative concept presented with relevant examples, strong graphics
• Gannett Fleming. Weak demonstration of innovation, clear project management discussion,
incorporated performance measures with data driven approach
• HDR. Good discussion and use of data analytics, could have further explored equity and
inclusion, strong approach
• HW Lochner. Solid team, presentation focused on people, generic discussion, would have liked
to see more on project management processes and procedures
• Interface Studio. Innovative practices examples were hard to follow, broad discussion of most
pressing need, good presentation delivery, extremely visual presentation highlighting
storytelling approach
• Jacobs. Presentation began well but lost focus, touched on many issues but did not explore
them fully
• Kimley Horn. Clearly understands Pinellas County, did not fully discuss innovative concepts or
clear scope of services
• Kittelson & Associates. Strong experience, thoughtful scope of services, clear and concise
presentation
• Landis Evans + Partners. Presentation included strong examples and ideas for low-cost,
implementable solutions, balanced conceptual and practical
• NUE Urban Concepts. Small, tailored firm that focused on creative process, capabilities and a
few relevant projects, good understanding of Pinellas County but approach lacking detail
• Renaissance. Strong discussion of Pinellas County’s economic context, thoughtful approach that
was easy to follow, demonstrated visualization and its importance, would have liked to hear
more from project manager
• Sam Schwartz. Lacked understanding of some of the challenges working in Pinellas County
where maintaining road capacity is a sensitive issue, lacking examples and innovation, approach
was general
• SB Friedman. Unique perspective, comprehensive scope of services, demonstrated
understanding of Pinellas County
• S&ME. Innovative renderings, strong interdisciplinary approach presented
• Stantec. High level presentation that touched on many points, but lacking in detail and
innovative concepts outside of autonomous vehicle work
• Tindale Oliver & Associates. Demonstrated GIS analytics abilities, clear scope development
process in a thoughtful manner but discussion of traditional transportation planning or traffic
operations somewhat limited
3/4
• Toole Design. Unclear how firm would help address identified most pressing need (funding),
good overview of team’s experience in certain areas and innovative data-driven storytelling
• The Valerin Group. Thoughtful discussion and emphasis on building trust, but presentation did
not neatly tie together strategies with most pressing need
• Wallace Roberts & Todd (WRT). Strong public engagement discussion with a range of strategies,
presentation a little disjointed
• WSP. Clear, concise presentation with strong visualization that conveyed the firm’s
understanding of Pinellas County, impressive and innovative videos
The review, discussion and scoring of firms was followed by a pricing analysis, with the primary goal of
determining generally fair and reasonable costs as the exact pricing is subject to negotiation during the
agreement process. The selection committee discussed the pricing from the current agreements, with
the classifications and ranges and the highs, lows, averages and medians of the firms that presented.
Generally, the committee members felt the pricing was fair and reasonable, with a discussion favoring
the averages and not using lower rates than the current ones.
After the pricing analysis, the selection committee discussed charts showing the final scores, with the
presentations added to the earlier scores. Staff did not show the actual scores, as they needed to be
confirmed with the signed evaluation forms and the spreadsheets reviewed for clerical errors and
validation that all formulas and background calculations were accurate to ensure the final numbers are
correct.
The selection committee felt the firms were strong overall. The discussion on a recommendation started
with looking at the top ranked 12-15 firms. However, there was a clustering of firms and with the desire
for specialty firms, the selection committee moved to a discussion of the top 19 or 20 firms. This would
allow for more niche firms. Firms will be available for local government use, not only Forward Pinellas
and so a larger number of firms selected was deemed acceptable and Forward Pinellas had not released
a desired number of firms previously. The selection committee confirmed that they recommend
proceeding with the top 20 firms. Should the final numbers alter the list showed on the screen, the
committee recommends sticking with the top 20 firms. The final scoring of firms is provided at the end
of this memorandum with the selected firms noted.
Staff mentioned that this is anticipated to be brought to the Forward Pinellas Board in July for approval
based on the recommendation which would be provided to the Forward Pinellas Executive Director.
Firms can expect this to be on the July 8, 2020 Forward Pinellas Board agenda, unless otherwise
noted. A summary of the process and recommendation would be provided to the Forward Pinellas
Board. Forward Pinellas staff will include anything unusual from the reference check to the board at that
time as well. Following Forward Pinellas Board approval, staff will begin to negotiate agreements with
the selected firms.
Thank you to all of the proposers.
4/4
Firm Total
Score
Firm Total
Score
AECOM* 885 The Lunz Group 363
Alta 694 Maser 403
Asakura Robinson* 784 Ninigret Partners 394
Atkins 445 NUE Urban Concepts* 790
Ayres 438 Pennoni 412
Bruce McLaughlin Consulting 298 Partners for Economic Solutions (PES) 473
Build a Better Block 346 Pritchett Steinbeck Group (PSG) 444
CallisonRTKL (CRTKL) 380 Renaissance* 801
CALTRAN Engineering Group 443 Rundell Ernstberger Associates 408
Calvin, Giordano & Associates 766 Sam Schwartz 762
Clearview Land Design 384 Sand Country Studios 437
The Corradino Group 744 SB Friedman* 821
EGRET+OX 398 S&ME, Inc.* 785
evolveEA 415 Stantec 760
Fehr and Peers* 851 Tindale Oliver & Associates* 793
Gannett Fleming* 791 Toole Design* 785
George F Young 393 Torti Gallas + Partners 396
HDR* 851 Transpro 394
HW Lochner, Inc* 799 Urban Arts 441
Interface Studio LLC* 774 Urbanomics 359
Jacobs* 828 The Valerin Group, Inc.* 794
JRB 386 VHB 476
Kimley Horn* 861 Waldrop Engineering, PA 393
Kittelson & Associates* 806 Wallace Roberts & Todd (WRT)* 793
Lambert Advisory 424 WGI 400
Landis Evans + Partners (LE&P)* 788 WSP USA Inc* 897
* Recommended firm
July 8, 2020
3E. Approval of Procurement #20-01 Forward Pinellas
Planning Consultants Selection
SUMMARY In February, the Forward Pinellas board approved Procurement #20-01 Forward Pinellas Planning Consultants. More than 50 proposals were received. A selection committee of Rodney Chatman (Forward
Pinellas), Chelsea Favero (Forward Pinellas), Lauren Matzke (City of Clearwater), Christina Mendoza (Forward Pinellas) and Joan Rice (Pinellas County) met and shortlisted firms for presentations. 25 presentations were held. The selection committee met again to review the presentations, score the firms, conduct a pricing analysis and provide a recommendation for selection. The committee decided to recommend the top 20 firms to ensure a broad array of skills and experience over the potential six years of the contracts. Selected firms will be available to all local governments for their own assignments as well as for grants awarded to local agencies by Forward Pinellas. Memos documenting the procurement process are available on the Forward Pinellas website. Following the selection committee meeting, Forward Pinellas staff reached out to references for the top 20 firms and received no concerning comments. Following board approval to move forward with the top 20 firms, staff will begin negotiating agreements with the firms and bring the agreements back to the Forward Pinellas Board for approval in September.
ATTACHMENT(S): Memo ACTION: Board to approve selecting the top 20 firms from the Forward Pinellas Planning Consultants procurement to proceed with agreement negotiations. STAFF RECOMMENDATION: Staff recommends that the board approve selecting the top 20 firms from the Forward Pinellas Planning Consultants procurement to proceed with agreement negotiations.
1/6
THE PLANNING COUNCIL AND METROPOLITAN PLANNING ORGANIZATION FOR PINELLAS COUNTY
MEMORANDUM
310 Court Street, 2nd Floor
Clearwater, FL 33756
P: 727-464-8250
forwardpinellas.org
TO: Forward Pinellas Board
Whit Blanton, FAICP, Executive Director
FROM: Sarah Caper, AICP, Principal Planner
DATE: June 25, 2020
SUBJECT: Procurement by Competitive Proposals, #20-01 Forward Pinellas Planning Consultants,
Summary
In February 2020, the Forward Pinellas board approved Procurement #20-01 Forward Pinellas Planning
Consultants. Proposals were due on March 23, 2020, by 1 p.m. and electronic submittals via email were
allowed. The due date and submittal method were revised to reflect COVID-19. A total of 52 proposals
were received by the due date and time.
All meetings related to this procurement were held virtually and notice was provided online and also
provided via email to all qualified proposers. Members of the public were welcome to attend all
meetings.
A selection committee of Rodney Chatman (Forward Pinellas), Chelsea Favero (Forward Pinellas), Lauren
Matzke (City of Clearwater), Christina Mendoza (Forward Pinellas) and Joan Rice (Pinellas County) met
virtually multiple times to discuss and evaluate the proposals, short list firms for presentations and
discuss the presentation format and requirements. Forward Pinellas Executive Director Whit Blanton
and Division Manager Al Bartolotta were available as advisors to the selection committee on this
procurement. Presentations with 25 firms were held virtually through Zoom. Each firm was tasked with
identifying the most pressing need for Forward Pinellas and Pinellas County and developing a scope to
address that most pressing need.
Once all presentations were completed, the selection committee met twice virtually to review the
presentations, score the firms, conduct a pricing analysis and provide a recommendation for selection.
For the pricing analysis, the selection committee reviewed a range of rates, including those in the
Forward Pinellas current agreements, to determine if the general pricing provided is fair and reasonable
with the understanding that rates are subject to change during the negotiation process. Ultimately, the
selection committee felt that the top 20 firms should be recommended to be selected for Forward
Pinellas Board approval.
After the July 8, 2020 Forward Pinellas board meeting, staff will begin to negotiate agreements pricing
with the selected firms. Once agreements are in place, Forward Pinellas and local governments may use
the firms for planning work.
2/6
The following is a summary of the selection committee discussion on each firm. Firms that provided
presentations are noted with a (P). The table at the end notes the final scores and firms that are
recommended for selection. Staff has checked with references for each of the firms recommended for
selection and found no concerns.
• AECOM (P). Good discussion and understanding of Pinellas County and linkage of major areas of
concentration from 2020 with team member project experience, understanding of challenge.
Solid team with experience in funding and programming, innovative virtual meeting capabilities,
lacking in project management discussion
• Alta (P). General MPO service firm with a variety of experience but did not show specific
understanding of Forward Pinellas and Pinellas County context, people first focus. Presentation
felt like it was being read, delivery was lacking, missing innovation and specific proposal/most
pressing need, good branding package examples, unclear how discussion could apply to Forward
Pinellas
• Asakura Robinson (P). Beautiful package, creative outreach, balanced proposal with discussions
on equity, neighborhoods and districts, housing and resiliency, lacking detail on management
components, unsure if understand role of Forward Pinellas. Presentation was somewhat
fragmented with a lot of general information and not much specificity, innovative idea with
equity along Central Ave BRT corridor that could have been explored further
• Atkins. General purpose firm, lacking a specific approach, emphasized experience with MPOs,
did not clearly demonstrate a correlation between their staff and how they can support Forward
Pinellas, good understanding of the relationship between land use and transportation planning,
fairly generic
• Ayres. Strong focus on visualization and engagement, lacking detail on relevant experience
• Building a Better Block. Lacking information on how the firm can meet Forward Pinellas’s needs
and role, liked AARP experience
• Bruce McLaughlin Consulting. Understood Forward Pinellas role, low cost, tool for local
governments but need to show more on why Forward Pinellas could benefit, lacking detail
• CALTRAN Engineering Group. Has provided similar services for several communities, discusses
safety, transit, bike/ped, “Big Data” and public involvement challenges/needs, good general
overview and discussion of Pinellas County’s challenges and needs, lacking link between
references, projects and resumes, unsure of experience and fit with Forward Pinellas
• Calvin, Giordano & Associates (CGA) (P). Well rounded, good description of approach,
demonstrates understanding, could better incorporate staff and key personnel in project
discussion. Did not demonstrate innovative methods and how they would apply to Forward
Pinellas needs, data analytic capabilities were not incorporated into presentation and appeared
limited
• Clearview Land Design, PL. Provides options, establish community character, basic
understanding of challenges facing land use and transportation, infill experience, little
discussion on approach and project management
3/6
• The Corradino Group (P). Interesting TOC, good understanding of Forward Pinellas
responsibilities and role, current conditions, transportation experience is by PEs involved in
project implementation. Did not seem to address the most pressing need or how the firm would
approach it, clear and concise project management discussion, conceptual scope lacking details
• CallisonRTKL (CRTKL). Approach lacking detail, showed basic understanding of Forward Pinellas
and linking their roles to anticipated planning functions, would like to see more on digital
storytelling
• Egret+Ox. Showed basic understanding of Forward Pinellas’s needs, but did not demonstrate
understanding of the agency’s responsibilities and role within Pinellas County, strong graphics
• evolveEA. Strong graphics, lacking detail and demonstration of Forward Pinellas’s role, unclear
project management
• Fehr and Peers (P). Strong performance metrics discussion, addresses Pinellas County
challenges and showed understanding of the area. Innovative concept presented with relevant
examples, strong graphics
• Gannett Fleming (P). Lacking good examples of innovation related to performance metrics, liked
summary chart, showed broad understanding. Weak demonstration of innovation, clear project
management discussion, incorporated performance measures with data driven approach
• George F Young. Focused on traffic engineering, complete streets and roadway design (more
like an implementing agency), lacking understanding of how firm would meet Forward Pinellas
needs, lots of experience
• HDR (P). Light on performance measures, solid experience and examples, good understanding of
Forward Pinellas and relationship between transportation and land use. Good discussion and
use of data analytics, could have further explored equity and inclusion, strong approach
• HW Lochner (P). Strong visualization tools, recognizes change is not easy, shows understanding
of Forward Pinellas’s roles and responsibilities. Solid team, presentation focused on people,
generic discussion, would have liked to see more on project management processes and
procedures
• Interface Studios (P). Graphic approach to planning, varied experience in unique places, good
overview and demonstrated understanding. Innovative practices examples were hard to follow,
broad discussion of most pressing need, good presentation delivery, extremely visual
presentation highlighting storytelling approach
• Jacobs (P). Standard proposal, concerned about depth of staff, demonstrated understanding in
various focus areas, good project approach narrative. Presentation began well but lost focus,
touched on many issues but did not explore them fully
• JRB Solutions. Understanding of the local area and needs from a transit and bike/ped
perspective, lacking in approach and project experience
• Kimley Horn (P). Solid project understanding and description of Forward Pinellas needs,
innovative ideas. Clearly understands Pinellas County, did not fully discuss innovative concepts
or clear scope of services
• Kittelson & Associates (P). Good project approach, focus on equity, health and resiliency. Strong
experience, thoughtful scope of services, clear and concise presentation
• Lambert Advisory. Focus on economic and real estate analysis, narrative explains key aspects of
economic/market related services
4/6
• Landis Evans + Partners (P). Solid project understanding, good discussion of density, safety,
walkability and context-sensitive choices. Presentation included strong examples and ideas for
low-cost, implementable solutions, balanced conceptual and practical
• The Lunz Group. Generic but clear approach
• Maser. Lacking project approach/project management mechanisms, would be most helpful to
local partners
• Ninigret Partners. Lacking connection to Pinellas County and Forward Pinellas, unclear on
project manager, proposal was not organized, unique approach
• NUE Urban Concepts (P). Solid understanding of Forward Pinellas needs, would be helpful to
local partners, unclear if the team has worked together before. Small, tailored firm that focused
on creative process, capabilities and a few relevant projects, good understanding of Pinellas
County but approach lacking detail
• Pennoni. Focus on municipal planning, did not clearly demonstrate understanding of Forward
Pinellas needs, unclear connection between references and experience
• Partners for Economic Solutions (PES). Limited project approach, good description of Pinellas
County conditions, speaks to importance of collaboration, lacking QA/QC discussion
• Pritchett Steinbeck Group (PSG). Good understanding and narrative of Pinellas County and its
challenges, lacking approach and project management discussion
• Rundell Ernstberger Associates (REA). Experienced with major redevelopment and vision plans,
good use of visuals and storytelling, lacking project approach, would like to see greater
understanding of Pinellas County and its challenges
• Renaissance (P). Tailored proposals to Forward Pinellas needs, experience with public-friendly
reporting methods, discussion on approach and project management is lacking. Strong
discussion of Pinellas County’s economic context, thoughtful approach that was easy to follow,
demonstrated visualization and its importance, would have liked to hear more from project
manager
• Sam Schwartz (P). Solid understanding of needs and area, challenges. Lacked understanding of
some of the challenges working in Pinellas County where maintaining road capacity is a sensitive
issue, lacking examples and innovation, approach was general
• Sand Country Studios. Most of experience is in rural and suburban areas, unclear who would be
the project manager
• SB Friedman (P). Good explanation of project management process. Unique perspective,
comprehensive scope of services, demonstrated understanding of Pinellas County
• S&ME (P). Solid understanding of local needs, lacking in project management and approach.
Innovative renderings, strong interdisciplinary approach presented
• Stantec (P). Solid project understanding. High level presentation that touched on many points,
but lacking in detail and innovative concepts outside of autonomous vehicle work
• Tindale Oliver & Associates (P). Good project management approach, would have liked to see
more details, relevant recent projects. Demonstrated GIS analytics abilities, clear scope
development process in a thoughtful manner but discussion of traditional transportation
planning or traffic operations somewhat limited
5/6
• Toole Design (P). Good graphics work, clear description of key personnel and roles, includes
matrix of work and on call experience. Unclear how firm would help address identified most
pressing need (funding), good overview of team’s experience in certain areas and innovative
data-driven storytelling
• Torti Gallas + Partners. No discussion of project management tools, lacking clear linkage to
Forward Pinellas needs
• TransPro. Strong focus on performance management but mostly tied to internal operations and
processes, primarily works with transit agencies and cited transit service planning projects
• Urban Arts. Lacking approach to Forward Pinellas needs, missing discussion on costs and
schedule controls, good planning concept illustrations
• Urbanomics. Lacking project approach, no discussion of challenges facing Pinellas County
• The Valerin Group (P). Solid approach and understanding of needs, good project management
chart, strong SPOTlight discussion and experience with visualization and storytelling. Thoughtful
discussion and emphasis on building trust, but presentation did not neatly tie together
strategies with most pressing need
• VHB. Clear understanding of scope, good discussion and understanding of Pinellas County
• Waldrop Engineering, PA. Transportation planning work is mostly PEs not planners, broad
submittal, would have liked to see more detail
• WGI. Clear understanding of needs but limited approach details, diverse examples of relevant
projects
• Wallace Roberts & Todd (WRT) (P). Strong understanding and approach, good use of
visualization, strong project management description. Strong public engagement discussion with
a range of strategies, presentation a little disjointed
• WSP (P). Clear understanding of needs, tailored approach. Clear, concise presentation with
strong visualization that conveyed the firm’s understanding of Pinellas County, impressive and
innovative videos
6/6
Firm Total
Score
Firm Total
Score
AECOM* 885 The Lunz Group 363
Alta 694 Maser 403
Asakura Robinson* 784 Ninigret Partners 394
Atkins 445 NUE Urban Concepts* 790
Ayres 438 Pennoni 412
Bruce McLaughlin Consulting 298 Partners for Economic Solutions (PES) 473
Build a Better Block 346 Pritchett Steinbeck Group (PSG) 444
CallisonRTKL (CRTKL) 380 Renaissance* 801
CALTRAN Engineering Group 443 Rundell Ernstberger Associates 408
Calvin, Giordano & Associates 766 Sam Schwartz 762
Clearview Land Design 384 Sand Country Studios 437
The Corradino Group 744 SB Friedman* 821
EGRET+OX 398 S&ME, Inc.* 785
evolveEA 415 Stantec 760
Fehr and Peers* 851 Tindale Oliver & Associates* 793
Gannett Fleming* 791 Toole Design* 785
George F Young 393 Torti Gallas + Partners 396
HDR* 851 Transpro 394
HW Lochner, Inc* 799 Urban Arts 441
Interface Studio LLC* 774 Urbanomics 359
Jacobs* 828 The Valerin Group, Inc.* 794
JRB 386 VHB 476
Kimley Horn* 861 Waldrop Engineering, PA 393
Kittelson & Associates* 806 Wallace Roberts & Todd (WRT)* 793
Lambert Advisory 424 WGI 400
Landis Evans + Partners (LE&P)* 788 WSP USA Inc* 897
* Recommended firm
October 14, 2020
4C. Approval of Procurement #20-01 Planning Consultant Agreements SUMMARY At its July meeting, the Forward Pinellas Board approved the results of Procurement #20-01 Forward Pinellas Planning Consultants. Staff have been working with the selected firms to negotiate an agreement with each of the 20 firms selected. As the agreements are ready for board action and signed by the consulting firm, they will be brought to the board for approval. In September, the board approved 15 agreements. Agreements with the remaining five firms, listed below, are ready for board action:
• Jacobs Engineering Group
• NUE Urban Concepts
• Renaissance Planning
• Toole Design Group
• Wallace, Roberts & Todd (WRT)
Agreements are available at: https://forwardpinellas.org/20-01-planning-consultant-agreements/. ATTACHMENT(S): None ACTION: Board to approve planning consultant agreements with the firms cited above.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1260
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve purchase orders to ErgoFlex Systems, Inc. dba Xybix Systems, Inc. of Littleton, CO
and Concept Seating Government, LLC of Brookfield, WI for the purchase and installation of
dispatch consoles and workstations, specialty chairs, and new carpet at the Clearwater Police
Department Communication Center in the amount of $430,583.35, pursuant to Clearwater
Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d),
Non-competitive purchases, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The existing consoles, workstations, and carpet that exist within the Police Communications
Center are original from when the police department building was constructed over 25 years
ago. The current chairs being utilized are standard office chairs that quickly get worn down
given the continuous use. The Communications Center is a 24/7 operation, so the items that
are requested to be replaced are in constant use and subsequently have far exceeded their
lifespan.
Therefore, the Clearwater Police Department (CPD) is requesting authorization for the
purchase and installation of 14 new dispatch consoles and ergonomic workstations, five
training workstations, 14 specialty ergonomic chairs for 24/7 intensive use, new StaticSmart
carpet, and miscellaneous other furniture items (i.e., task tables, conference table) at the
Clearwater Police Department Communication Center in the amount of $336,888.41 with Xybix
Systems Inc., piggybacking off the State of Florida contract 43190000-22-NASPO-ACS and
$22,652.19 with Concept Seating Government LLC., piggybacking off the Houston-Galveston
Area Council (H-GAC) contract EC07-20.
In addition, authorization is requested to procure $50,070.50 with Xybix Systems, Inc as
impractical which includes freight for the furniture ($13,238.00), installation of all furniture in this
proposal ($29,947.50) and the removal and disposal of the old consoles ($6,885.00). Xybix is
an authorized distributor for StaticSmart carpeting which protects personnel and equipment
from uncontrolled static electricity. The specialized carpeting will be installed at the same time
as the new furniture is installed to save time, money, and ensure it is done correctly.
Authorization is requested to procure an additional $20,972.25 with Xybix Systems as
impractical which includes the removal of the old carpet ($4,650.00), the disposal of the old
carpet ($1,200.00) and the installation of the new specialized carpet ($15,122.25).
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1260
APPROPRIATION CODE AND AMOUNT:
Funding of $60,071.25 is available in capital improvement project GSBM180002, Flooring for
Facilities, and $370,512.10 in capital improvement project GSBM180012, General Facility Bldg.
Renovation, to fund these purchase orders.
Page 2 City of Clearwater Printed on 12/14/2022
Contract
No.:EC07-20 Date
Prepared:10/14/2022
BuyingAgency:Contractor:
ContactPerson:PreparedBy:
Phone:Phone:
Fax:Fax:
Email:Email:
Quan Unit Pr Total
10 1,479.28$ 14,792.80$
2 1,302.57$ 2,605.14$
2 1,266.90$ 2,533.80$
-$
-$
-$
19,931.74$
Quan Unit Pr Total
4 80 320.00$
20 57 1,140.00$
-$
1,460.00$
7%
1,260.45$
1,260.45$
22,652.19$ Delivery Date: D. Total Purchase Price (A+B+C):
Total From Other Sheets, If Any:
Subtotal B:
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of
the Base Unit Price plus Published Options (A+B).For this transaction the percentage is:
C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Freight to include Liftgate Truck
Subtotal C:
3150HR - Full 3-piece Slipcover (Seat Cover, Backrest Cover, Headrest Cover)
3150HR Operator 24/7 Intensive Use Chair - Black Leather - Swing Arms - Articulating Headrest ( PN: 5070ALUS01 )
3150HR Operator 24/7 Intensive Use Chair - Black Staccato Fabric - Swing Arms - Articulating Headrest ( PN: 5057ALUS01 )
3150HR Operator 24/7 Intensive Chair - Black Staccato Fabric - C-Loop Arms - Articulating Headrest ( PN: 5057ALUC01 )
Total From Other Sheets, If Any:
Subtotal A:
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Description
Partial Footring 7-Leg Base - Replaces Standard 7-Leg Base - Changes last two characters of Chair PN to 07 - Qty 2 for
3150HR Leather and Qty 2 for 3150HR Staccato Fabric w/swing arms
Description
727.562.4299 800-892-5563
262-754-0536
Todd.Johnson@MyClearwater.com sales@conceptseating.com
Catalog / Price SheetName:Concept Seating 2020 H-GAC Product Pricing
General Description
of Product:Concept Seating 24/7 Intensive-Use Chairs and Stools
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Clearwater Police Department Concept Seating Government
Major Todd Johnson RMG Solutions
8207 SouthPark Circle • Littleton, CO 80120
o: 800.788.2810 • f: 303.683.5454
www.xybix.com
Carpet Sole Source from Xybix
Xybix sources carpeting for 911 environments from StaticSmart because all their offerings are static
dissipative, which protects from the damage caused by uncontrolled static electricity. Static dissipative
carpeting protects personnel and equipment from a vast array of static problems, including injury or
damage caused by uncontrolled static electricity, also known as Electrostatic Discharge or the ‘ESD’ in
ESD flooring. Xybix sources through StaticSmart not only because it’s the superior carpet solution for
public safety and government, but because their flooring meets or exceeds all industry standards such
as ANSI/ESD S-20.20 and Motorola R56.
StaticSmart has also been a member and participant in APCO International and NENA, the 911
Organization for years and has been installed in PSAP’s all over the United States.
StaticSmart Plus carpet tile is designed for electronics manufacturing environments and anywhere
where 24/7 operational readiness, public safety, and security are at stake.
• Public Safety/ E-9-1-1/Emergency Operations
• Air Traffic Control
• Electronics Manufacturing/R&D
• kV Rating <0.4 kV | Grounded | Conductive, 100% Coverage
Please feel free to contact me with any other questions, or if you need more detail.
Halley Barba
Gulf States Territory Manager | Xybix Systems, Inc.
Call/Text: 813.263.5424 | Main Office: 303.683.5656
www.xybix.com • 800.788.2810FORM • FUNCTION • HEALTH • PERFORMANCE1STANDARD CARPETSCOLUMBUS BLUE CROCKETT MAGELLAN CARSONGALILEO SHACKLETON GREY LIVINGSTONEHOUSTONSOLIDSSTATIC DISSIPATIVE CARPETPATTERNSSTATIC DISSIPATIVE CARPETSMITH PENNBRADSTREET WIGGLESWORTH
www.xybix.com • 800.788.2810FORM • FUNCTION • HEALTH • PERFORMANCE2STANDARD CARPETSSALT LAKERUSHMORE GOLDEN GATE HOOVERNIAGARAKNIGHT WHEATLEYYELLOWSTONEPATTERNSSTATIC DISSIPATIVE CARPETCOVE BASE(SELECT ONE)BLACKBLACK-BROWNCHARCOAL
www.xybix.com • 800.788.2810FORM • FUNCTION • HEALTH • PERFORMANCE3STANDARD CARPETSINSTALLATION METHODS(SELECT ONE)MONOLITHICQUARTER TURN
www.xybix.com • 800.788.2810FORM • FUNCTION • HEALTH • PERFORMANCE4CARPET SPECIFICATIONSSTATICPROTECTIONCONDUCTIVE FIBER- Conductive Fiber: Continuous conductive StaticSmart® FibreLink monofi lament- kV Rating: AATCC 134-06 (w/o conductive footwear) - Electrostatic propensity: less than 0.4 kV (400 Volts). Tested at 20% relative humidity at 20° Celsius and 70° Fahrenheit.ELECTRICAL RESISTANCE- Electrical Resistance: ESD S7.1/NFPA 99 Resistive/resistance characterization of materials: Rtt six or more readings between points placed 3 feet apart. Tested with an applied voltage of 100V. Measured in Ohms, 2.5 x 10e4 minimum, 1.0 x 10e8 maximum. Rtg six or more readings from surface to groundable point. Tested with an applied voltage of 100V. Measured in Ohms, 2.5 x 10e4 minimum, 1.0 x 10e8 maximum- Electrical Resistance/Voltage Test: AANSI/ESD S20.20-2014, compliant when using approved conductive footwear. Results within required limits < 1 x 10e9 Ohms and < 100 Volts peak D.O.D. HDBK263A, Section 40.1.2: Meets recommended guidelines for sensitive ESD devices, Class 1. Exceeds FAA-STD-019e and Motorola R56 standards and guidelines for static control fl ooring. Roller Caster Electrical Test (CET) Assessment: After 100,000 chair caster cycles there was no depreciable change in conductivity or electrical performance.GROUNDABLE PATH- StaticSmart® ground strip or Rtg Connector KitGROUNDING FREQUENCY- 1 per 1,000 sq. ft.BACKING SYSTEM- Conductive Ecoworx® backing – 100% PVC-free recyclable, made from recycled materialADHESIVE- StaticSmart ESDvantage Conductive Adhesive
www.xybix.com • 800.788.2810FORM • FUNCTION • HEALTH • PERFORMANCE5BLACKCROCKETTCOLUMBUS BLUECARPET SIGN-OFFSignature:Date:SOLIDSSTATIC DISSIPATIVE CARPETMAGELLANCARSONHOUSTONGALILEOSHACKLETON GREYLIVINGSTONEPATTERNSSTATIC DISSIPATIVE CARPETSMITHPENNBRADSTREETWIGGLESWORTHKNIGHTWHEATLEYYELLOWSTONESALT LAKERUSHMOREGOLDEN GATEHOOVERNIAGARAINSTALLATION METHODS(SELECT ONE)MONOLITHICQUARTER TURNINSTRUCTIONS1) Select one Carpet color and check box 2) Select one Cove Base color3) Select one Installation Method 4) Sign and DateCOVE BASE(SELECT ONE)BLACK-BROWNCHARCOAL*PHYSICAL SAMPLE HAS BEEN RECEIVED. ANY CHANGES TO THIS ORDER WITHIN THE 8 WEEK LEAD TIME WILL ENCURE ADDITIONAL FEES.
Revised 6.1.18
AMENDMENT No. 1 to CONTRACT No. EC07-20
For
911 Equipment & Emergency Notification Software and Services
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Concept Seating Government, LLC THIS AMENDMENT modifies the above referenced Contract as follows: This contract is extended through June 30, 2023 Midnight CT. Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director Date: _______________________________ Signed for: Concept Seating Government, LLC ____________________________________ Printed Name & Title: ____________________________________ Date: _______________________________
DocuSign Envelope ID: B07BF09D-0ECA-401D-A38A-D66CF38B0F9E
Joel Vento
3/30/2022
VP of Government Sales
3/30/2022
HOUSTON-GALVESTON AREA COUNCIL
Mailing Address Physical Address PO Box 22777 3555 Timmons Lane, Suite 120 Houston, Texas 77227-2777 Houston, Texas 77027 Phone 713-627-3200 Phone 713-627-3200
Concept Seating Government LLC
Joel Vento-VP of Gov’t Sales ID #5083
3205 N. 124th St. HGAC-001-2021
Brookfield, WI 53005 February 4, 2021
Subject: Confirmation of Endura Company Name Change
Reference: (1) Contract between H-GAC & Endura, LLC dated 01-July-2020
(2) 911 Equipment & Emergency Notification Software and Services, Contract #EC07-20
Dear Mr. Vento,
This letter provides notification that the Houston-Galveston Area Council (H-GAC) has been advised
that Endura, LLC has undergone a name change and is now Concept Seating Government, LLC. It is
HGAC’s understanding that this is a name change only, and the company is not merging, changing
ownership, or undergoing any other change. An assignment or other contractual change to this
agreement is not required. All previously agreed upon General & Special Contract Provisions, executed
June 12th, 2020 will remain in place unless explicitly stated otherwise and agreed upon in writing.
Should the provisions in this letter be acceptable to Concept Seating Government, please sign and date
in the field below, and return a copy to H-GAC.
Please contact Alexandra Alani at alexandra.alani@h-gac.com, or Tammy Metty at tammy.metty@h-
gac.com, should you have any contract related questions or concerns. The Houston-Galveston Area
Council appreciates our continued partnership with Concept Seating Government, LLC.
Sincerely,
Chuck Wemple
Executive Director
Concept Seating Government, LLC
_______________________________
(Signature) (Date)
____________ ________
(Printed Name)
_________________
(Title)
DocuSign Envelope ID: B1F50F4B-6175-4443-AF3B-942534BA7524
VP of Government Sales
Joel Vento
3/1/2021
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Endura, LLC - Public Services - -
Page 1 of 7
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Endura, LLC, hereinafter referred to as the Contractor, having its
principal place of business at 3205 North 124th Street, Brookfield, WI 53005.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
Page 2 of 7
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jul 01 2020 and ends Jun 30 2022.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor’s ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
Page 3 of 7
off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
Page 4 of 7
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s)
Page 5 of 7
applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
Page 6 of 7
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
Page 7 of 7
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Endura, LLC
Signature $docusign:SignHere::Customer1
Name Joel Vento
Title VP of Gov't Sales
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Endura, LLC - Public Services -
Page 1 of 4
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
Page 2 of 4
benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Page 3 of 4
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Page 4 of 4
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Attachment A
Endura, LLC
911 Equipment & Emergency Notification Software and Services
Contract No.: EC07-20
H-GAC Product
Code Item Description Price Discount
Percentage
4257HLKC01
3142r1 High Back 24/7 Intensive Chair - Black Staccato Fabric - C-
Loop Arm $1,204.58 59.0%
4282HLKC01
3142r1 High Back 24/7 Intensive Chair - Navy Staccato Fabric - C-
Loop Arm $1,204.58 59.0%
4259HLKC01
3142r1 High Back 24/7 Intensive Chair - Burgundy Staccato Fabric -
C-Loop Arm
$1,204.58 59.0%
4255HLKC01
3142r1 High Back 24/7 Intensive Chair - Real Red Fabric Staccato -
C-Loop Arm $1,204.58 59.0%
4256HLKC01
3142r1 High Back 24/7 Intensive Chair - Slate Staccato Fabric - C-
Loop Arm $1,204.58 59.0%
4207HLKC01
3142r1 High Back 24/7 Intensive Chair -Black Alt Leather Black - C-
Loop Arm $1,305.44 59.0%
4270HLKC01 3142r1 High Back 24/7 Intensive Chair - Black Leather - C-Loop Arm $1,406.71 59.0%
4257HLKS01
3142r1 High Back 24/7 Intensive Chair - Black Staccato Fabric -
Swing Arm $1,240.25 59.0%
4282HLKS01
3142r1 High Back 24/7 Intensive Chair - Navy Staccato Fabric -
Swing Arm $1,240.25 59.0%
4259HLKS01
3142r1 High Back 24/7 Intensive Chair - Burgundy Staccato Fabric -
Swing Arm $1,240.25 59.0%
4255HLKS01
3142r1 High Back 24/7 Intensive Chair - Real Red Fabric Staccato -
Swing Arm $1,240.25 59.0%
4256HLKS01
3142r1 High Back 24/7 Intensive Chair - Slate Staccato Fabric -
Swing Arm $1,240.25 59.0%
4207HLKS01
3142r1 High Back 24/7 Intensive Chair -Black Alt Leather Black -
Swing Arm $1,328.81 59.0%
4270HLKS01 3142r1 High Back 24/7 Intensive Chair - Black Leather - Swing Arm $1,416.96 59.0%
50570LUC01
3150 Task 24/7 Intensive Use Chair - Black Staccato Fabric - C-Loop
Arms $1,168.50 59.0%
50820LUC01
3150 Task 24/7 Intensive Use Chair - Navy Staccato Fabric - C-Loop
Arms $1,168.50 59.0%
50590LUC01
3150 Task 24/7 Intensive Use Chair - Burgundy Staccato Fabric - C-
Loop Arms $1,168.50 59.0%
50560LUC01
3150 Task 24/7 Intensive Use Chair - Slate Staccato Fabric - C-Loop
Arms $1,168.50 59.0%
50550LUC01
3150 Task 24/7 Intensive Use Chair - Real Red Staccato Fabric - C-
Loop Arms $1,168.50 59.0%
Page 1 of 6
50070LUC01
3150 Task 24/7 Intensive Use Chair - Black Alt Leather - C-Loop
Arms $1,257.88 59.0%
50700LUC01 3150 Task 24/7 Intensive Use Chair - Black Leather - C-Loop Arms $1,346.85 59.0%
50570LUS01
3150 Task 24/7 Intensive Use Chair - Black Staccato Fabric - Swing
Arms $1,204.17 59.0%
50820LUS01
3150 Task 24/7 Intensive Use Chair - Navy Staccato Fabric - Swing
Arms $1,204.17 59.0%
50590LUS01
3150 Task 24/7 Intensive Use Chair - Burgundy Staccato Fabric -
Swing Arms $1,204.17 59.0%
50560LUS01
3150 Task 24/7 Intensive Use Chair - Slate Staccato Fabric - Swing
Arms $1,204.17 59.0%
50550LUS01
3150 Task 24/7 Intensive Use Chair - Real Red Staccato Fabric -
Swing Arms $1,204.17 59.0%
50070LUS01 3150 Task 24/7 Intensive Use Chair - Black Alt Leather - Swing Arms $1,282.07 59.0%
50700LUS01 3150 Task 24/7 Intensive Use Chair - Black Leather - Swing Arms $1,359.56 59.0%
5057ALUC01
3150HR Operator 24/7 Intensive Chair - Black Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,266.90 59.0%
5082ALUC01
3150HR Operator 24/7 Intensive Use Chair - Navy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,266.90 59.0%
5059ALUC01
3150HR Operator 24/7 Intensive Chair - Burgundy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,266.90 59.0%
5056ALUC01
3150HR Operator 24/7 Intensive Chair - Slate Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,266.90 59.0%
5055ALUC01
3150HR Operator 24/7 Intensive Use Chair - Red Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,266.90 59.0%
5007ALUC01
3150HR Operator 24/7 Intensive Use Chair - Black Alt Leather - C-
Loop Arms - Articulating Headrest $1,368.17 59.0%
5070ALUC01
3150HR Operator 24/7 Intensive Use Chair - Black Leather - C-Loop
Arms - Articulating Headrest $1,469.03 59.0%
5057ALUS01
3150HR Operator 24/7 Intensive Use Chair - Black Staccato Fabric -
Swing Arms - Articulating Headrest $1,302.57 59.0%
5082ALUS01
3150HR Operator 24/7 Intensive Use Chair - Navy Staccato Fabric -
Swing Arms - Articulating Headrest $1,302.57 59.0%
5059ALUS01
3150HR Operator 24/7 Intensive Chair - Burgundy Staccato Fabric -
Swing Arms - Articulating Headrest $1,302.57 59.0%
5056ALUS01
3150HR Operator 24/7 Intensive Use Chair - Slate Staccato Fabric -
Swing Arms - Articulating Headrest $1,302.57 59.0%
5055ALUS01
3150HR Operator 24/7 Intensive Chair - Real Red Staccato Fabric -
Swing Arms - Articulating Headrest $1,302.57 59.0%
5007ALUS01
3150HR Operator 24/7 Intensive Use Chair - Black Alt Leather -
Swing Arms - Articulating Headrest $1,390.72 59.0%
5070ALUS01
3150HR Operator 24/7 Intensive Use Chair - Black Leather - Swing
Arms - Articulating Headrest $1,479.28 59.0%
Page 2 of 6
52570LUC01
3152 Task 24/7 Intensive Use Chair - Black Staccato Fabric - C-Loop
Arms $1,350.54 59.0%
52820LUC01
3152 Task 24/7 Intensive Use Chair - Navy Staccato Fabric - C-Loop
Arms $1,350.54 59.0%
52590LUC01
3152 Task 24/7 Intensive Use Chair - Burgundy Staccato Fabric - C-
Loop Arms $1,350.54 59.0%
52560LUC01
3152 Task 24/7 Intensive Use Chair - Slate Staccato Fabric - C-Loop
Arms $1,350.54 59.0%
52550LUC01
3152 Task 24/7 Intensive Use Chair - Real Red Staccato Fabric - C-
Loop Arms $1,350.54 59.0%
52070LUC01
3152 Task 24/7 Intensive Use Chair - Black Alt Leather - C-Loop
Arms $1,439.51 59.0%
52700LUC01 3152 Task 24/7 Intensive Use Chair - Black Leather - C-Loop Arms $1,528.48 59.0%
52570LUS01
3152 Task 24/7 Intensive Use Chair - Black Staccato Fabric - Swing
Arms $1,385.80 59.0%
52820LUS01
3152 Task 24/7 Intensive Use Chair - Navy Staccato Fabric - Swing
Arms $1,385.80 59.0%
52590LUS01
3152 Task 24/7 Intensive Use Chair - Burgundy Staccato Fabric -
Swing Arms $1,385.80 59.0%
52560LUS01
3152 Task 24/7 Intensive Use Chair - Slate Staccato Fabric - Swing
Arms $1,385.80 59.0%
52550LUS01
3152 Task 24/7 Intensive Use Chair - Real Red Staccato Fabric -
Swing Arms $1,385.80 59.0%
52070LUS01 3152 Task 24/7 Intensive Use Chair - Black Alt Leather - Swing Arms $1,463.70 59.0%
52700LUS01 3152 Task 24/7 Intensive Use Chair - Black Leather - Swing Arms $1,541.60 59.0%
5257ALUC01
3152HR Operator 24/7 Intensive Chair - Black Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,448.53 59.0%
5282ALUC01
3152HR Operator 24/7 Intensive Use Chair - Navy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,448.53 59.0%
5259ALUC01
3152HR Operator 24/7 Intensive Chair - Burgundy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,448.53 59.0%
5256ALUC01
3152HR Operator 24/7 Intensive Chair - Slate Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,448.53 59.0%
5255ALUC01
3152HR Operator 24/7 Intensive Chair - Real Red Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,448.53 59.0%
5207ALUC01
3152HR Operator 24/7 Intensive Use Chair - Black Alt Leather - C-
Loop Arms - Articulating Headrest $1,549.80 59.0%
5270ALUC01
3152HR Operator 24/7 Intensive Use Chair - Black Leather - C-Loop
Arms - Articulating Headrest $1,650.66 59.0%
5257ALUS01
3152HR Operator 24/7 Intensive Use Chair - Black Staccato Fabric -
Swing Arms - Articulating Headrest $1,484.20 59.0%
5282ALUS01
3152HR Operator 24/7 Intensive Use Chair - Navy Staccato Fabric -
Swing Arms - Articulating Headrest $1,484.20 59.0%
Page 3 of 6
5259ALUS01
3152HR Operator 24/7 Intensive Chair - Burgundy Staccato Fabric -
Swing Arms - Articulating Headrest $1,484.20 59.0%
5256ALUS01
3152HR Operator 24/7 Intensive Use Chair - Slate Staccato Fabric -
Swing Arms - Articulating Headrest $1,484.20 59.0%
5255ALUS01
3152HR Operator 24/7 Intensive Chair - Real Red Staccato Fabric -
Swing Arms - Articulating Headrest $1,484.20 59.0%
5207ALUS01
3152HR Operator 24/7 Intensive Use Chair - Black Alt Leather -
Swing Arms - Articulating Headrest $1,572.35 59.0%
5270ALUS01
3152HR Operator 24/7 Intensive Use Chair - Black Leather - Swing
Arms - Articulating Headrest $1,660.50 59.0%
56570LBZ01
3156 Bariatric Chair - Black Staccato Fabric - Reinforced Adjustable
Arms $2,075.01 59.0%
56070LBZ01
3156 Bariatric Chair - Black Alt Leather - Reinforced Adjustable
Arms $2,163.98 59.0%
56700LBZ01 3156 Bariatric Chair - Black Leather- Reinforced Adjustable Arms $2,253.36 59.0%
5657ALBZ01
3156HR Bariatric Chair - Black Staccato Fabric - Reinforced
Adjustable Arms - Articulating Headrest $2,172.59 59.0%
5607ALBZ01
3156HR Bariatric Chair - Black Alt Leather- Reinforced Adjustable
Arms - Articulating Headrest $2,273.86 59.0%
5670ALBZ01
3156HR Bariatric Chair - Black Leather- Reinforced Adjustable
Arms - Articulating Headrest $2,374.72 59.0%
50570LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Black Staccato
Fabric - C-Loop Arms $1,474.77 59.0%
50820LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Navy Staccato
Fabric - C-Loop Arms $1,474.77 59.0%
50590LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Burgundy Staccato
Fabric - C-Loop Arms $1,474.77 59.0%
50560LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Slate Staccato
Fabric - C-Loop Arms $1,474.77 59.0%
50550LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Real Red Staccato
Fabric - C-Loop Arms $1,474.77 59.0%
50070LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Black Alt Leather - C-
Loop Arms $1,564.15 59.0%
50700LUC17
3150 Task 24/7 Intensive Use Two-step Stool - Black Leather - C-
Loop Arms $1,653.12 59.0%
50570LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Black Staccato
Fabric - Swing Arms $1,510.03 59.0%
50820LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Navy Staccato
Fabric - Swing Arms $1,510.03 59.0%
50590LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Burgundy Staccato
Fabric - Swing Arms $1,510.03 59.0%
50560LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Slate Staccato
Fabric - Swing Arms $1,510.03 59.0%
50550LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Real Red Staccato
Fabric - Swing Arms $1,510.03 59.0%
Page 4 of 6
50070LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Black Alt Leather -
Swing Arms $1,587.93 59.0%
50700LUS17
3150 Task 24/7 Intensive Use Two-step Stool - Black Leather -
Swing Arms $1,665.83 59.0%
5057ALUC17
3150HR Operator 24/7 Two-step Stool - Black Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,573.17 59.0%
5082ALUC17
3150HR Operator 24/7 Two-step Stool - Navy Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,573.17 59.0%
5059ALUC17
3150HR Operator 24/7 Two-step Stool - Burgundy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,573.17 59.0%
5056ALUC17
3150HR Operator 24/7 Two-step Stool - Slate Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,573.17 59.0%
5055ALUC17
3150HR Operator 24/7 Two-step Stool - Real Red Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,573.17 59.0%
5007ALUC17
3150HR Operator 24/7 Two-step Stool - Black Alt Leather - C-Loop
Arms - Articulating Headrest $1,674.44 59.0%
5070ALUC17
3150HR Operator 24/7 Two-step Stool - Black Leather - C-Loop
Arms - Articulating Headrest $1,775.30 59.0%
5057ALUS17
3150HR Operator 24/7 Two-step Stool - Black Staccato Fabric -
Swing Arms - Articulating Headrest $1,608.84 59.0%
5082ALUS17
3150HR Operator 24/7 Two-step Stool - Navy Staccato Fabric -
Swing Arms - Articulating Headrest $1,608.84 59.0%
5059ALUS17
3150HR Operator 24/7 Two-step Stool - Burgundy Staccato Fabric -
Swing Arms - Articulating Headrest $1,608.84 59.0%
5056ALUS17
3150HR Operator 24/7 Two-step Stool - Slate Staccato Fabric -
Swing Arms - Articulating Headrest $1,608.84 59.0%
5055ALUS17
3150 Operator 24/7 Two-step Stool - Real Red Staccato Fabric -
Swing Arms - Articulating Headrest $1,608.84 59.0%
5007ALUS17
3150HR Operator 24/7 Two-step Stool - Black Alt Leather - Swing
Arms - Articulating Headrest $1,696.99 59.0%
5070ALUS17
3150HR Operator 24/7 Two-step Stool - Black Leather - Swing Arms
- Articulating Headrest $1,785.14 59.0%
52570LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Black Staccato
Fabric - C-Loop Arms $1,655.99 59.0%
52820LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Navy Staccato
Fabric - C-Loop Arms $1,655.99 59.0%
52590LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Burgundy Staccato
Fabric - C-Loop Arms $1,655.99 59.0%
52560LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Slate Staccato
Fabric - C-Loop Arms $1,655.99 59.0%
52550LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Real Red Staccato
Fabric - C-Loop Arms $1,655.99 59.0%
52070LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Black Alt Leather - C-
Loop Arms $1,745.37 59.0%
52700LUC17
3152 Task 24/7 Intensive Use Two-step Stool - Black Leather - C-
Loop Arms $1,834.34 59.0%
Page 5 of 6
52570LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Black Staccato
Fabric - Swing Arms $1,690.84 59.0%
52820LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Navy Staccato
Fabric - Swing Arms $1,690.84 59.0%
52590LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Burgundy Staccato
Fabric - Swing Arms $1,690.84 59.0%
52560LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Slate Staccato
Fabric - Swing Arms $1,690.84 59.0%
52550LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Real Red Staccato
Fabric - Swing Arms $1,690.84 59.0%
52070LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Black Alt Leather -
Swing Arms $1,768.74 59.0%
52700LUS17
3152 Task 24/7 Intensive Use Two-step Stool - Black Leather -
Swing Arms $1,846.64 59.0%
5257ALUC17
3152HR Operator 24/7 Two-step Stool - Black Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,754.39 59.0%
5282ALUC17
3152HR Operator 24/7 Two-step Stool - Navy Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,754.39 59.0%
5259ALUC17
3152HR Operator 24/7 Two-step Stool - Burgundy Staccato Fabric -
C-Loop Arms - Articulating Headrest $1,754.39 59.0%
5256ALUC17
3152HR Operator 24/7 Two-step Stool - Slate Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,754.39 59.0%
5255ALUC17
3152 Operator 24/7 Two-step Stool - Real Red Staccato Fabric - C-
Loop Arms - Articulating Headrest $1,754.39 59.0%
5207ALUC17
3152HR Operator 24/7 Two-step Stool - Black Alt Leather - C-Loop
Arms - Articulating Headrest $1,855.25 59.0%
5270ALUC17
3152HR Operator 24/7 Two-step Stool - Black Leather - C-Loop
Arms - Articulating Headrest $1,956.11 59.0%
5257ALUS17
3152HR Operator 24/7 Two-step Stool - Black Staccato Fabric -
Swing Arms - Articulating Headrest $1,789.65 59.0%
5282ALUS17
3152HR Operator 24/7 Two-step Stool - Navy Staccato Fabric -
Swing Arms - Articulating Headrest $1,789.65 59.0%
5259ALUS17
3152HR Operator 24/7 Two-step Stool - Burgundy Staccato Fabric -
Swing Arms - Articulating Headrest $1,789.65 59.0%
5256ALUS17
3152HR Operator 24/7 Two-step Stool - Slate Staccato Fabric -
Swing Arms - Articulating Headrest $1,789.65 59.0%
5255ALUS17
3152HR Operator 24/7 Two-step Stool - Real Red Staccato Fabric -
Swing Arms - Articulating Headrest $1,789.65 59.0%
5207ALUS17
3152HR Operator 24/7 Two-step Stool - Black Alt Leather - Swing
Arms - Articulating Headrest $1,877.80 59.0%
5270ALUS17
3152HR Operator 24/7 Two-step Stool - Black Leather - Swing Arms
- Articulating Headrest $1,965.95 59.0%
Page 6 of 6
Part Number Decription Price UM Catalog Page Xybix
12343-1-3-SS Panel System 42-48in Single Sided - Grade 3 281 EA 5 281
12343-2-3-DS Panel System 42-48in Double Sided - Grade 3 380 EA 5 380
12344-1-3-SS Panel System 65in Single Sided - Grade 3 376 EA 5
12344-2-3-DS Panel System 65in Double Sided - Grade 3 522 EA 5 522
12196 Panel Frame Stack On 18w 87 EA 5
12197 Panel Frame Stack On 24w 94 EA 5
12198 Panel Frame Stack On 30w 103 EA 5
12199 Panel Frame Stack On 36w 111 EA 5
12200 Panel Frame Stack On 42w 119 EA 5
12201 Panel Frame Stack On 48w 147 EA 5
12343-1-2-SS Panel System 42-48in Single Sided - Grade 2 268 EA 5
12343-2-2-DS Panel System 42-48in Double Sided - Grade 2 361 EA 5
12344-1-2-SS Panel System 65in Single Sided - Grade 2 359 EA 5
12344-2-2-DS Panel System 65in Double Sided - Grade 2 498 EA 5
14608 Panel Enclosure Stack On Kit 18 wide 902 EA 5
14609 Panel Enclosure Stack On Kit 24 wide 978 EA 5
14610 Panel Enclosure Stack On Kit 30 wide 1057 EA 5
14611 Panel Enclosure Stack On Kit 36 wide 1333 EA 5
14612 Panel Enclosure Stack On Kit 42 wide 1410 EA 5
14613 Panel Enclosure Stack On Kit 48 wide 1489 EA 5
14527 Panel Segment - Premium Acoustic Tile 14x18 100 EA 6
14527RPL Panel Segment - Premium Acoustic Tile 14x18 161 EA 6
14528 Panel Segment - Premium Acoustic Tile 14x24 100 EA 6
14528RPL Panel Segment - Premium Acoustic Tile 14x24 161 EA 6
14529 Panel Segment - Premium Acoustic Tile 14x30 149 EA 6
14529RPL Panel Segment - Premium Acoustic Tile 14x30 296 EA 6
14530 Panel Segment - Premium Acoustic Tile 14x36 149 EA 6
14530RPL Panel Segment - Premium Acoustic Tile 14x36 296 EA 6
14531 Panel Segment - Premium Acoustic Tile 14x42 149 EA 6
14531RPL Panel Segment - Premium Acoustic Tile 14x42 296 EA 6
14532 Panel Segment - Premium Acoustic Tile 14x48 149 EA 6
14532RPL Panel Segment - Premium Acoustic Tile 14x48 296 EA 6
14533 Panel Segment - Premium Acoustic Tile 18x18 100 EA 6
14533RPL Panel Segment - Premium Acoustic Tile 18x18 161 EA 6
14534 Panel Segment - Premium Acoustic Tile 18x24 100 EA 6
14534RPL Panel Segment - Premium Acoustic Tile 18x24 161 EA 6
14535 Panel Segment - Premium Acoustic Tile 18x30 149 EA 6
14535RPL Panel Segment - Premium Acoustic Tile 18x30 296 EA 6
14536 Panel Segment - Premium Acoustic Tile 18x36 149 EA 6
14536RPL Panel Segment - Premium Acoustic Tile 18x36 296 EA 6
14537 Panel Segment - Premium Acoustic Tile 18x42 149 EA 6
14537RPL Panel Segment - Premium Acoustic Tile 18x42 296 EA 6
14538 Panel Segment - Premium Acoustic Tile 18x48 149 EA 6
14538RPL Panel Segment - Premium Acoustic Tile 18x48 296 EA 6
14539 Panel Segment - Premium Acoustic Tile 24x18 100 EA 6
14539RPL Panel Segment - Premium Acoustic Tile 18x24 161 EA 6
14540 Panel Segment - Premium Acoustic Tile 24x24 100 EA 6
14540RPL Panel Segment - Premium Acoustic Tile 24x24 161 EA 6
14541 Panel Segment - Premium Acoustic Tile 24x30 149 EA 6
14541RPL Panel Segment - Premium Acoustic Tile 24x30 296 EA 6
14542 Panel Segment - Premium Acoustic Tile 24x36 149 EA 6
14542RPL Panel Segment - Premium Acoustic Tile 24x36 296 EA 6
14543 Panel Segment - Premium Acoustic Tile 24x42 149 EA 6
14543RPL Panel Segment - Premium Acoustic Tile 24x42 296 EA 6
14544 Panel Segment - Premium Acoustic Tile 24x48 149 EA 6
14544RPL Panel Segment - Premium Acoustic Tile 48x24 296 EA 6
16715 10" High Non-Lit and Blank Panel Acrylic Priced by the Linear Foot 247 EA 7
16716 10" High Non-Lit with Decal Panel Acrylic Priced by the Linear Foot 482 EA 7
16717 10" High Lit and Blank Panel Acrylic Priced by the Linear Foot 351 EA 7
16718 10" High Lit with Etched Panel Acrylic Priced by the Linear Foot 586 EA 7 518
16719 18" High Non-Lit and Blank Panel Acrylic Priced by the Linear Foot 294 EA 7
16720 18" High Non-Lit with Decal Panel Acrylic Priced by the Linear Foot 699 EA 7
16721 18" High Lit and Blank Panel Acrylic Priced by the Linear Foot 398 EA 7
16722 18" High Lit with Etched Panel Acrylic Priced by the Linear Foot 803 EA 7
16756 Custom Logo Conversion and/or Formatting for Transfer onto Acrylic 600 EA 7
15560 Acrylic Cleaning Kit 134 EA 7
12224-BLK Panel Seg Glass 18x18W Black 418 EA 8
12225-BLK Panel Seg Glass 18x24W Black 472 EA 8
12226-BLK Panel Seg Glass 18x30W Black 534 EA 8
12227-BLK Panel Seg Glass 18x36W Black 590 EA 8
12228-BLK Panel Seg Glass 18x42W Black 638 EA 8
12229-BLK Panel Seg Glass 18x48W Black 698 EA 8
13586 Panel Segment White Board 18h x 18w 184 EA 8
13587 Panel Segment White Board 18h x 24w 202 EA 8
13588 Panel Segment White Board 18h x 30w 219 EA 8
13589 Panel Segment White Board 18h x 36w 238 EA 8
13590 Panel Segment White Board 18h x 42w 260 EA 8
13591 Panel Segment White Board 18h x 48w 279 EA 8
13866-3D Panel Segment 3D Laminate 24h x 18w 19 EA 8
13866-3D-RPL Panel Segment 3D Laminate 24h x 18w 111 EA 8
13867-3D Panel Segment 3D Laminate 24h x 24w 19 EA 8
13867-3D-RPL Panel Segment 3D Laminate 24h x 24w 111 EA 8
13868-3D Panel Segment 3D Laminate 24h x 30w 23 EA 8
13868-3D-RPL Panel Segment 3D Laminate 24h x 30w 148 EA 8
13869-3D Panel Segment 3D Laminate 24h x 36w 23 EA 8
13869-3D-RPL Panel Segment 3D Laminate 24h x 36w 148 EA 8
13870-3D Panel Segment 3D Laminate 24h x 42w 23 EA 8
13870-3D-RPL Panel Segment 3D Laminate 24h x 42w 148 EA 8
13871-3D Panel Segment 3D Laminate 24h x 48w 23 EA 8
13871-3D-RPL Panel Segment 3D Laminate 24h x 48w 148 EA 8
13872-3D Panel Segment 3D Laminate 14h x 18w 19 EA 8
13872-3D-RPL Panel Segment 3D Laminate 14h x 18w 111 EA 8
13873-3D Panel Segment 3D Laminate 14h x 24w 19 EA 8
13873-3D-RPL Panel Segment 3D Laminate 14h x 24w 111 EA 8
13874-3D Panel Segment 3D Laminate 14h x 30w 23 EA 8
13874-3D-RPL Panel Segment 3D Laminate 14h x 30w 148 EA 8
13875-3D Panel Segment 3D Laminate 14h x 36w 23 EA 8
13875-3D-RPL Panel Segment 3D Laminate 14h x 36w 148 EA 8
13876-3D Panel Segment 3D Laminate 14h x 42w 23 EA 8
13876-3D-RPL Panel Segment 3D Laminate 14h x 42w 148 EA 8
13877-3D Panel Segment 3D Laminate 14h x 48w 23 EA 8
13877-3D-RPL Panel Segment 3D Laminate 14h x 48w 148 EA 8
13878-3D Panel Segment 3D Laminate 18h x 18w 19 EA 8
13878-3D-RPL Panel Segment 3D Laminate 18h x 18w 111 EA 8
13879-3D Panel Segment 3D Laminate 18h x 24w 19 EA 8
13879-3D-RPL Panel Segment 3D Laminate 18h x 24w 111 EA 8
13880-3D Panel Segment 3D Laminate 18h x 30w 23 EA 8
13880-3D-RPL Panel Segment 3D Laminate 18h x 30w 148 EA 8
13881-3D Panel Segment 3D Laminate 18h x 36w 23 EA 8
13881-3D-RPL Panel Segment 3D Laminate 18h x 36w 148 EA 8
13882-3D Panel Segment 3D Laminate 18h x 42w 23 EA 8
13882-3D-RPL Panel Segment 3D Laminate 18h x 42w 148 EA 8
13883-3D Panel Segment 3D Laminate 18h x 48w 23 EA 8
13883-3D-RPL Panel Segment 3D Laminate 18h x 48w 148 EA 8
11376 Overhead Bin with Fabric Wrapped Door 24" wide 835 EA 9
11377 Overhead Bin with Fabric Wrapped Door 30" wide 870 EA 9
11378 Overhead Bin with Fabric Wrapped Door 36" wide 967 EA 9 473.83
11379 Overhead Bin with Fabric Wrapped Door 42" wide 1023 EA 9
11380 Overhead Bin with Fabric Wrapped Door 48" wide 1079 EA 9
12281-BLK Open Shelf 24" Black 341 EA 9
12282-BLK Open Shelf 30" Black 361 EA 9
12283-BLK Open Shelf 36" Black 385 EA 9
12284-BLK Open Shelf 42" Black 408 EA 9
12285-BLK Open Shelf 48" Black 434 EA 9
12287 Under Shelf/Overhead Bin LED Task Light 24” W (7.8watts)439 EA 9
12288 Under Shelf/Overhead Bin LED Task Light 30-36” W (17 watts)710 EA 9
12289 Under Shelf/Overhead Bin LED Task Light 42-48” W (25.9 watts )1016 EA 9
14145-blk Cable Pole 96" - Alum Black 130 EA 9
15335 Cable Pole Trim Kit Top and Bottom Aluminum Black 32 EA 9
14488-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 60x60 2023 EA 10
14489-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 72x72 2134 EA 10
14490-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 96x96 2464 EA 10
14492-3D 3D Laminate Worksurface 10RV + CM Straight Single up to 48x48 923 EA 10
14493-3D 3D Laminate Worksurface 10RV + CM Straight Single up to 48x60 1062 EA 10
14494-3D 3D Laminate Worksurface 10RV + CM Straight Single up to 48x96 1399 EA 10
14676 Table Pre Assembly X2 71 EA 10
15698 T2 Table Base 2014 EA 10
15699 T3 Table Base 2928 EA 10
16323 L2 Table Base 2129 EA 10
16324 L3 Table Base 3071 EA 10
14485-3D 3D Laminate Worksurface 10RV + CM Corner Dual up to 63x63 1785 EA 11
14486-3D 3D Laminate Worksurface 10RV + CM Corner Dual up to 72x72 2719 EA 11 1332.31
14497-3D 3D Laminate Worksurface 10RV + CM Straight Dual up to 48x60 1747 EA 11
14498-3D 3D Laminate Worksurface 10RV + CM Straight Dual up to 48x96 1847 EA 11 905.03
15701 L4 Table Base 6736 EA 11 3300.64
16325-3D 3D Laminate Worksurface10RV + CM Straight Single up to 48x60 1747 EA 11
16326-3D 3D Laminate Worksurface 10RV + CM Straight Single up to 48x96 1847 EA 11
16327-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 63x63 1785 EA 11
16328-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 72x72 2719 EA 11
15709-SBS SBS Cable Bridge Staight Left Side 261 EA 12
15710-SBS SBS Cable Bridge Straight Right Side 261 EA 12
16209-SBS SBS Cable Bridge Corner Angled Left Side 261 EA 12
16210-SBS SBS Cable Bridge Corner Angled Right Side 261 EA 12
14377-3D 3D Laminate Worksurface 10RV + CM Corner Dual up to 96x96 2859 EA 12 1400.91
14487-3D 3D Laminate Worksurface 10RV + CM Corner Dual up to 84x84 2780 EA 12
15702 L5 Table Base 8471 EA 12 4150.79
15703 L6 Table Base 9428 EA 12
15707-60X60 Cable Bridge 60x60 Corner Left Side 261 EA 12
15708-60X60 Cable Bridge 60x60 Corner Right Side 261 EA 12
15709 Cable Bridge Straight Left Side 261 EA 12 127.89
15710 Cable Bridge Straight Right Side 261 EA 12 127.89
15844 L5S Table Base for 72X72 Corner Worksurface 8279 EA 12 4056.71
16209 Cable Bridge Corner Angled Left Side 261 EA 12 127.89
16210 Cable Bridge Corner Angled Right Side 261 EA 12 127.89
16329-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 84x84 2780 EA 12
16330-3D 3D Laminate Worksurface 10RV + CM Corner Single up to 96x96 2859 EA 12
16338-BLK Conference Table Base Black T4 Height Adjustable Height Base 24"- 50" Cable Management Included (Worksurface Sold Separately)3024 EA 13
16338-GRY Conference Table Base Gray T4 Height Adjustable Height Base 24"- 50" Cable Management Included (Worksurface Sold Separately)3024 EA 13
16339-3D 3D Laminate Adjustable Conference Table Worksurface 96W x 48D 1667 EA 13
16340-3D 3D Laminate Adjustable Conference Table Worksurface 108W x 48D 1787 EA 13
14632-3D 3D LAM EOC Table 42W X 33D 2001 EA 14
14633-3D 3D LAM EOC Table 48W X 33D 2022 EA 14 1113.28
14634-3D 3D LAM EOC Table 54W X 33D 2116 EA 14
14635-3D 3D LAM EOC Table 60W X 33D 2402 EA 14
14636-3D 3D LAM EOC Table 72W X 33D 2454 EA 14
16744 Monitor Mount 3 - RollerVision - Corner 2363 EA 15 1672.37
16745 Monitor Mount 3 - RollerVision - Straight 2363 EA 15 1157.87
16746 Monitor Mount 3 - Fixed Arc - Corner 1587 EA 15
16747 Monitor Mount 3 - Fixed Arc - Straight 1587 EA 15
16674 Std VESA Mount, 1 HI 1 Knuckle, Tool-less Adj.350 EA 15 350
16675 Std VESA Mount, 2 HI 1 Knuckle, Tool-less Adj.479 EA 15
16676 Std VESA Mount, 2 HI 2 Knuckle, Tool-less Adj.860 EA 15 860
16677 Heavy Duty VESA Mount, 1 HI 1 Knuckle, Tool-less Adj.853 EA 15
16678 >42 Inch TV VESA Mount, 1 HI 1 Mount, Tool-less Adj.537 EA 15
16679 Scissor VESA Mount, 1 HI 1 Mount, Tool-less Adj.609 EA 15
14468 Monitor Spacer Plate 100 X 100 Kit 75 EA 15
15583 Flat Panel Mounting Plate Adaptor Kit, 200x200 77 EA 15
15584 Flat Panel Mounting Plate Adaptor Kit, 200 x 400 77 EA 15
16780 Monitor Mount 3 - Post Mount 750 EA 15
16762 Scissor VESA Mount, 2 HI 1 Knuckle, Tool-less Adj.700 EA 15
16763 Scissor VESA Mount, 2 HI 2 Knuckle, Tool-less Adj.1183 EA 15
16764 >42 Inch TV VESA Mount, 2 HI 1 Mount, Tool-less Adj.922 EA 15
16765 Heavy Duty VESA Mount, 2 HI 1 Knuckle, Tool-less Adj.1337 EA 15
16775 1Hi No Knuckle Upgrade, Tool-less Adj.81 EA 15
16776 2Hi No Knuckle Upgrade, Tool-less Adj.116 EA 15
12076 Flat Panel Knuckle Assembly Chief 330 EA 16
12688 Flat Panel Monitor Mount Tilt 32-60" Display 517 EA 16
12760 Flat Panel Assm. Knuckle Heavy Duty < 75 # Assembly100 x 200 mm, 200 x 200 mm,100 x 100 mm or 75 x 75mm mounƟng opƟons833EA 16
12780 RV 2HI Upgrade Corner 1664 EA 16
13160 Quickstack 596 EA 16
13160SM Quickstack w Scissor Mount 749 EA 16
13822 RV 2HI Upgrade Straight 1664 EA 16
14784 Quickstack 2 Post Stack On Kit 1335 EA 16
14784SM Quickstack 2 Post w Scissor Mounts Stack On Kit 1890 EA 16
15439 Scissor Mount Assembly- 6” Horizontal Travel – 25lb weight capacity 589 EA 16
16126 2Hi 1 Knuckle Assembly RV2 458 EA 16
16127 2Hi 2 Knuckle Assembly RV2 840 EA 16
16773 1Hi No Knuckle Upgrade, RV2 61 EA 16
16774 2Hi No Knuckle Upgrade, RV2 99 EA 16
15204 Touch Screen Desk Top Stand - Black 188 EA 17
15711 Monitor Arm Single - Adjustable - Silver - Kit 237 EA 17
15711-2 Monitor Arm Dual - Adjustable - Silver - Kit 500 EA 17
16130-4 Datadock2 - Keyboard Snap-In Cable Organizer Includes: 4 - USB Ports 1 - RJ45 Port 520 EA 18
16130-8 Datadock2 - Keyboard Snap-In Cable Organizer Includes: 8 - USB Ports 1 - RJ45 Port 709 EA 18 347.41
16131 Datadock2 Snap-In 2 USB Expansion Cable Kit 121 EA 18
16132 Datadock2 Snap-In RJ45 Expansion Cable Kit 129 EA 18
16275 Datadock2 - Single Surface - Cable Organizer - 8 USB, 1 RJ45 885 EA 18
13074 Ext Cable Monitor - TBD 104 EA 19 50.96
11623 Ext. Cable USB Type A to Type A Keyboard/Mouse 3M (9' 10")46 EA 19
11778 Ext. Monitor Cable 15' VGA High Quality Male/Female 104 EA 19
11816 Ext. Monitor Cable DVI-D Male/Female 5M (16' 4")104 EA 19
11996 Ext. Cable USB Type A to Type A Extension & Booster 5M (16' 4")125 EA 19
12775 Ext. Monitor Cable DVI-D Male/Female 3M (9' 10")104 EA 19
12787 USB Type A to Type A Keyboard/Mouse Extension 5M (16' 4") - Color: BLACK 49 EA 19
13101 Ext. Monitor Replacement Cable DVI-D Male/Male 5M (16' 4")104 EA 19
13729 Ext Monitor Cable 25' VGA High Quality Male/Female 104 EA 19
14209 Ext. Monitor Replacement Cable DVI-D Male/Male 4M (13' 1")104 EA 19
15532 Ext. Monitor Replacement Cable DVI-D Male/Male 8M (25')104 EA 19
11132 Ext Audio Cable 3.5mm Jack Male/Female 25'49 EA 20
12012 Ext. Monitor Cable DVI-I Dual Link Male/Male 5M (16' 4")104 EA 20
12786 Ext. Monitor Cable DVI-I Male/Female 3M (9' 10")104 EA 20
14205 Ext. Monitor Replacement Cable DVI-I Male/Male 4M (13')104 EA 20
14342 Display Port Cable 15 ft Male/Male 104 EA 20
14349 Display Port Cable 25 FT Male/Male 104 EA 20
15033 Data Package 12-Port Cat6 537 EA 20
15078 Ext. Monitor Cable HDMI High Speed Cable M/M with Ethernet CL2-rated 5M (16.4ft)104 EA 20
15087 Data Package 8-Port Cat6 403 EA 20
15095 HDMI Cable w/ Ethernet M/M 25' High Speed 104 EA 20
11792-BLK Power Bar - 10 Outlet With Black Sticker 170 EA 21 83.3
11792-OR Power Bar - 10 Outlet With Orange Sticker 170 EA 21 83.3
12404 Power Bar - 6 Outlet Black, 15'125 EA 21
13612 Power Bar - 6 Outlet Black RV Add on Kit 125 EA 21
14642 Power Data Station, Power 3/ Data 2 RJ11 OR RJ45 outlets, plastic, black, 10' power cord, RJ45 socket 325 EA 21
14976 6 Outlet Power Strip 25'180 EA 21 88.2
15506 PDU Assembly - 15A 120V - 13 5-15R Outlets - 15 ft cord 440 EA 21
15508 Power Data Station Grommet, Power 3/Data 1/USB 2, 10 FT Power Cord 325 EA 21 159.25
15847 Grounding Kit Panel Frame Only 646 EA 21
15848 Grounding Kit Full Station R56 Compliant 1539 EA 21
15885 MojoDesk Clamp On Power Bar 84 EA 21
15898 MAGic-Snap Power Bar Assembly 120 EA 21
11683 Energy Chain 22-48 Monitor Surface 275 EA 22 134.75
11786 Wire Manager Latching Channel 1.5" W 11 FT 22
15561 Cable Management J Channel 3.5"Top x 2.5" Height- 5.45"Bottom 23 FT 22
15796 Large J Channel w/tape, 98.43" Black 1 5/8" x 2 3/8"11 FT 22
15822 Lift Case additional Energy Chains NO PULL 258 EA 22 126.42
15895 Mojo Economy Cable Sleeve Kit 120 EA 22
15896 MAGic-Snap Energy Chain Kit 239 EA 22
15899-ASM MAGic-Snap Cable Tray Assembly - 40"239 EA 22
15899-SM-ASM MAGic-Snap Small Cable Tray Assembly - 29"192 EA 22
16220 Monitor Energy Chain to Lift Case Kit 94 EA 22
16709AXS LUX2 Task Lights for Axys 519 EA 23 519
16710AXS Panel System Lighting Controller for Axys 104 EA 23
16711AXS Footwell Lighting for Axys 155 EA 23 155
16712AXS Downward Bias Lighting for Axys 155 EA 23 155
16713AXS Arc Lighting for Axys 519 EA 23
16714AXS Integrated Status Light for Axys 623 EA 23
16707AXS Forced Air Heater Upgrade for Axys 250W X2 = 500W 582 EA 23 582
16708 Axys Control System with Fan 2079 EA 23 1710.1
16710 Standalone Panel System Lighting Controller 104 EA 24
16711 Standalone Footwell Lighting 155 EA 24
16712 Standalone Downward Bias Lighting 155 EA 24
16713 Standalone Arc Lighting 519 EA 24
15280 Task Light Assembly Kit LED - Z-Bar Solo Mini Blk, Warm White 561 EA 24
16709 Standalone LUX2 Task Lights 519 EA 24
15618MCC Task Light Pair LUX2 LED My Climate 620 EA 24
14384 Fan Filter MyClimate 15 EA 24
16707 Standalone Forced Air Heat 250W X2 = 500W 688 EA 24
16058 MyClimate Upgrade to Forced Air Heater from no heat 250W X2 = 500W 470 EA 24
10021-3D 3D LAM Rackmount 2 High Base Sloped for CFG-RMS 530 EA 26
10022-3D 3D LAM Rackmount Stack-on - 1 High for CFG-RMS 275 EA 26
10023-3D PN Placeholder3D LAM Rackmount Stack-on - 2 High for CFG-RMS 426 EA 26
10024-3D 3D LAM Rackmount Stack-on - 3 High for CFG-RMS 549 EA 26
11165-3D 3D LAM Rackmount 1 High Base Sloped for CFG_RMS 366 EA 26
15463 Shelf Under Surface 19W x 9D - Metal 166 EA 26 81.34
15475 Shelf Under Surface Rackmount Upgrade 36 EA 26
15476 Shelf Under Surface USB Charging Upgrade Assembly 139 EA 26 68.11
15342 Status Indicator Badge - Black 169 EA 25
16331 Light - LED Status Indicator Tower W/ Black Housing 70MM 1 HI Red-12-30Vdc or 27Vac 943 EA 25
16331MCC Light - LED Status Indicator Tower W/ Black Housing 70MM 1 HI Red-12-30Vdc or 27Vac For MyClimate 943 EA 25
16332 Light - LED Status Indicator Tower W/ Black Housing 70MM 2 HI Red-Green 12-30Vdc or 27Vac 1223 EA 25
16332MCC Light - LED Status Indicator Tower W/ Black Housing 70MM 2 HI Red-Green 12-30Vdc or 27Vac For MyClimate1223EA 25
16333 Light - LED Status Indicator Tower W/ Black Housing 70MM 3 HI Red-Yellow-Green 12-30Vdc or 27Vac 1507 EA 25
16333MCC Light - LED Status Indicator Tower W/ Black Housing 70MM 3 HI Red-Yellow-Green 12-30Vdc or 27Vac For MyClimate1507EA 25
16334 Light - LED Status Indicator Tower W/ Black Housing 70MM 4 HI Red-Yellow-Green-Blue 12-30Vdc or 27Vac1790 EA 25
16334MCC Light - LED Status Indicator Tower W/ Black Housing 70MM 4 HI Red-Yellow-Green-Blue 12-30Vdc or 27Vac For MyClimate1790EA 25
13617 Rollervision Task or Status Light Mount Kit 50 EA 25
16769AXS Light - LED Status Indicator Tower W/ Black Housing 70MM 1 HI Red-12-30Vdc or 27Vac For Axys 943 EA 25
16770AXS Light - LED Status Indicator Tower W/ Black Housing 70MM 2 HI Red-Green 12-30Vdc or 27Vac For Axys 1223 EA 25
16771AXS Light - LED Status Indicator Tower W/ Black Housing 70MM 3 HI Red-Yellow-Green 12-30Vdc or 27Vac For Axys1507EA 25
16772AXS Light - LED Status Indicator Tower W/ Black Housing 70MM 4 HI Red-Yellow-Green-Blue 12-30Vdc or 27Vac For Axys1790EA 25
12030-3D 3D Laminate Return Worksurface 12-48 x 12-24 491 EA 27
12031-3D 3D Laminate Return Worksurface 48-96 x 12-24 822 EA 27 402.78
12033-3D 3D Laminate Return Worksurface 12-48 x 25-48 656 EA 27 321.44
12034-3D 3D Laminate Return Worksurface 49-60 x 24-48 822 EA 27 402.78
12035-3D 3D Laminate Return Worksurface 61-96 x 24-48 1183 EA 27
12036-3D 3D Laminate Return Worksurface 97-120 x 0-48 1541 EA 27
12037 Plexiglas Custom Cover 325 EA 27
13094-3D 3D Laminate Return Worksurface 97-120 x 49-60 1857 EA 27
13618-3D 3D LAM CPU Cabinet 21W UWS 1995 EA 28
13619-3D 3D LAM CPU Cabinet 24W UWS 2024 EA 28
13620-3D 3D LAM CPU Cabinet 27W UWS 2053 EA 28
13621-3D 3D LAM CPU Cabinet 30W UWS 2082 EA 28
13622-3D 3D LAM CPU Cabinet 33W UWS 2111 EA 28
13623-3D 3D LAM CPU Cabinet 36W UWS 2139 EA 28
13624-3D 3D LAM CPU Cabinet 39W UWS 2169 EA 28
13625-3D 3D LAM CPU Cabinet 42W UWS 2204 EA 28
13626-3D 3D LAM CPU Cabinet 45W UWS 2239 EA 28
13627-3D 3D LAM CPU Cabinet 48W UWS 2276 EA 28
13636-3D 3D LAM CPU Cabinet 18W UWS 1693 EA 28 1096.62
15482-3D 3D LAM CPU Cabinet 18W UWS ERGO ACCESS 924 EA 28
15483-3D 3D LAM CPU Cabinet 21W UWS ERGO ACCESS 1095 EA 28
15484-3D 3D LAM CPU Cabinet 24W UWS ERGO ACCESS 1141 EA 28 826.14
15485-3D 3D LAM CPU Cabinet 27W UWS ERGO ACCESS 1219 EA 28 864.36
15486-3D 3D LAM CPU Cabinet 30W UWS ERGO ACCESS 1238 EA 28
15487-3D 3D LAM CPU Cabinet 33W UWS ERGO ACCESS 1258 EA 28 883.47
15488-3D 3D LAM CPU Cabinet 36W UWS ERGO ACCESS 1262 EA 28 885.43
15489-3D 3D LAM CPU Cabinet 39W UWS ERGO ACCESS 1301 EA 28
15490-3D 3D LAM CPU Cabinet 42W UWS ERGO ACCESS 1353 EA 28
15491-3D 3D LAM CPU Cabinet 45W UWS ERGO ACCESS 1432 EA 28
15492-3D 3D LAM CPU Cabinet 48W UWS ERGO ACCESS 1489 EA 28 996.66
16441-3D 3D LAM CPU Cabinet 12W UWS ERGO ACCESS 753 EA 28 636.02
FT Flip Top Price 545 EA 28
RD Rear Door Price 274 EA 28
15222-3D 3D LAM CPU Cabinet TT Back to Back Ergoacess 12W 48H 3612 EA 29
15223-3D 3D LAM CPU Cabinet TT Back to Back Ergoacess 18W 48H 3716 EA 29
15224-3D 3D LAM CPU Cabinet TT Back to Back Ergoacess 26W 48H 4326 EA 29
15894-HP CPU Hanger, High Profile 121 EA 29
11277-3D 3D LAM CPU Cabinet TT Back to Back 12W 48H 4436 EA 29
13628-3D 3D LAM CPU Cabinet TT 12W 2252 EA 29
13629-3D 3D LAM CPU Cabinet TT 18W 2490 EA 29
13630-3D 3D LAM CPU Cabinet TT 26W 3220 EA 29
13637-3D 3D LAM CPU Cabinet TT Back to Back 18W 5036 EA 29
13638-3D 3D LAM CPU Cabinet TT Back 2 Back 26w 6311 EA 29
15219-3D 3D LAM CPU Cabinet TT Ergoaccess 12W 48H 1952 EA 29
15220-3D 3D LAM CPU Cabinet TT Ergoacess 18W 48H 2115 EA 29
15221-3D 3D LAM CPU Cabinet TT Ergoacess 26W 48H 2427 EA 29
15456-3D 3D LAM CPU Cabinet Side by Side 72W 42H 4431 EA 30
13631-3D 3D LAM CPU Cabinet Side by Side 48W 3906 EA 30
13632-3D 3D LAM CPU Cabinet Side by Side 54W 3960 EA 30
13633-3D 3D LAM CPU Cabinet Side by Side 60W 4229 EA 30
13634-3D 3D LAM CPU Cabinet Side by Side 66W 4342 EA 30
13635-3D 3D LAM CPU Cabinet Side by Side 72W 4485 EA 30
15446-3D 3D LAM CPU Cabinet TT 12W 42H 1923 EA 30
15447-3D 3D LAM CPU Cabinet TT 18W 42H 2088 EA 30
15448-3D 3D LAM CPU Cabinet TT 26W 42H 2392 EA 30
15449-3D 3D LAM CPU Cabinet TT Back to Back 12W 42H 3524 EA 30
15450-3D 3D LAM CPU Cabinet TT Back to Back 18W 42H 4063 EA 30
15451-3D 3D LAM CPU Cabinet TT Back to Back 26W 42H 4395 EA 30
15452-3D 3D LAM CPU Cabinet Side by Side 48W 42H 3764 EA 30
15453-3D 3D LAM CPU Cabinet Side by Side 54W 42H 3923 EA 30
15454-3D 3D LAM CPU Cabinet Side by Side 60W 42H 4178 EA 30
15455-3D 3D LAM CPU Cabinet Side by Side 66W 42H 4293 EA 30
10997-3D 3D LAM Ped Mobile 22d 6-12 1181 EA 31
11093-3D 3D LAM Ped Mobile 18d 6-6-12 1330 EA 31
11147-3D 3D LAM Ped Mobile 18d 12-12 1257 EA 31
11352-3D 3D LAM Ped Fixed 6-6-12 1404 EA 31 687.96
11867-3D 3D LAM Ped Fixed 12-12 1257 EA 31 615.93
12101-3D 3D LAM Ped Mobile 18d 6-12 1181 EA 31
12425-3D 3D LAM Ped Bookcase 24-30in Wide 12-12 1339 EA 31
12426-3D 3D LAM Ped Dual Bookcase 36in Wide 12-12 2657 EA 31
12427-3D 3D LAM Ped Dual Bookcase 36in Wide 6-6-12 2953 EA 31
12428-3D 3D LAM Ped Bookcase 24-30in Wide 6-6-12 1553 EA 31
13639-3D 3D LAM Ped Fixed 12-12-12 1772 EA 31
13640-3D 3D LAM Ped Fixed 12-12-12-12 2216 EA 31
13641-3D 3D LAM Ped Bookcase 33.25-42in Wide 12-12 1480 EA 31
13642-3D 3D LAM Ped Bookcase 33.25-42in Wide 6-6-12 1626 EA 31
13643-3D 3D LAM Ped Bookcase 45.25-48in Wide 12-12 1626 EA 31
13644-3D 3D LAM Ped Bookcase 45.25-48in Wide 6-6-12 1772 EA 31
13645-3D 3D LAM Ped Dual Bookcase 39.25-48in Wide 12-12 2804 EA 31
13646-3D 3D LAM Ped Dual Bookcase 39.25-48in Wide 6-6-12 3102 EA 31
13772-3D 3D LAM Ped Spacesaver 12-12 1197 EA 31
13773-3D 3D LAM Ped Spacesaver 6-6-12 1404 EA 31
10025-3D 3D LAM Resource Guide Freestanding - 40" from CFG-RRG 3348 EA 32
11069-3D PN Placeholderr 3D LAM Resource Guide 40" Under P-Top from CFG-RRG 3188 EA 32
11261-3D 3D LAM Lazy Susan 765 EA 32
11519-3D PN Placeholderr 3D LAM RR Guide Freestanding - 36"3348 EA 32
11844-3D PN Placeholderr 3D LAM Resource Guide 36" Under P-Top from CFG-RRG 3188 EA 32
10703-3D 3D LAM Lateral File 30w - 2 Drawer 1894 EA 33
10704-3D 3D LAM Lateral File 30w - 3 Drawer 2504 EA 33
10707-3D 3D LAM Lateral File 42w - 2 Drawer 2086 EA 33
11668-3D 3D LAM Lateral File 36w - 2 Drawer 1971 EA 33
12026-3D 3D LAM Lateral File 36w - 3 Drawer 2655 EA 33
12920-3D 3D LAM Lateral File 42w - 3 Drawer 2759 EA 33
13048-3D 3D LAM Lateral File 48w - 2 Drawer 2218 EA 33
13049-3D 3D LAM Lateral File 48w - 3 Drawer 3030 EA 33
11765-3D 3D LAM Bookcase 24x28 782 EA 34 383.18
11766-3D 3D LAM Bookcase 36x28 799 EA 34 391.51
12166-3D 3D LAM Bookcase 36x48 1146 EA 34
12346-3D 3D LAM Bookcase 24x48 1077 EA 34
13615-3D 3D LAM Bookcase 48x28 929 EA 34 455.21
13616-3D 3D LAM Bookcase 48x48 1267 EA 34 730.59
13672-3D 3D LAM Storage Cabinet up to 24"w x 28"1014 EA 34
13673-3D 3D LAM Storage Cabinet up to 24"w x Storage Cabinet up to 24"w x 48"H 1395 EA 34
13674-3D 3D LAM Storage Cabinet up to 24"w x 66"H 1582 EA 34
13675-3D 3D LAM Storage Cabinet up to 36"w x 28"H 1266 EA 34 620.34
13676-3D 3D LAM Storage Cabinet up to 36"w x 48"H 1582 EA 34
13677-3D 3D LAM Storage Cabinet up to 36"w x 66"H 1898 EA 34
13678-3D 3D LAM Storage Cabinet up to 48"w x 28"H 1582 EA 34
13679-3D 3D LAM Storage Cabinet up to 48"w x 48"H 1898 EA 34
13680-3D 3D LAM Storage Cabinet up to 48"w x 66"H 2213 EA 34
MS Mailslot Price 14 EA 34
10908-3D 3D LAM Locker Personal Storage with Mail Slot 2 High 2674 EA 35
10909-3D 3D LAM Locker Personal Storage with Mail Slot 1 High 1888 EA 35 925.12
16335-3D 3D LAM Cubby Locker Personal Storage with Mail Slot - 2 Door 1888 EA 35
16336-3D 3D LAM Cubby Locker Personal Storage with Mail Slot - 3 Door 2281 EA 35
16337-3D 3D LAM Cubby Locker Personal Storage with Mail Slot - 4 Door 2674 EA 35
CL Combilock Left Charge 241 EA 35
CR Combilock Right Charge 241 EA 35
10005 Table Support leg 97 EA 36
10007 Table Dual "H" Support Leg 307 EA 36
12234 Support - Flat Bracket 18"44 EA 36
12235 Support - "L" Bracket 18"55 EA 36 26.95
12524 Table Leg - T-Leg - Folding 358 ST 36
12594 Table Leg Cylinder Base 18" D 1487 EA 36
12748 Support - Flat Bracket 9"44 EA 36
12749 Support - Flat Bracket 4.5"44 EA 36
12750 Support - "L" Bracket 9"55 EA 36
12751 Support - "L" Bracket 4.5"55 EA 36
14655 Wall Screw Anchor Kit 15 EA 36 77.42
12620 Support - Freestanding Table 335 EA 36
15155 Adjustable Height Table Leg with Caster 3.5" of adjustment 241 EA 36
11099-3D 3D LAM End Support Panel - Single 295 EA 37
11346-3D 3D LAM End Support Panel - Double 606 EA 37
12711-3D 3D LAM Table Base Support Fixed Height Melamine 0"-48" Deep 0"-49 Wide 594 EA 37
14329-3D 3D LAM Filler Panel Melamine - from Ped to Panel Frame 158 EA 37 77.42
14380-3D 3D LAM Table Base Support Fixed Height Melamine 0"-48" Deep 49-96" Wide 901 EA 37
16156-3D 3D LAM Conference Table Base Support Fixed Height Melamine 0"-48" Deep 49-96" Wide 2059 EA 37 1008.91
12081 Seismic Anchoring 559 EA 38
16396 Carpet Tiles: Columbus Blue, 24x24 (48 sq ft box)319 BX 39
16397 Carpet Tiles: Crockett, 24x24 (48 sq ft box)319 BX 39
16398 Carpet Tiles: Magellan, 24x24 (48 sq ft box)319 BX 39
16399 Carpet Tiles: Carson, 24x24 (48 sq ft box)319 BX 39
16400 Carpet Tiles: Houston, 24x24 (48 sq ft box)319 BX 39
16401 Carpet Tiles: Galileo, 24x24 (48 sq ft box)319 BX 39
16402 Carpet Tiles: Shackleton Grey, 24x24 (48 sq ft box)319 BX 39
16403 Carpet Tiles: Livingstone, 24x24 (48 sq ft box)319 BX 39
16404 Carpet Tiles: Smith, 24x24 (48 sq ft box)319 BX 39
16405 Carpet Tiles: Penn, 24x24 (48 sq ft box)319 BX 39
16406 Carpet Tiles: Bradstreet, 24x24 (48 sq ft box)319 BX 39
16407 Carpet Tiles: Wigglesworth, 24x24 (48 sq ft box)319 BX 39 319
16408 Carpet Tiles: Knight, 24x24 (48 sq ft box)319 BX 39
16409 Carpet Tiles: Wheatley, 24x24 (48 sq ft box)319 BX 39
16410 Carpet Tiles: Yellowstone, 24x24 (48 sq ft box)319 BX 39
16411 Carpet Tiles: Salt Lake, 24x24 (48 sq ft box)319 BX 39
16412 Carpet Tiles: Rushmore, 24x24 (48 sq ft box)319 BX 39
16413 Carpet Tiles: Golden Gate, 24x24 (48 sq ft box)319 BX 39
16414 Carpet Tiles: Hoover, 24x24 (48 sq ft box)319 BX 39
16415 Carpet Tiles: Niagara, 24x24 (48 sq ft box)319 BX 39
16437 Carpet Tiles: 24x24 (48 sq ft box) - TBD 319 BX 39 319
16416 Carpet Tile Conductive Release Adhesive - 4 Gallons 478 EA 40 478
16417 Carpet Tile Conductive Release Adhesive - 1 Gallon 127 EA 40
16418 Ground Kit for carpet tiles installed on Access Flooring 19 EA 40 19
16419 Copper Ground Strip, Carpet tiles installed on Concrete 15 EA 40 15
16439 4" Vinyl Cove Base w/ Toe, Brown Black 4 FT 40
16440 4" Vinyl Cove Base w/ Toe, Charcoal 4 FT 40
16388 Floor Transition Carpet to Resilient, Black, 12'47 EA 40 47
16389 4" Vinyl Cove Base w/ Toe, Black 4 FT 40 4
16390 Base Cove Adhesive, (covers 40LF)17 EA 40 17
16559 4" Base Cove - TBD 4 EA 40
10176 Cup Holder - Blk for HPL 114 EA 41
10176EXT Cup Holder - Extended for Eagle 114 EA 41 55.86
11359 Footrest Adjustable 3-1/4" to 5"243 EA 41
13142 Pencil Tray - Swing Out Radius 23 EA 41
15312 Treadmill Desk Base Heavy Duty TR1200-DT3 1299 EA 42
15313 Treadmill Desk Base Super Duty TR5000-DT3 1749 EA 42
15314 Standing Desk Bike C3-DT3 999 EA 42
15315 Equipment Mat 78-3/4" x 35-1/2"39.99 EA 42
15316 Treadmill Lubricant 19.99 EA 42
11546 Custom Cabinet Design Fee 1294 EA 43
11547 Custom Worksurface Design Fee 293 EA 43
10166 Crating or Cradling Table for Shipment 219 EA 44
10166SP Small Package Crating for Shipment 92 EA 44
SIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.com12" = 1'-0"120025679COVER PAGEClearwater Police Department645 Pierce StClearwater, FL 33756D1.00015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tepCLEARWATER POLICE DEPARTMENT
UWS Shelf24" L24" L24" L24" LUWS Shelf24" L24" L48h x 36w48h x 36w48h x 36w48h x 36w 48h x 36w 48h x 36w 48h x 36w48h x 36w 48h x 36w48h x 42w36Ped6, CubbyUWS Shelf27" L27" L
48h x 30w48h x 36w48h x 36w48h x 36w48h x 24w48h x 24w2w2w48h x 24w48h x 30wUWS Shelf24" L24" L24" L33DFLIP TOP48h x 36w3636Ped6, CubbyUWS Shelf24" L24" L24" L22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H22d x 16w2 Hi Locker48H22d x 16w2 Hi Locker48H22d x 16w2 Hi Locker48H22d x 16w2 Hi Locker48H22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H 48h x 36w48h x 36w48h x 36wPed12,123636Ped6, CubbyPed12,12Storage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wBookcase TK30h x 17d x 48wBookcase TK
30h x 17d x 48wUWS Shelf27" L 27" L27" L27" L 65h x 36w 65h x 36w18h2w
2w
2w2w603642h x 48w42h x 36w42h x 36w19" L24" L27" L24" L24" L24" L24" L24" L24" L24" L24" L24" L24" LQty 20Mailslots24" L24" L24" L24" L24" L24" L27" L27" L27" L2
7" L2w..334824" L24" L334824" L24" L334824" L24" L42h x 48w33DFLIP TOP483642h x 18w8418.5Storage Cabinet30h x 17d x 30wQty 20Mailslots54 23.554 23.554 23.554 23.5Storage Cabinet30h x 17d x 30wBookcase TK30h x 17d x 24wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36w22d x 16w
2 Hi Locker
48H
22d x 16w
2 Hi Locker
48H76
23.522d x 18w1 Hi Locker42H22d x 18w1 Hi Locker42H22d x 18w1 Hi Locker42H22d x 18w1 Hi Locker42H22d x 18w1 Hi Locker42H22d x 18w1 Hi Locker42H5423.55423.5Storage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36w33DFLIP TOP3636
3633.2536Ped6,6,1242h x 30w42h x 30w27" L27" L27" L48h x 36w48h x 42w 48h x 24w48h x 36w 48h x 30w 48h x 30w48h x 36w2w.27" L27" L48h x 42wUWS Shelf24" L24" L
48h x 36w 48h x 24w48h x 24w2w2w48h x 24w24" L24" L
24" L24" L48h x 36w.3w48h x 36w180‐dbl 48h x 24w180‐dbl27" L27" L48h x 42w 48h x 36w 48h x 24w27.2533DFLIP TOP36
180‐dblUWS Shelf24" L24" L24" L2
4" L24" L
24" L
48h x 24w27.2533DFLIP TOP36180‐dbl48h x 24w27.2533DFLIP TOP36180‐dblPed6, Cubby48h x 36w18Ped6, Cubby48h x 18w3618
Ped
6, Cubby 48h x 18w3618Ped6, Cubby48h x 18w36 18Ped6, Cubby48h x 18w3648h x 24w27.25
33D
FLIP TOP 36180‐dbl
18Ped6, Cubby3648h x 36w48h x 36w 48h x 36w2w48h x 36w22d x 16w
2 Hi Locker
48H
27" L27" L27" LUWS ShelfUWS ShelfUWS ShelfUWS ShelfBookcase TK30h x 22d x 12w3636
27" L27" L48h x 36w 48h x 42w 48h x 24w27.2533DFLIP TOP36180‐dbl27" LUWS Shelf27" L27" L48h x 36w 48h x 42w48h x 24w180‐dbl27" LUWS ShelfPed6, Cubby48h x 36w3644Ped6, Cubby41DFLIP TOP27.2544
41DFLIP TOP27.2544Ped6, Cubby3644Ped6, Cubby48h x 36w48h x 24w27.2533DFLIP TOP36
180
‐dbl 48h x 24w27.2533DFLIP TOP36
180
‐dbl27.2533DFLIP TOP3648h x 36w48h x 36w48h x 36w48h x 30w2w..2w180‐dbl180‐dbl33DFLIP TOP33.25366423.5
90
23.592.25
23.5Storage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36wBookcase TK30h x 17d x 48wBookcase TK
30h x 17d x 48wStorage Cabinet30h x 22d x 36wStorage Cabinet30h x 22d x 36w..Flip Door 36334824" L 24" L27" L27" L27" L48h x 42w48h x 36w48h x 36w33DFLIP TOP123648h x 42w33DFLIP TOP12362w..42h x 42w42h x 48w42h x 42w2w65" L65" L Flip Door 3629D
FLIP TOP
24
30UWS Shelf27" L
41DFLIP TOP27.254433D SS
18
3622d x 16w
2 Hi Locker
48H24" L24" LPASS THROUGHWINDOWS AFF: 32"POWER/DATA COMING FROM: RAISED FLOORCEILING HEIGHT: X'-XX"TT 1TT 2SUP TRN 1TRN 2TRN 3D3.11D3.21D4.04--D4.02D4.13D4.11D4.14Xybix 96"x48" Conference Tablewith with Fixed Table Base.D4.1554.553.7553.7554.5D4.01-69' - 1"28' - 8 1/4"9' - 10"7' - 2"3' - 0"4' - 0"39' - 5"29' - 8 1/4"23' - 6"19' - 5"19' - 6"5' - 5"13' - 2"6' - 4"6' - 4"3' - 0"12' - 10"3' - 0"0' - 4"4' - 8"3' - 0"1' - 0"3' - 0"2' - 3"4' - 0"9' - 2"13' - 5 1/2"2' - 1"PASS THROUGH3' - 0"16' - 8"15' - 7"9' - 6"WINDOWS AFF: 24"13' - 11 1/2"WINDOWS AFF: 0"0' - 6 1/4"6' - 0"9' - 7 3/4"3' - 0"0' - 8"16' - 9 1/2"3' - 0"3' - 8 1/2"12' - 0"17' - 0"7' - 9"23' - 6 1/2"4' - 2"16' - 0"3' - 0"0' - 5"WINDOWS AFF: 0"WINDOWS AFF: 0"WINDOWS AFF: 0"WINDOWS AFF: 0"9' - 8"9' - 6"20' - 0"WINDOWS AFF: 0"9' - 5 1/4"9' - 7"4' - 0"2' - 2"3' - 0"0' - 4"TRAINING ROOM Xybix 48"x33" Fixed Height EOC Tablewith Casters-(1) CPU Enclosure, front locking access doors, fixed shelf and (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) CPU (18"H x 7.5"W x 18"D)-(2) 24" Monitors free standing on work surface6' - 2"5' - 5"9' - 7"13' - 7"NOT IN SCOPECONCRETEFLOOROVER3' - 9 1/4"DIS 2DIS 1CT 4DIS 3CT 5CT 6DIS 7CT 9DIS 8CT 11D4.0CT 106' - 0"7' - 4 3/4"6' - 1 3/4"54.553.7553.7554.57' - 4 1/2"5' - 0"6' - 1 3/4"4' - 0"4' - 8 1/2"CT 12NOT IN SCOPE7' - 0 1/2"TRN 4D4.123D3.01D3.02D4.05D3.12SIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.com1/4" = 1'-0"120025679FLOOR PLANClearwater Police Department645 Pierce StClearwater, FL 33756D2.00015404TABLE OF CONTENTSPAGE # PAGE NAME6.0 FINISH SELECTION7.0 CABLE SHEETD1.0 COVER PAGED2.0 FLOOR PLAND3.0 TYPICALS - DIS/CTD3.1 TYPICALS - TELE/TRAIND3.2 TYPICAL - SUPVD4.0 ELEVATIONSTABLE OF CONTENTSPAGE # PAGE NAMED4.1 ELEVATIONSD5.0 ADDITIONAL RENDERINGSD8.0 HOLE LOCATION PLAND9.0 ACRYLIC LOCATION PLAND10.0 PANEL PLAND11.0 CARPET PLANREVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep1/4" = 1'-0"1FLOOR PLANA
UWSShelf24" L24" L48h x 36w 48h x 36w48h x 36w 48h x 36w2w24" L24" L24" L24" L48h x 24w33DFLIP TOP27.2536180‐dblPed6, Cubby48h x 18w1836.24" L24" L48h x 36w 48h x 42w24" L24" L24" L24" L363648h x 24w33DFLIP TOP27.2536180‐dblPed6, Cubbyx 36wUWSShelf6' - 0"1' - 6"2' - 3 1/4"6' - 0"8' - 3 1/4"7' - 6"Axys Control SystemUser Interface controlled through Windows, Andriod, and IOSFanHeat:(2) 250w Forced Air HeatersTask Light:(2) Dimmable lights with flexible mounting arm on keyboard surface.Footwell LightingDown Bias LightingXybix 72"x72" Dual Surface Console: Sit to stand adjustment range of 22"-48" AFF, with L5STable Base"Rollervision" Monitor Mounting System: 10" focal depth adjustment, accommodates the following monitors left to right:DISPATCH:Top Row: 27", 27", 27"Bottom Row:27", 27", 27"CT:Bottom Row:27", 27", 27"Cable Management Bridge:Cable organization from desk to CPU Cabinet48"H Panel System:.55NRC Rated sound absorptionDatadock:Keyboard surface cable organizer, accommodates the following: (8) USB Ports & (1) CAT6 PortSwivel Cup HolderSingle Metal Shelf:Under monitor surface, with grommet & Power-only USB Port 19"W x 5 1/4"H x 9"D18"W Drawer Pedestal:6" drawer and open cubby below27.25"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) Symphony (2"H x 17"W x 11"D) in CPU Cabinet(1) HP Z2 G8 Tower (14"H x 6.7"W x 15.2"D) in CPU Cabinet(2) CPUs (10"H x 2"W x 10"D) -Standard VESA Mount on "Rollervision"Grounding: R561' - 6"6' - 6"2' - 3 1/4"10' - 3 1/4"3' - 0"Axys Control SystemUser Interface controlled through Windows, Andriod, and IOSFanHeat:(2) 250w Forced Air HeatersTask Light:(2) Dimmable lights with flexible mounting arm on keyboard surface.Footwell LightingDown Bias LightingXybix 78"x44" Dual Surface Console: Sit to stand adjustment range of 22"-48" AFF, with L5Table Base"Rollervision" Monitor Mounting System: 10" focal depth adjustment, accommodates the following monitors left to right:DISPATCH:Top Row: 27", 27", 27"Bottom Row:27", 27", 27"CT:Bottom Row:27", 27", 27"Cable Management Bridge:Cable organization from desk to CPU Cabinet48"H Panel System:.55NRC Rated sound absorptionDatadock:Keyboard surface cable organizer, accommodates the following: (8) USB Ports & (1) CAT6 PortSwivel Cup HolderSingle Metal Shelf:Under monitor surface, with grommet & Power-only USB Port 19"W x 5 1/4"H x 9"D18"W Drawer Pedestal:6" drawer and open cubby below27.25"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) Symphony (2"H x 17"W x 11"D) in CPU Cabinet(1) HP Z2 G8 Tower (14"H x 6.7"W x 15.2"D) in CPU Cabinet(2) CPUs (10"H x 2"W x 10"D) -Standard VESA Mount on "Rollervision"Grounding: R56SIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.comAs indicated120025679TYPICALS - DIS/CTClearwater Police Department645 Pierce StClearwater, FL 33756D3.00015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep3/8" = 1'-0"1TYPICAL - CORNER STATION -DISPATCH/CALL TAKER3/8" = 1'-0"2TYPICAL - STRAIGHT STATION -DISPATCH/CALL TAKER
UWSShelf24" L24" L24" L33DFLIP TOP48h x 36w3636Ped6, CubbyPed12,1224" L24" L33.2536 48h x 30w48h x 36w2w.48h x 36w48h x 36w48h x 36w2w
48h x 36w180
‐dbl
24" L27" L27" L27" L48h x 42w48h x 36w48h x 36w33DFLIP TOP123648h x 42w33DFLIP TOP12362w..UWSShelf3' - 0"2' - 9 1/4"6' - 0"11' - 9 1/4"6' - 0"3' - 0"Axys Control SystemUser Interface controlled through Windows, Andriod, and IOSFanHeat:(2) 250w Forced Air HeatersTask Light:(2) Dimmable lights with flexible mounting arm on keyboard surface.Footwell LightingDown Bias LightingXybix 72"x72" Dual Surface Console: Sit to stand adjustment range of 22"-48" AFF, with L5STable Base"Rollervision" Monitor Mounting System: 10" focal depth adjustment, accommodates the following monitors left to right:DISPATCH:Top Row: 27", 27", 27"Bottom Row:27", 27", 27"Cable Management Bridge:Cable organization from desk to CPU Cabinet48"H Panel System:.55NRC Rated sound absorptionDatadock:Keyboard surface cable organizer, accommodates the following: (8) USB Ports & (1) CAT6 PortSwivel Cup HolderSingle Metal Shelf:Under monitor surface, with grommet & Power-only USB Port 19"W x 5 1/4"H x 9"D18"W Drawer Pedestal:6" drawer and open cubby below27.25"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) Symphony (2"H x 17"W x 11"D) in CPU Cabinet(1) HP Z2 G8 Tower (14"H x 6.7"W x 15.2"D) in CPU Cabinet(2) CPUs (10"H x 2"W x 10"D) -Standard VESA Mount on "Rollervision"Grounding: R5618"W Drawer Pedestal:12", 12" drawers5' - 6"1' - 0"6' - 6"1' - 0"5' - 6"6' - 6"Axys Control SystemUser Interface controlled through Windows, Andriod, and IOSFanHeat:(2) 250w Forced Air HeatersTask Light:(2) Dimmable lights with flexible mounting arm on keyboard surface.Footwell LightingDown Bias LightingXybix 66"x66" Dual Surface Console: Sit to stand adjustment range of 22"-48" AFF, with L4Table Base"Rollervision" Monitor Mounting System: 10" focal depth adjustment, accommodates the following monitors left to right:TRAINING:Top Row: 27", 27", 27"Cable Management Bridge:Cable organization from desk to CPU Cabinet48"H Panel System:.55NRC Rated sound absorptionDatadock:Keyboard surface cable organizer, accommodates the following: (8) USB Ports & (1) CAT6 PortSwivel Cup HolderSingle Metal Shelf:Under monitor surface, with grommet & Power-only USB Port 19"W x 5 1/4"H x 9"D12"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) 7.5"W x 18"H x 18"DGrounding: R56Cable Management Bridge:Cable organization from desk to CPU Cabinet12"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) 7.5"W x 18"H x 18"DSIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.comAs indicated120025679TYPICALS -TELE/TRAINClearwater Police Department645 Pierce StClearwater, FL 33756D3.10015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep3/8" = 1'-0"1TYPICAL - CORNER STATION -TELETYPE3/8" = 1'-0"2TYPICAL - CORNER STATION - TRAINING
UWSShelf27" L27" L27" L
27" L42h x 48w19" L
27" L27" L27" L27" L 42h x 48w33D
FLIP TOP
48
3642h x 18wPed
6,6,12 42h x 30w42h x 42w42h x 48w42h x 42w2w27" L33D SS18367' - 6"1' - 6"1' - 6"4' - 0"7' - 6"13' - 0"9' - 0"Axys Control SystemUser Interface controlled through Windows, Andriod, and IOSFanHeat:(2) 250w Forced Air HeatersTask Light:(2) Dimmable lights with flexible mounting arm on keyboard surface.Footwell LightingDown Bias LightingXybix 72"x72" Dual Surface Console: Sit to stand adjustment range of 22"-48" AFF, with L5STable Base"Rollervision" Monitor Mounting System: 10" focal depth adjustment, accommodates the following monitors left to right:DISPATCH:Top Row: 27", 27", 27"Bottom Row:27", 27", 27"CT:Bottom Row:27", 27", 27"Cable Management Bridge:Cable organization from desk to CPU Cabinet42"H Panel System:.55NRC Rated sound absorptionDatadock:Keyboard surface cable organizer, accommodates the following: (8) USB Ports & (1) CAT6 PortSwivel Cup HolderSingle Metal Shelf:Under monitor surface, with grommet & Power-only USB Port 19"W x 5 1/4"H x 9"D18"W Drawer Pedestal:6" drawer and open cubby below18"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal sliding shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(2) Standard Size CPUs (18"H x 7.5"W x 18"D) in CPU CabinetGrounding: R5648"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(3) CPUs (10"H x 2"W x 10"D)(1) HP Z2 G8 Tower(14"H x 6.7"W x 15.2"D) in CPU Cabinet (1)Symphony(2"H x 17"W x 11"D)Cable Management Bridge:Cable organization from desk to CPU CabinetSIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.comAs indicated120025679TYPICAL - SUPVClearwater Police Department645 Pierce StClearwater, FL 33756D3.20015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep3/8" = 1'-0"1TYPICAL - CORNER STATION -SUPERVISOR
0' - 10"3' - 6"4' - 4 1/4"4' - 0"2' - 6"48"W Bookcase:(2) Adjustable shelves, 30" AFF to top side of work surface1' - 4 1/4"3' - 0"3' - 0"1' - 4 1/4"2' - 6"8' - 8 1/2"(2) 36"W Storage Cabinet:Adjustable shelf, lockable front doors, 30" AFF to top side of worksurface1' - 6"3' - 6"3' - 0"2' - 6"1' - 0"3' - 6"48"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(1) FIN CPU (10"H x 2"W x 10"D)(1) FIN CPU (5"H x 17"W x 12"D)(1) NICE CPU (10"H x 4"W x 14"D)(1) HUD CPU (10"H x 2"W x 10"D)Free Standing Monitor:(1) 19", (1) 24", and (1) 27" monitor24"W CPU Cabinet under Flip Top Worksurface:front locking doors, internal fixed shelf, (2) silent 45 CFM fans for active ventilation. CPU's Per Position:(2) 7.5"W x 18"H x 18"D2' - 0"2' - 6"65" TV65" TVSIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.comAs indicated120025679ELEVATIONSClearwater Police Department645 Pierce StClearwater, FL 33756D4.00015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep3/8" = 1'-0"1ELEVATION - LIT ACRYLIC - ENTRY3/8" = 1'-0"2ELEVATION - REF ISLAND (DIS/CT) - A3/8" = 1'-0"3ELEVATION - REF ISLAND (DIS/CT) - B3/8" = 1'-0"4ELEVATION - SUPV - ADDITIONALEQUIPMENT3/8" = 1'-0"5ELEVATION - SUPV - ADDITIONALMONITORSLogo with Text Etching:Panel Size: XX"W x 10"H x .25"D To Read: "COMMUNICATIONS"Configuration:Single LineLetter Case: Upper Case onlyFont: ArialAdjustment: Logo toLeft, CenteredOPTION: 3 (Single Line Text W/Logo)X________________________________________DATE:____________________________________TITLE:____________________________________Provided Artwork: Vector File(Preferred)/JPEG/PNG/Raster Image
3' - 6"3' - 6"1' - 7 1/2"2' - 6"2' - 6"2' - 0"2' - 6"7' - 0"(2) 30"W Storage Cabinet:Adjustable shelf, lockable front doors, 30" AFF to top side of worksurface(2) Mail Slot Cabinets, total of 32 mailslots12"W Bookcase:(1) Adjustable shelves, 30" AFF to top side of work surface7' - 3 1/2"1' - 4"4' - 0"18"W x 48"H Locker:(2) Doors, with mail slot, standard key lock, Total of (4) Lockers21' - 4"4' - 0"2' - 8"18"W x 48"H Locker:(2) Doors, with mail slot, standard key lock, Total of (15) Lockers2' - 0"1' - 0"1' - 6"1' - 6"3' - 0"3' - 0"2' - 6"1' - 7 1/4"1' - 3 3/4"5' - 5"18"W Drawer Pedestal:12", 12" drawers18"W Drawer Pedestal:6" drawer and open cubby below(2) 36"W Panel System Storage Bin:Overhead storage with fabric wrapped flip door12"W Bookcase:(1) Adjustable shelves, 30" AFF to top side of work surface18' - 0"3' - 0"2' - 6"(6) 36"W Storage Cabinet:Adjustable shelf, lockable front doors, 30" AFF to top side of worksurfaceSIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.comAs indicated120025679ELEVATIONSClearwater Police Department645 Pierce StClearwater, FL 33756D4.10015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep3/8" = 1'-0"1ELEVATION - MAIL/STORAGE3/8" = 1'-0"2ELEVATION - LOCKERS - A3/8" = 1'-0"3ELEVATION - LOCKERS - B3/8" = 1'-0"4ELEVATION - TELE - A3/8" = 1'-0"5ELEVATION - TELE - B
SIGN OFF APPROVAL: Furniture orders and product installation shall not proceed until the Client has given approval to these documents. Approval of the Client shall constitute approval of the drawings for contents, scope of work and all dimensions regarded by the Client as being necessary to the use of space, furnishings and equipment. Furniture orders, or product installation authorized by the Client from these documents, shall be interpreted by XYBIX as approval in full to these documents by the Client. Revisions after approval of these documents shall result in additional costs. Signature:____________________________________________________________Title:__________________________________Date:____________________________________{{Sig_es_:signer1:signature}}{{Ttl1_es_:title}}{{Dte_es_:signer1:date}}Carpet Opp:Drawing Name:SHEET: SCALE:Sign-Off Initials: REVNOTE: This design & layout is the property of XYBIX Systems, Inc. & is not to be used in any written manner without express written permission by XYBIX Systems, Inc.8207 SouthPark CircleLittleton, CO. 801201.800.788.2810 F.303.683.5454www.xybix.com\i1\X___________________Opportunity:Sales : Halley BarbaEmail : HalleyB@xybix.comDesigner : Trevor ParsonEmail. : TrevorP@xybix.com12" = 1'-0"120025679ADDITIONALRENDERINGSClearwater Police Department645 Pierce StClearwater, FL 33756D5.00015404REVISIONSREVDESCRIPTIONDATEDESIGNER7Alter storage, cpu's offices per site visit12.28.21tep8Remove offices01.24.22tep9Add (1) CPU05.19.22tep10Finishes, remove acrylic, remove/alter storage, mimic pods to same07.13.22tep11Alternate single pod layout08.01.22tep12Teletype to have 3 over 3, update finishes08.08.22tep
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1256
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve the final plat for Airport Drive Villages located at 514 Brandon Avenue. (consent)
SUMMARY:
This plat will create a 6-lot subdivision for the development of six detached dwellings. The
residential development project was approved through DRC on December 3, 2021. The
property is approximately 1.4 acres.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/14/2022
GILBERT ST
AIRPORT DR N KEENE RD HARDING ST
G IL B E R T S T N CORONA AVE FEATHER TREE DR BRANDON AVE FEATHER TREE CIR
McKINLEY ST
LOCATION MAP
PLATLOCATION
^
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Airport Drive Villages Plat map.mxd
Legend
Clearwater Service Area
Area not in Clearwater Jurisdiction
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
Airport Drive Villages Plat
Page: 1 of 1
²
N.T.S.Scale:9/19/2022Date:KVReviewed By:CRMMap Gen By:
T h e L an d in g s
G o lf C lu b
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1284
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Authorize purchase orders to Bureau Veritas North America of St. Cloud, FL, C.A.P.
Government, Inc. of Coral Gables, FL, Joe Payne Inc. of Tampa, FL and Quorum Services of
Tampa, FL for code inspection and plan review services in the cumulative not-to-exceed
amount of $500,000.00, from January 1, 2023 through September 30, 2023, and a cumulative
annual not-to-exceed amount of $850,000.00 for the three one-year term extension renewals
pursuant to Invitation to Bid No. 02-23, Code Inspection and Plan Review Services, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
In order to maintain the Planning and Development Department’s customer service standards
for inspections and plans review, at times it is necessary to supplement staffing levels with
outside contractors who have state-licensed personnel. To that end, Invitation to Bid (ITB)
#02-23 was issued in October 2022 for inspection and plan review services. Seven (7) bids
were received and evaluated for the services provided and respective costs with four
companies representing the lowest most responsive bids.
The Planning & Development Department is recommending award of ITB No. 02-23, Code
Inspection and Plan Review Services as follows:
·Inspection Services: Joe Payne, Inc., Quorum Services, LLC and Bureau Veritas North
America, Inc.
·Plan Review Services: Joe Payne, Inc., Quorum Services, LLC, and C.A.P
Government, Inc.
Each company provides unique specialties which may be required for various projects
throughout the city. The Planning and Development Department requests the flexibility to
allocate the annual not-to-exceed amount between these contractors.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Development Services cost code 0101430-530300, contractual
services, to fund the current year of this contract. Funding for future years will be included in
the department’s budget request.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 12/14/2022
November 28, 2022
NOTICE OF INTENT TO AWARD
Planning & Development and the Procurement Division recommend award of ITB No. 02-23,
Code Inspection and Plan Review Services to Bureau Veritas North America, Inc. of St. Cloud,
FL; C.A.P. Government, Inc. of Coral Gables, FL; Joe Payne, Inc dba JPI of Tampa, FL;
Quorum Services, LLC. of Tampa, FL, the lowest most responsible bidders, in accordance with
the bid specifications, in the estimated amount of $500,000.00 for the term of January 1, 2023
through September 30, 2023, and then a not-to-exceed amount of $850,000.00 annually
thereafter, with three (3), one (1) year renewal options.
This Award recommendation will be considered by the City Council at the December 12, 2022,
Work Session (9:00 a.m.) and voted on at the December 15, 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 Senior Procurement Analyst
at (727) 562-4633, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748,
Clearwater, FL 33758-4748.
Posted on this date by:
Eryn Berg
Eryn Berg, CPPB
Senior Procurement Analyst
CITY OF CLEARWATER
ITB # 02-23, Code Inspection & Plan Review Services Lowest Price
DUE DATE: November 8, 2022; 10:00 AM 2nd Lowest Price
BID REVIEW 3rd Lowest Price
Item No. Type of Ticket Unit Bureau Veritas North
America, Inc
C.A.P. Government,
Inc.Joe Payne, Inc M.T. Causley, LLC
NOVA Engineering &
Environmental, LLC
Quorum Services,
LLC Willdan Engineering
1 Cost per Inspection performed EA $ 50.00 NO BID $ 46.55 $ 65.00 $ 60.00 $ 49.00 $ 55.00
2A Cost for Plan Review Services Per Hour $ 120.00 $ 85.00 $ 74.25 $ 105.00 $ 105.00 $ 75.00 $ 100.00
2 1 1 2 4 8 4
$ 240.00 $ 85.00 $ 74.25 $ 210.00 $ 420.00 $ 600.00 $ 400.00
Min Hours per
Service
2B
Minimum charge for Plan Review Services
(Line 2A hourly rate * minimum hours)
Page 1 of 1
1) Bureau Veritas North America, Inc 2) C.A.P. Government, Inc
1422 S. Narcoossee Road 343 Almeria Avenue
St. Cloud, FL 34771 Coral Gables, FL 33134407.556.0027 305.448.1711
3) Joe Payne, Inc 4) M.T. Causley, LLC
dba JPI 17985 Gulf Blvd., Suite 201
16057 Tampa Palms Blvd. West, Suite 242 Redington Shores, FL 33708
Tampa, FL 33647 727.258.4986
813.731.1501
5) NOVA Engineering & Environmental, LLC 6) Quorum Services, LLC
4524 Oak Fair Blvd., Suite 200 203 N. Armenia Ave., Suite 102
Tampa, FL 33610 Tampa, FL 33609
813.623.3100 813.514.6222
7) Willdan Engineering
200 South Orange Ave., Suite 1550
Orlando, FL 32801
407.872.2467
ADVERTISED: TAMPA BAY TIMES 10/12/2022
POSTED:myclearwater.com 10/7/2022 - 11/8/2022
FOR THE CITY OF CLEARWATER
Due/Opening: November 8, 2022; 10:00 a.m.
INVITATION TO BID No. 02-23
Code Inspection and Plan Review 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 #02-23 CODE INSPECTION AND PLAN REVIEW SERVICES
October 7, 2022
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, November 8, 2022, to provide Code Inspection and Plan Review Services.
Brief Description: The City of Clearwater’s Planning and Development Department is requesting sealed bids from qualified and experienced firms to provide Code Inspections and Plan Review Services.
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 Sr. Procurement Analyst: Eryn Berg, CPPB Sr. Procurement Analyst Eryn.Berg@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com
INSTRUCTIONS
Inspection and Plan Review Services 2 ITB #02-23
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: November 8, 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 $ 0.00 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 $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary
INSTRUCTIONS
Inspection and Plan Review Services 3 ITB #02-23
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.
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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,
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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
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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: 10/7/2022 Advertise Tampa Bay Times: 10/12/2022 Bids due: 11/8/2022 Review bids: 11/8/2022 – 11/11/2022 Award recommendation: 11/11/2022 Council authorization: 12/01/2022 Contract begins: January 2023
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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
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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.
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S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the
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contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of
business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current
background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
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including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
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S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City’s request and expense, furnish to the City reasonable assistance and
STANDARD TERMS AND CONDITIONS
Inspection and Plan Review Services 13 ITB #02-23
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
Inspection and Plan Review Services 14 ITB #02-23
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
Inspection and Plan Review Services 15 ITB #02-23
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 SERVICES. In an effort to be responsive and maintain good service to our citizens, the City of Clearwater’s Planning and Development Department requests sealed bids from qualified and
experienced firms for building, electrical, mechanical, plumbing and/or site inspection and plan review services. The resulting award will ensure compliance in accordance with the requirements of Florida
Statutes 468, Part XII, Florida Building Codes, and other pertinent regulations, rules, or directives set forth by city ordinances, state and federal laws. FOR INSPECTION SERVICES: Requests received by the City up until midnight will be responded to the next business day. A list of assigned inspections is provided to each inspector by 8:00 a.m. for these requests. In the past twelve (12) months, approximately 7,300 of 32,000 inspections were
performed by contractors for the City. FOR PLAN REVIEW SERVICES: The Planning and Development Department performs approximately 11,000 plan reviews annually. Assignment to contract plan reviewers will be made to ensure the Department meets established plan review timeframe goals. Plan reviews will be scheduled with contractor and the time to review the plans will depend on the complexity of the project
agreed upon by both parties. In the past twelve (12) months, approximately 8,100 of the 15,000 plan reviews were performed by contractors for the City. Depending on the need and arrangements, plan reviews could occur at our offices or at the contractor’s office. 3. RESPONSIBILITIES. a. Plan review and inspection shall include, but not be limited to; building, mechanical (HVAC), plumbing, structural, electrical and site, as well as providing all administrative documentation as required by the City of Clearwater. Plan reviewer(s) may work remotely or in the Planning and Development office as determined by the Building Official. Inspectors will report to the Planning and Development office at least once each morning and once each afternoon. b. Inspector(s) must be available daily, Monday through Friday, for morning assignments as well as random inspections that may be requested throughout the day. c. Schedule and complete inspections of buildings and other structures in the process of commercial and residential construction, alteration, or demolition and removal. d. Inspect permitted construction within the City’s limits, for compliance with City codes and ordinances and permitted plans and specifications. If not in compliance, inspector shall provide viable alternatives to bring building into compliance and to clarify the intent of codes and ordinances. e. Receive and investigate alleged complaints of working without permits, code violations, etc., by citizens. f. Maintain records of plan reviews, inspection and investigations. g. Log daily plan reviews and inspections results in the City’s Accela database within a city office. Familiarity with Accela is preferred. h. Review plans for code compliance.
DETAILED SPECIFICATIONS
Inspection and Plan Review Services 16 ITB #02-23
i. Contact contractors, architect, engineers, and citizens about construction projects, code questions, and other concerns. j. Contact homeowners via telephone to advise of the time of arrival for inspection. k. Inspector(s) must be available to perform re-reviews within five (5) working days of receipt of response comments. l. Inspector(s) must recuse themselves from inspecting buildings where any member of the
contracted vendors firm has prepared or reviewed any plans, drawings, or other design services for that project. 4. EQUIPMENT. All inspectors shall provide, at their own cost, an inspection vehicle in good operating condition, cellular telephone, safety shoes, hardhats, and other safety related equipment, a ladder, and code books.
The City shall provide identification for security purposes to be used for City-related tasks. 5. MINIMUM QUALIFICATIONS OF PERSONNEL. a. Plan Examiners and Inspectors must be properly licensed as required by the State of Florida Department of Business and Professional Regulation and Florida Statute 468, Part
XII. Copies of all applicable licenses MUST be submitted with bid. New hires after the bid will be required to submit licenses to Building Officials. b. Inspectors shall maintain their Plans Examiner’s and Inspector’s Certifications with the State of Florida during the term of this contract. c. Inspectors shall continually provide their best efforts to efficiently and effectively perform duties and responsibilities as assigned in a proper and professional manner, uphold the City
of Clearwater’s regulations and policies, and abide by ethical standards appropriate to their position. d. Inspectors must be able to communicate both verbally and in writing and work effectively with city staff, contractors and others in the construction trade. e. All inspectors shall possess a valid Florida driver’s license and be able to operate a motor vehicle; make clear visual observations; hear/see alarms on construction sites and on
equipment; climb stairs, ladders and scaffolding; walk a construction site, on roofs, on steel rebar rods, and over construction materials; step in and out of trenches, and crawl through small spaces.
6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during
the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
DETAILED SPECIFICATIONS
Inspection and Plan Review Services 17 ITB #02-23
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. d. Professional Liability Insurance coverage appropriate for the type of business engaged in with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date
of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the 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 #02-23 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
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1. BEGINNING AND END DATE OF INITIAL TERM. January 2023 – 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.
Three (3), 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 Customers (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
Inspection and Plan Review Services 19 ITB #02-23
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 Copies of applicable license(s). Bids without copies will be deemed non-responsive. W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
Inspection and Plan Review Services 20 ITB #02-23
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Code Inspection and Plan Review Services to the City of Clearwater at the price(s) stated below.
Item No. Description Unit Price
1
Cost per INSPECTION performed Each $
2A
Per Hour cost for PLAN REVIEW SERVICES
Per Hour $
2B Minimum charge for PLAN REVIEW SERVICES [line 2A hourly rate times minimum hour(s)]
Minimum hour(s) per service
_______
$
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
Inspection and Plan Review Services 21 ITB #02-23
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
Inspection and Plan Review Services 22 ITB #02-23
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
Inspection and Plan Review Services 23 ITB #02-23
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
Inspection and Plan Review Services 24 ITB #02-23
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
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VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be
awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this
Contract.
__________________________________________ Authorized Signature
__________________________________________ Printed Name
__________________________________________ Title
__________________________________________ Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
OFFER CERTIFICATION
By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name:
Title: Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
Inspection and Plan Review Services 27 ITB #02-23
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by: Company Name:
Address:
City, State, Zip: ITB #02-23, Inspection and Plan Review Services Due Date: November 8, 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 #02-23, Inspection and Plan Review Services Due Date: November 8, 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
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1257
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve the acceptance of federal grant funds from Federal Emergency Management Agency
(FEMA), Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program
(HMGP) in the amount of $462,000.00 in federal funds and approve a required local match of
$154,000.00 by the City to provide protection to eight lift stations in Clearwater, FL. and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The proposed scope of work proposes to elevate the telemetry, control panels, and power
connections of the lift stations to at least two feet above the Base Flood Elevation (BFE). The
proposed scope of work will reduce the risk of storm surge damage to the lift stations, thereby
protecting their efficacy and reducing the risk of sanitary sewer overflows due to loss of
function.
The generator and the electrical components shall be protected against a 500-year flood event
by implementing specific activities or by locating the generator outside the Special Flood
Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on its
location requirements. Activities shall be completed in strict compliance with Federal, State
and Local Rules and Regulations.
Project Locations:
ID#Station Location
1)LS 9 995 Bruce Ave @ Narcissis Ave
2)LS 10 830 Lantana Ave @ Verbana St
3)LS 11 530 Mandalay Ave
4)LS 28 499 Island Way @ Palm Island
5)LS 35 355 Harbor Passage (Island Estates
6)LS 39 713 Island Way (@ N end of Street)
7)LS 80 1621 Gulf Blvd (Moorings of Sand Key
8)LS 81 71 Causeway Blvd (East end of Marina Parking Lot)
APPROPRIATION CODE AND AMOUNT:
Funds for this grant are available in the Capital Improvement Project 96686 Pump Station
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1257
Replacement.
Page 2 City of Clearwater Printed on 12/14/2022
SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: City of Clearwater
PROJECT #: 4337-484-R
PROJECT TITLE: City of Clearwater, Lift Stations Control Panel Elevation, Floodproofing
Measures Project
CONTRACT #: H0552
MODIFICATION #: N/A
SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT)
Ms. Sarah Kessler
Environmental Specialist/CRS Coordinator
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33765
Enclosed is your copy of the proposed contract/modification between the City of Clearwater and the Florida Division of Emergency Management (FDEM).
COMPLETE
This form is required to be included with all Reviews, Approvals, and Submittal
Two (2) Copies printed for Approval or One (1) copy to be electronically signed
Printed Single-sided (If your policy is to copy two-sided please contact me and I will
send you two original one-sided copies for signature) Reviewed and Approved
Signed and Dated by Official Representative (blue ink) or signed electronically
Copy of the organization’s resolution or charter that specifically identifies the
person or position that is authorized to sign, if not Chairman, Mayor, Chief
Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated ( N/A for Modifications) May be signed electronically. Two Signed and dated Originals mailed to FDEM – Tallahassee or One Original signed electronically and emailed to Grants Specialist.
Florida Division of Emergency Management Mitigation Bureau – HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention – Grant Specialist –Maleather Y. Ash, FCCM
If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4538 or email me at Barbara.Holeda@em.myflorida.com.
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Agreement Number: H0552
Project Number: 4337-484-R
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.1 states that a “subaward may be provided through any form of legal agreement,
including an agreement that the pass-through entity considers a contract.”
As defined by 2 C.F.R. §200.1, “pass-through entity” means “a non-Federal entity that provides a
subaward to a subrecipient to carry out part of a Federal program.”
As defined by 2 C.F.R. §200.1, “Sub-Recipient” means “an entity, usually but not limited to non-
Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal
program.”
As defined by 2 C.F.R. §200.1, “Federal award” means “Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity.”
As defined by 2 C.F.R. §200.1, “subaward” means “an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity.”
The following information is provided pursuant to 2 C.F.R. §200.332:
Sub-Recipient’s name: City of Clearwater
Sub-Recipient's unique entity identifier (FEIN): 59-6000289
Federal Award Identification Number (FAIN): FEMA-DR-4337-FL
Federal Award Date: July 21, 2020
Subaward Period of Performance Start and End Date: Upon execution through January 31, 2024
Amount of Federal Funds Obligated by this Agreement: $462,000.00
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $485,100.00
Total Amount of the Federal Award committed to the Sub-
Recipient by the pass-through entity $485,100.00
Federal award project description (see FFATA):Floodproofing
Name of Federal awarding agency: Federal Emergency Management Agency
Name of pass-through entity: FL Division of Emergency Management
Contact information for the pass-through entity:Barbara.Holeda@em.myflorida.com
Catalog of Federal Domestic Assistance (CFDA) Number and
Name: 97.039 Hazard Mitigation Grant Program
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: N/A
2
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of
Clearwater , (hereinafter referred to as the "Sub-Recipient").
For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302(a) provides: “Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state
assistance”, applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.”
b. As required by section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division’s Grant
Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and
shall serve as the Division’s liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance; and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Ms. Barbara Holeda
Project Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4538
Email:Barbara.Holeda@em.myflorida.com
The Division's Alternate Grant Manager for this Agreement is:
Kathleen Marshall
Community Program Manager
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Telephone: 850-815-4503
Email: Kathleen.Marshall@em.myflorida.com
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1. The name and address of the Representative of the Sub-Recipient responsible for the
administration of this Agreement is:
Ms. Sarah Kessler
Environmental Specialist/CRS Coordinator
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33765
Telephone: 727-562-4897
Email: Sarah.Kessler@MyClearwater.com
2. In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will
be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(7) SCOPE OF WORK
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement.
(8) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end on January 31,
2024, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of “period of performance” contained in 2 C.F.R. §200.77, the term “period
of agreement” refers to the time during which the Sub-Recipient “may incur new obligations to carry out
the work authorized under” this Agreement. In accordance with section 215.971(1)(d), Florida Statutes,
the Sub-Recipient may expend funds authorized by this Agreement “only for allowable costs resulting
from obligations incurred during” the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
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b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement (“Budget and Scope of Work”). The
maximum reimbursement amount for the entirety of this Agreement is $462,000.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).”
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a “performance goal”, which is defined in 2 C.F.R. §200.76 as
“a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared.” It also remains consistent with the requirement, contained in 2 C.F.R.
§200.329, that the Division and the Sub-Recipient “relate financial data to performance goals and
objectives of the Federal award.”
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal
services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as “allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
6
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient’s written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division’s grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.1, the term “improper payment” means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10) RECORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
7
of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents, financial statements, papers, or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State’s record retention requirements (Chapter
119, Florida Statutes) and by 2 C.F.R. §200.334, the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement, for a period of five (5) years from the date of
submission of the final expenditure report. The following are the only exceptions to the five (5) year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 5-year
period, then the records must be retained until all litigation, claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient.
v. Records for program income transactions after the period of performance. In
some cases, recipients must report program income after the period of performance. Where there is such
a requirement, the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
8
d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
9
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (850) 815-7671 Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(11) AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R.
§200.1, GAAP “has the meaning specified in accounting standards issued by the Government Accounting
Standards Board (GASB) and the Financial Accounting Standards Board (FASB).”
c. When conducting an audit of the Sub-Recipient’s performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2
C.F.R. §200.1, GAGAS, “also known as the Yellow Book, means generally accepted government auditing
standards issued by the Comptroller General of the United States, which are applicable to financial
audits.”
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty (30) days after the Division has notified the Sub-Recipient of such non-
compliance.
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e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as “an independent certified public accountant licensed
under chapter 473.” The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient’s fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12) REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than fifteen (15) days after the end
of each quarter of the program year and shall be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31, June 30,
September 30, and December 31.
c. The close-out report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever first occurs.
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d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment F.
(13) MONITORING
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A to this Agreement and reported in the
quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14) LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
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sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty (30) days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30)
days, exercise any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30)
days prior written notice of the termination. The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
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i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17) TERMINATION
a. The Division may terminate this Agreement for cause after thirty (30) days written
notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and
regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as
amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar day’s prior written
notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18) PROCUREMENT
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a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards”).
b. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall “maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price.”
c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall “maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.” In order to demonstrate compliance with this requirement, the Sub-
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
e. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall “maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts.”
f. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any
procurement under this agreement “in a manner providing full and open competition.” Accordingly, the
Sub-Recipient shall not:
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
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vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
g. “[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage” otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(c), shall not use a
geographic preference when procuring commodities or services under this Agreement.
h. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(a), Florida Statutes.
i. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b),
Florida Statutes.
j. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
(“Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms”).
k. If the Sub-Recipient chooses to subcontract any of the work required under this
Agreement, then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be
awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.327 and
required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub-Recipient publishes a
competitive solicitation or executes a contract that is not in compliance with the Federal procurement
standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part
200, then the Sub-Recipient is on notice that the Division may:
a) Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; or,
b) Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
l. FEMA has developed helpful resources for subgrant recipients related to compliance
with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract
provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at
https://www.fema.gov/procurement-disaster-assistance-team.
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(19) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Attachment A – Budget and Scope of Work
iii. Attachment B – Program Statutes and Regulations
iv. Attachment C – Statement of Assurances
v. Attachment D – Request for Advance or Reimbursement
vi. Attachment E – Justification of Advance Payment
vii. Attachment F – Quarterly Report Form
viii. Attachment G – Warranties and Representations
ix. Attachment H – Certification Regarding Debarment
x. Attachment I – Federal Funding Accountability and Transparency Act
xi. Attachment J – Mandatory Contract Provisions
xii. Attachment K – Certification Regarding Lobbying
(20) PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient’s quarterly reporting as referenced in Paragraph (12)of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
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to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty (30) days of receiving notice from the Division.
(21) REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of “Division of Emergency Management”, and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5%
of the face amount of the returned check or draft, whichever is greater.
(22) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list 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
18
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals or affiliates:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or
agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
g.In addition, the Sub-Recipient shall send to the Division (by email or by
facsimile transmission) the completed “Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion” (Attachment H) for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
h. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of chapter 119, Florida Statutes, which the Sub-Recipient created or received under this
Agreement.
i. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division’s obligation to pay the contract amount.
j. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(“INA”)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
19
of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
k. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
l. The Division may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or
Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel.
(23) LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits “any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.”
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient, 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 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.
ii. 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
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connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose.
iv. This certification 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. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(24) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall
disclose all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate
that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is
21
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida
government purposes.
(25) LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or
in part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
iii. The contractor will not discharge or in any other manner
discriminate against any employee or applicant for employment because
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such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee’s essential job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the contractor’s legal duty to furnish information.
iv. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers’ representatives of the contractor’s commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
v. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vii. In the event of the contractor’s noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
23
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency’s primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27) COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
24
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 C.F.R. 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.
(29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees 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), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency (EPA).
(30) SUSPENSION AND DEBARMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
25
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C 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.
(31) BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall 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 shall 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
recipient.
If this subgrant agreement amount is $100,000 or more, the Sub-Recipient, and
subcontractors as applicable, shall sign Attachment K – Certification Regarding Lobbying.
(32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
26
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
“socioeconomic contracting,” does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The “socioeconomic contracting” requirement outlines the affirmative steps that the
Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women’s business enterprises, does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. “project splitting”).
(33) ASSURANCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
27
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: CITY OF CLEARWATER
By: ____________________________________________________
Name and Title: __________________________________________
Date: _______________________
FEID#: _________________________
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: _________________________________________________
Name and Title: Kevin Guthrie, Director
Date:____________________________________
28
EXHIBIT – 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97.039
Award amount: $ 462,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
x 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
x The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
x Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
x 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub-Recipient is to use funding to perform the following eligible activities:
x Elevation of flood prone structures
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
29
Attachment A
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide protective measures to lift stations in Clearwater, Pinellas
County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-484-R, as
approved by the Florida Division of Emergency Management (Division) and the Federal Emergency
Management Agency (FEMA).
The Sub-Recipient, City of Clearwater, agrees to administer and complete the project per scope of work
as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations and Codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to provide protection to eight
(8) lift stations in Clearwater, Florida, 33767.
The proposed scope of work proposes to elevate the telemetry, control panels, and power connections
of the lift stations to at least two feet above the Base Flood Elevation (BFE). Any electrical components
remaining below the designated flood plan level will be classified NEMA 6P. Lift Station #11 has a
permanent generator; a raised platform will be provided for it. The project will reduce the risk of storm
surge damage to the lift stations, thereby protecting their efficacy and reducing the risk of sanitary sewer
overflows due to loss of function.
The generator and the electrical components shall be protected against a 500-year flood event by
implementing specific activities or by locating the generator outside the Special Flood Hazard Area
(SFHA) and shall be protected against wind with a rated enclosure based on its location requirements.
Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations.
Project Locations:
ID# Name/Station Location Coordinates
1) LS 9 995 Bruce Ave. @ Narcissis Ave. (28.001785, -82.824829)
2) LS 10 830 Lantana Ave. @ Verbana St. (27.994611, -82.825239)
3) LS 11 530 Mandalay Ave. (27.982392, -82.826938)
4) LS 28 499 Island Way @ Palm Island (27.984606, -82.818042)
5) LS 35 355 Harbor Passage (Island Estates) (27.987666, -82.817015)
6) LS 39 713 Island Way (@ N End of Street) (27.990194, -82.820256)
7) LS 80 1621 Gulf Blvd. (Moorings of Sand
Key)
(27.938132, -82.836543)
8) LS 81 71 Causeway Blvd. (East end of
Marina parking lot)
(27.976828, -82.824653)
TASKS &DELIVERABLES:
A) Tasks:
30
1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and
execute a contract with the selected bidder to complete the scope of work as approved by the Division
and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance
with the Sub-Recipient’s procurement policy as well as all Federal and State Laws and Regulations.
All procurement activities shall contain sufficient source documentation and be in accordance with
all applicable regulations.
The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub-Recipient and subsequently approved by the
Division and FEMA.
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite
for the duration of the work. The contractor shall maintain all work staging areas in a neat and
presentable condition.
The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt
issued for the type of services being performed.
The Sub-Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of contract type,
contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub-Recipient shall provide an executed “Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form” for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Sub-Recipient.
The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub-Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by the selected contractor.
2) The Sub-Recipient shall monitor and manage the procurement and installation of all products in
accordance with the HMGP application and associated documentation as presented to the Division
by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient
shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and
documented, as appropriate.
The project shall protect the structure from high wind storms which shall allow the function of the
structures to continue following a severe wind event.
The Sub-Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient
shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection
of the completed project by the local municipal or county building department (official), or other
approving official, as applicable. The official shall inspect and certify that all installation was in
accordance with the manufacturer’s specifications. Any deficiencies found during this final inspection
shall be corrected by the Sub-Recipient prior to Sub-Recipient’s submittal of the final inspection
request to the Division.
Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
31
a)Copy of permit(s), notice of commencement.
b)Local Building Official Inspection Report and Final Approval.
c)Signed and Sealed As-built project plans (drawings) by the Professional of Record, two hard
copies and an electronic version (via email or CD), as applicable.
d)Letter of Completion:
1. Affirming that the project was completed in conformance with the approved project drawings,
specifications and scope; and
2. Certifying Compliance with all applicable codes.
e)All Product Specifications / Data Sheet(s) (technical standards) satisfying protection
requirements on all products utilized.
f)Verification letter or documentation showing the generator and electrical components are
protected to the 500-year (0.2% annual chance) flood elevation.
g)Proof of compliance with Project Conditions and Requirements contained herein.
3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient’s project personnel with
each reimbursement request attesting to the completion of the work, that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and
invoices, payrolls, time and attendance records, contract and subcontract award documents.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted
by the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed
information describing tasks performed, hours devoted to each task, and the hourly rate charged for
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted by the
Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-
32
Recipient and received by the Division at the times provided in this agreement prior to the processing
of any reimbursement.
The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and
managerial costs related to the project as identified in the project application, and plans. The
requests for reimbursement shall include:
D) Contractor, subcontractor, and/or vendor invoices, which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
E) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
F) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Sub-Recipient’s final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables:
Mitigation Activities consist of providing protection and implementing measures to mitigate eight (8)
lift stations in Clearwater, Florida.
Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall
project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division’s Final Inspection of the project.
2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final Approval, as applicable.
3) The Sub-Recipient shall submit a signed and sealed final copy of the completed project’s As-built
drawings and all necessary supporting documentation, and provide a summary of all contract
scope of work changes, if any.
4) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub-
Recipient’s Engineer of Record shall provide a formal certificate or letter affirming that the project
has been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes.
5) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protection requirements on all products utilized.
6) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to meet or exceed the wind and impact standards of
the current local codes.
7) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout.
D) Environmental:
33
1) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
approvals. Failure to obtain all appropriate federal, state, and local environmental permits and
clearances may jeopardize federal funding. If project is delayed for a year or more after the date of
the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies
must be redone.
2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters
the project (including other work not funded by FEMA, but done substantially at the same time) shall
require resubmission to the Division and FEMA for revaluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act
(NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize
FEMA’s ability to fund this project. A change in the scope of work shall be approved by the Division
and FEMA in advance regardless of the budget implications.
3) If any ground disturbance activities occur during construction, the Sub-Recipient shall monitor ground
disturbance during construction, and if any potential archeological resources are discovered, shall
immediately cease construction in that area and notify the Division and FEMA.
4) The generator and electrical components are supporting a critical action and must be protected to
the 500 year (0.2% annual chance) flood elevation. The Sub-Recipient must submit documentation
to the State and FEMA documenting compliance with this condition.
5) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions. Consultation with the Floodplain manager is required to ensure the
project is in compliance with local floodplain ordinances/regulations.
6) Meet all required Environmental laws and policies, and all necessary Environmental compliance
documents shall be obtained as applicable.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance regardless
of the impact to the budget.
2) The Sub-Recipient must notify the Division as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower costs or earlier completion.
3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in
a need for additional funds” [44 CFR 13(c)], from the Division and FEMA.
4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall
be published in a manner that anyone that may be affected or interested in this project has access
to the posting, using the Division template, as applicable.
5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the
expiration date. Therefore, any request for a Period of Performance Extension shall be in writing
and submitted, along with substantiation of new expiration date and a new schedule of work, to the
Division a minimum of seventy (70) days prior to the expiration date, for Division processing.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) Project approval is with the condition that the tasks, deliverables, and conditions be accomplished
and submitted 30 days prior to the Period of Performance date, for review and approval by the
Division, for submittal to FEMA for Closeout.
8) EO 11988: The generator and electrical components are supporting a critical action and must be
protected to the 500-year (0.2% annual chance) flood elevation. The Sub-Recipient must submit
34
documentation to the State and FEMA documenting compliance with this condition. Source of
Condition: Executive Order 11988 - Floodplains Monitoring Required: No
9) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
206.191.
10) Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 – Contingency funds are not
automatically available for use. Prior to their release, contingency funds must be re-budgeted to
another direct cost category and identified. Post-award changes to the budget require prior written
approval from the Division (FDEM). The written request should demonstrate what unforeseen
condition related to the project arose that required the use of contingency funds.
This is FEMA project number 4337-484-R. It is funded under HMGP, FEMA-4337-DR-FL and must
adhere to all program guidelines established for the HMGP in accordance with the PAS Operational
Agreement for Disaster 4337.
FEMA awarded this project on July 21, 2020; this Agreement shall begin upon execution by both parties,
and the Period of Performance for this project shall end on January 31, 2024.
F) FINANCIAL CONSEQUENCES:
If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub-Recipient’s program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
Schedule of Work
State/Local Contracting Process: 3 Months
Bidding and Contracting: 3 Months
Permitting: 3 Months
Construction / Installation: 12 Months
State/Local Inspections: 3 Months
Closeout: 3 Months
Total Period of Performance: 27 Months
35
BUDGET
Line Item Budget*
Project Cost Federal Share Non-Federal Share
Materials: $616,000.00 $462,000.00 $154,000.00
Labor: $0.00 $0.00 $0.00
Fees: $0.00 $0.00 $0.00
Initial Agreement Amount: $616,000.00 $462,000.00 $154,000.00
***Contingency Funds: $30,800.00 $23,100.00 $7,700.00
Project Total: $646,800.00 $485,100.00 $161,700.00
*Any line item amount in this Budget may be increased or decreased 10% or less, with the Division’s
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
*** This project has an estimated $30,800.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, D.3.4 – Contingency funds are not automatically available for use. Prior
to their release, contingency funds must be re-budgeted to another direct cost category and identified.
Post-award changes to the budget require prior written approval from the Division (FDEM). The written
request should demonstrate what unforeseen condition related to the project arose that required the use
of contingency funds.
Project Management costs are included for this project in the amount of $0.00
Funding Summary
Federal Share: $485,100.00 (75.00%)
Non-Federal Share: $161,700.00 (25.00%)
Total Project Cost: $646,800.00 (100.00%)
36
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement.
In addition to the above statutes and regulations, the Sub-recipient must comply with the
following:
The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient
shall comply with any and all applicable codes and standards in performing work funded under this
Agreement, and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Sub-recipient and
any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and
any development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land
use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall
be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
The Sub-recipient will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved plans and
specifications and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the
owner of the affected real property shall record in the public records of the county where it is located the
following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or
from which a structure will be removed pursuant to the project.
37
(1) The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
(2) No new structure will be erected on property other than:
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
(3) A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
(4) After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
(5) If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44 C.F.R. §206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies
participating in the NEPA process.
As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
(1) For Construction projects, the grantee must “obtain prior written approval for any budget
revision which result in a need for additional funds” (2 C.F.R. § 200.308);
(2) A change in the Scope of Work must be approved by FEMA in advance regardless of the
budget implications; and
(3) The Sub-recipient must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise costs or delay completion,
or favorable conditions allowing lower cost or earlier completion. Any extensions of the
period of performance must be submitted to FEMA sixty (60) days prior to the project
expiration date.
The Sub-recipient assures that it will comply with the following statutes and regulations to the
extent applicable:
(1) 53 Federal Register 8034
(2) Federal Acquisition Regulations 31.2
(3) Section 1352, Title 31, US Code
(4) Chapter 473, Florida Statutes
(5) Chapter 215, Florida Statutes
(6) Section 768.28, Florida Statutes
(7) Chapter 119, Florida Statutes
(8) Section 216.181(6), Florida Statutes
38
(9) Cash Management Improvement Act of 1990
(10) American with Disabilities Act
(11) Section 112.061, Florida Statutes
(12) Immigration and Nationality Act
(13) Section 286.011, Florida Statutes
(14) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
(15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(18) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(19) Victims of Crime Act (as appropriate)
(20) Section 504 of the Rehabilitation Act of 1973, as amended
(21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990)
(22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and
Part 39
(23) 42 U.S.C. 5154a
39
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Sub-recipient’s chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Sub-recipient or its designees or agents, no member of the governing body of
the locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Sub-recipient
for eligible contract work completed prior to the date the notice of suspension of funding was
received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is
received by the Sub-recipient may not be funded with funds provided under this Agreement
unless previously approved in writing by the Division. All Sub-recipient contracts shall contain
provisions for termination for cause or convenience and shall provide for the method of payment
in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Sub-
recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the Sub-
40
recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to section 112.313
and section 112.3135, Florida Statutes;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and
prescribes penalties for “kickbacks” of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act) which limits
the political activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase “Federal financial assistance” includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a
FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard
Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
“Uniform Federal Accessibility Standards,” (AS) which is Appendix A to 41 C.F.R. Section 101-
19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures.
The Sub-recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(l) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by:
41
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 C.F.R., Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the “Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)”which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800.
(4) When any of the Sub-recipient’s projects funded under this Agreement may affect a
historic property, as defined in 36 C.F.R., Part 800.16 (I)(1), the Federal Emergency
Management Agency (FEMA) may require the Sub-recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and suggest
methods of repair or construction that will conform with the recommended approaches
set out in the Secretary of Interior’s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior’s
Guidelines for Archeological Documentation (Guidelines)(48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Sub-recipient
agrees to participate in consultations to develop, and after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO’s opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Sub-recipient on any
feasible steps to be accomplished to avoid any National Register eligible archeological
property or will make recommendations for the development of a treatment plan for the
recovery or archeological data from the property.
If the Sub-recipient is unable to avoid the archeological property, develop, in consultation
with SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication “Treatment of
Archeological Properties”. The Sub-recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within fifteen (15) calendar days of receipt of the treatment plan,
FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council
or the SHPO object, Sub-recipient shall not proceed with the project until the objection is
resolved.
(6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
42
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub-
recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The Sub-
recipient further acknowledges that FEMA may require the Sub-recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will
require, and the Sub-recipient shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the property.
(7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements of the
PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a
historic property, or having the legal power to prevent it, allowed such significant adverse
effect to occur.
(m) It will comply with applicable provisions of the following laws and policies prohibiting
discrimination:
i. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based
on race, color, or national origin (including limited English proficiency).
ii. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination
based on disability.
iii. Title IX of the Education Amendments Act of 1972, as amended, which prohibits
discrimination based on sex in education programs or activities.
iv. Age Discrimination Act of 1975, which prohibits discrimination based on age.
v. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits
discrimination based on religion in social service programs.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686) which prohibits discrimination on the basis of sex;
(o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
43
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675;
(v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388
(w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 54 U.S.C.;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j-27, regarding the protection of underground
water sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-14674; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668.
(jj) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Sub-
recipient and its demolition contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
44
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Sub-recipient’s jurisdiction to detect the presence of
asbestos and lead in accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and the County Health
Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Sub-recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor’s work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
(10) 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 (Public Law 94-163).
(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857), Section 508 of the Clean Water Act (33
U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any
subcontracts.
(12) Provide documentation of public notices for demolition activities.
45
Attachment D
REQUEST FOR ADVANCE OR REIMBURSEMENT
OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS
SUB-RECIPIENT: City of Clearwater
REMIT ADDRESS:
CITY: STATE: ZIP CODE:
PROJECT TYPE:Floodproofing PROJECT #: 4337-484-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0552
APPROVED BUDGET: FEDERAL SHARE: MATCH:
ADVANCED RECEIVED: N/A AMOUNT: SETTLED?
Invoice Period: through Payment #:
Total of Previous Payments to Date: (Federal)
Eligible Amount
100%
Obligated Federal
Amount
Obligated Non-
Federal Division Use Only
(Current Request) 75% 25% Approved Comments
TOTAL CURRENT REQUEST: $
By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812.
SUB-RECIPIENT SIGNATURE:
NAME:TITLE:DATE:
TO BE COMPLETED BY THE DIVISION
APPROVED PROJECT TOTAL $
APPROVED SRMC TOTAL: $
GOVERNOR’S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
46
Attachment D (cont.)
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION ASSISTANCE PROGRAM
SUB-RECIPIENT: City of Clearwater PAYMENT #:
PROJECT TYPE:Floodproofing PROJECT #: 4337-484-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H0552
REF NO2 DATE3 DOCUMENTATION 4 (Check)
AMOUNT
ELIGIBLE
COSTS
(100%)
1
2
3
4
5
6
7
8
This payment represents %completion of the project. TOTAL
2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
47
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT: City of Clearwater
If you are requesting an advance, indicate same by checking the box below.
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety
(90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all
supporting documentation.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
(list applicable line items)
20___-20___ Anticipated Expenditures for First Three
Months of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety (90) days of the contract term. Support
documentation should include quotes for purchases, delivery timelines, salary and expense
projections, etc. to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety (90) days of the contract term. Any advance funds not
expended within the first ninety (90) days of the contract term as evidenced by copies of invoices
and cancelled checks as required by the Budget and Scope of work showing 100% of
expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
[ ] ADVANCE REQUESTED
Advance payment of $ _____________ is requested. Balance of payments
will be made on a reimbursement basis. These funds are needed to pay
staff, award benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to operate the program
without this advance.
48
Attachment F
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to State Project Manager within15-days after each quarter:
SUB-RECIPIENT:City of Clearwater PROJECT #:4337-484-R
PROJECT TYPE:Floodproofing CONTRACT #:H0552
PROGRAM:Hazard Mitigation Grant Program QUARTER ENDING:
Advance Payment Information:
Advance Received N/A Amount:$Advance Settled? Yes No
Financial Amount to Date:
Sub-Recipient Total Project Expenditures to date (federal & local):$
Target Dates (State Agreement):
Contract Execution Date: Contract Expiration Date:
Date Deliverables Submitted: Closeout Requested Date:
Describe Milestones achieved during this quarter:
Project Proceeding on Schedule?Yes No (If No, Describe under Issues below)
Percentage of Milestones completed to Date:_____%
Describe Activities - Milestones completed this quarter only:
Schedule of the Milestones-Activities:
Milestone Dates (estimated)
State Contracting
Closeout Compliance
Estimated Project Completion Date:
Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status:Cost Unchanged Under Budget Over Budget
Cost / Financial Comments:
NOTE: Events may occur between quarterly reports, which have significant impact upon your project(s), such as
anticipated overruns, changes in scope of work, extensions. Contact the Division as soon as these conditions are
known, otherwise you could be non-compliant with your sub-grant award.
Sub-Recipient Contract Representative (POC):
Signature: Phone:
~ To be completed by Florida Division of Emergency Management Project Manager ~
Project Manager Statement:No Action Required, OR
Action Required:
PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet:____%
Date Reviewed: Reviewer:Project Manager
49
Attachment G
Warranties and Representations
Financial Management
The Sub-Recipient’s financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2
C.F.R. §§200.317 through 200.327).
Business Hours
The Sub-Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub-Recipient.
50
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
The prospective subcontractor, , of
the Sub-Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are
presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or
disqualified from participation in this transaction by any Federal department or agency.
SUBCONTRACTOR
By: City of Clearwater
Signature Sub-Recipient’s Name
H0552
Name and Title DEM Contract Number
4337-484-R
Street Address FEMA Project Number
City, State, Zip
Date
51
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the government accountable for each spending decision. The FFATA legislation requires information on
federal awards (federal assistance and expenditures) be made available to the public via a single,
searchable website, which is http://www.usaspending.gov/.
The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management (“FDEM” or “Division”) must use to capture and report sub-award and executive
compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds
(excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
Note: This “Instructions and Worksheet” is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below
should be filled out, signed, and returned to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following information must be provided to the FDEM prior to the FDEM’s issuance of a sub-
award (Agreement) that obligates $25,000 or more in federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT #: 4337-484-R
FUNDING AGENCY: Federal Emergency Management Agency
AWARD AMOUNT: $ 462,000.00
OBLIGATION/ACTION DATE: July 21, 2020
SUBAWARD DATE (if applicable):
DUNS#: 078307303
DUNS# +4:
52
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to
request a DUNS number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME (IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Characters)
The City of Clearwater proposes to provide protection to eight (8) lift stations in Clearwater, Florida, 33767.
The proposed scope of work proposes to elevate the telemetry, control panels, and power connections of
the lift stations to at least two feet above the Base Flood Elevation (BFE). Any electrical components
remaining below the designated flood plan level will be classified NEMA 6P. Lift Station #11 has a
permanent generator; a raised platform will be provided for it. The project will reduce the risk of storm
surge damage to the lift stations, thereby protecting their efficacy and reducing the risk of sanitary sewer
overflows due to loss of function.
The generator and the electrical components shall be protected against a 500-year flood event by
implementing specific activities or by locating the generator outside the Special Flood Hazard Area (SFHA)
and shall be protected against wind with a rated enclosure based on its location requirements. Activities
shall be completed in strict compliance with Federal, State and Local Rules and Regulations.
Project Locations:
ID# Name/Station Location Coordinates
1) LS 9 995 Bruce Ave. @ Narcissis Ave. (28.001785, -82.824829)
2) LS 10 830 Lantana Ave. @ Verbana St. (27.994611, -82.825239)
3) LS 11 530 Mandalay Ave. (27.982392, -82.826938)
4) LS 28 499 Island Way @ Palm Island (27.984606, -82.818042)
5) LS 35 355 Harbor Passage (Island Estates) (27.987666, -82.817015)
6) LS 39 713 Island Way (@ N End of Street) (27.990194, -82.820256)
7) LS 80 1621 Gulf Blvd. (Moorings of Sand
Key)
(27.938132, -82.836543)
8) LS 81 71 Causeway Blvd. (East end of
Marina parking lot)
(27.976828, -82.824653)
Verify the approved project description above, if there is any discrepancy, please contact the project
manager.
53
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY STATE ZIP CODE+4**
CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
EXECUTIVE COMPENSATION INFORMATION:
1. In your business or organization’s previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross
revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes No
54
If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is “No”,
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes No
If the answer to Question 2 is “Yes,” move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is “No” FFATA reporting is required. Provide the information required
in the “TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR”
appearing below to report the “Total Compensation” for the five (5) most highly compensated
“Executives”, in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix A:
“Executive” is defined as “officers, managing partners, or other employees in management positions”.
“Total Compensation” is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
55
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion __________________)
Rank
(Highest to
Lowest)
Name
(Last, First, MI) Title
Total Compensation
for Most Recently
Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
56
Attachment J
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be
required:1
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.
(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 affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. Part 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. 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 C.F.R. 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 C.F.R. 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 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 Act provides that each contractor or Sub-recipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
1 For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub-
recipient may include the provision in its subcontracts.
57
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 C.F.R. 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 C.F.R.ௗ D DQGWKHUHFLSLHQWRU6XE-recipient 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 Sub-recipient must comply with the requirements of 37 C.F.R. 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
C.F.R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that
implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989
Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM 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
of $100,000 or more 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.
(J) See 2 C.F.R, ௗ3URFXUHPHQWRIUHFRYHUHGPDWHULDOV
(K) See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance
services or equipment.
(L) See 2 C.F.R, §200.322 Domestic preferences for procurements
(Appendix II to Part 200, Revised Eff. 11/12/2020).
58
FEMA created the 2019 PDAT Contract Provisions Template to assist non-Federal entities. It is available
at https://www.fema.gov/media-library-data/1569959119092-
92358d63e00d17639d5db4de015184c9/PDAT_ContractProvisionsTemplate_9-30-19.pdf.
Please note that the sub-recipient alone is responsible for ensuring that all language included in its
contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix II.
59
Attachment K
Certification Regarding Lobbying
Check the appropriate box:տ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative
Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352;
and 44 C.F.R. Part 18. տ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will
be less than $100,000.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
h)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.
i)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.
j)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification 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. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Sub-Recipient or subcontractor, ________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims
and Statements, apply to this certification and disclosure, if any.
______________________________________________________
Signature of Sub-Recipient/subcontractor’s Authorized Official
______________________________________________________
Name and Title of Sub-Recipient/subcontractor’s Authorized Official
______________________________________________________
Date
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1259
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Authorize purchase orders to Ferguson US Holdings, Inc. dba Ferguson Enterprises LLC of
Newbury, FL, Badger Meter Inc. of Milwaukee, WI and Consolidated Pipe and Supply Company,
Inc. of Birmingham, AL, for the supply of potable and reclaimed water meters, in an annual
not-to-exceed amount of $428,685.00 with the option for two, one-year extensions pursuant to
Invitation to Bid 50-22, Potable and Reclaimed Water Meters, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Invitation to Bid # 50-22, Potable and Reclaimed Water Meters was released on September 7,
2022, for the supply of potable and reclaimed water meters. Six submissions were received on
October 7, 2022. Public Utilities has completed their evaluation and determined that Ferguson
US Holdings, Inc. dba Ferguson Enterprises LLC of Newbury, FL, Badger Meter Inc of
Milwaukee, WI and Consolidated Pipe & Supply Company, Inc. of Birmingham, AL, are the
lowest, most responsible bidders that met the requirements of the bid specifications.
For placing orders, the primary award is as follows:
·Item 1 to Ferguson US Holdings, Inc. dba Ferguson Enterprises LLC
·Items 2 - 4 and 6 to Badger Meter Inc.
·Items 5 and 7 to Consolidated Pipe & Supply Company, Inc.
Potable and Reclaimed Water Meters are used throughout the city, to measure
consumption for billing. Public Utilities maintains a 10-year replacement cycle for potable
and reclaimed water meters. This contract will ensure that we have enough new meters to
complete the required replacements and provide new meters as needed for new
construction.
The contract will be effective on December 16, 2022, for an initial one-year period with two
one-year renewal terms available to the City. Renewal Terms allow for cost increases based
on the Producer Price Index #1184 Fluid Meters and Counting Devices. Renewal prices shall
be firm for the respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities operating cost centers 550400 Operating
Supplies & Materials to cover the cost of the contract for FY23. Funding for future fiscal years
(FY24 through FY26) will be requested within contract calendar and spending limits.
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1259
Page 2 City of Clearwater Printed on 12/14/2022
November 18, 2022
NOTICE OF INTENT TO AWARD
The Public Utilities Department and the Procurement Division recommend award of ITB No. 50-
22, Potable and Reclaimed Water Meters, to Ferguson US Holdings, Inc. Dba Ferguson Enterprises LLC of Newberry, FL for Item 1, Badger Meter Inc, of Milwaukee, WI for Items 2-4 and 6, and Consolidated Pipe and Supply Co Inc of Birmingham, AL for items 5 and 7, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated
amount of $428,685.00 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 December 12, 2022, Work Session (9:00 a.m.) and voted on at the December 15, 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
CITY OF CLEARWATER
ITB # 50-22 Potable and Reclaimed Water Meters NOTE: Indicates no bid for that item
DUE DATE: October 7, 2022; 10:00 AM NOTE: Indicates item did not meet specifications of bid
BID TABULATION SUMMARY
ITEM DESCRIPTION Badger Meter Inc. Consoladated Pipe and
Supply Co. Inc. Empire Pipe and Supply
Ferguson US Holdings,
Inc. dba Ferguson
Enterprices LLC
1
5/8" x 3/4" Double Check Backflow Meter
laying length (7 1/2) inches Potable Water - - - $ 184,800.00
2
5/8" x 3/4", Water Meter, Positive
Displacement, Magnetically driven, Potable
Water $ 116,000.00 $ 124,000.00 - $ 264,000.00
3
1", Water Meter, Positive Displacement,
Magnetically driven, Potable Water $ 24,600.00 $ 27,000.00 - $ 55,000.00
4
1 1/2", Water Meter, Positive Displacement,
Magnetically driven, Potable Water $ 16,900.00 $ 17,250.00 $ 18,109.50 $ 28,750.00
5
2", Water Meter, Positive Displacement,
Magnetically driven, Potable Water $ 24,800.00 $ 21,250.00 $ 25,914.00 $ 37,250.00
6
1", Water Meter, Positive Displacement,
Magnetically driven, Reclaimed Water $ 25,600.00 $ 28,000.00 - $ 55,000.00
7
2", Water Meter, Positive Displacement,
Magnetically driven, Reclaimed Water $ 10,120.00 $ 8,600.00 $ 10,365.60 $ 14,900.00
Total Bid Items 1 – 7:218,020.00$ 325,700.00$ 205,749.10$ 639,700.00$
NOTE:
Items with a star ( ) indicates intent to award.
1) Badger Meter, Inc. 2) Consolidated Pipe & Supply Co., Inc.
4545 West Brown Deer Road 1205 Hilltop Parkway
Milwaukee, WI 53223 Birmingham, AL 352041-800-876-3837 407-293-2001
3) Empire Pipe & Supply Company, Inc. 4) Ferguson US Holdings, Inc.
239 Alton Road dba Ferguson Enterprises, LLC
Birmingham, AL 35210 12500 Jefferson Avenue
407-295-2400 Newport News, VA 23602
251-223-9344
ADVERTISED: TAMPA BAY TIMES 9/14/2022
POSTED:myclearwater.com 9/7/2022
Due/Opening: October 7, 2022; 10:00 a.m.
INVITATION TO BID No. 50-22
Potable and Reclaimed Water Meters
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#22-1261
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Authorize a purchase order to Chemtrade Chemicals US LLC of Parsippany, NJ, for Liquid
Aluminum Sulfate in an annual not-to-exceed amount of $175,000.00 for the period of
December 20, 2022 through December 19, 2023, with the option for two, one-year renewals at
the City’s discretion, pursuant to Invitation to Bid 03-23, Liquid Aluminum Sulfate, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Invitation to Bid (ITB) 03-23, Liquid Aluminum Sulfate was issued on October 7, 2022. Five bids
were received on November 7, 2022. Chemtrade Chemicals US LLC of Parsippany, NJ,
represents the lowest responsive, responsible bidder for Liquid Aluminum Sulfate.
Liquid Aluminum Sulfate (Alum) is used in the Northeast, East, and Marshall Street Water
Reclamation Facilities (WRF) to maintain regulatory compliance with the City’s Florida
Department of Environmental Protection (FDEP) operating permits.
The initial contract period will be December 20, 2022, through December 19, 2023, with the
option for two, one-year renewal terms available to the City. Renewal Terms allow for cost
increases based on the Producer Price Index #06130209 Aluminum compounds; 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, cost code 551700 Bulk
Chemicals.
Funding for future fiscal years (FY24, FY25) will be requested within contract calendar and
spending limits.
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/14/2022
November 22, 2022
NOTICE OF INTENT TO AWARD
The Public Utilities Department and the Procurement Division recommend award of ITB No. 03-
23, Liquid Aluminum Sulfate, to Chemtrade Chemicals US, LLC of Parsippany, NJ, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $210,000.00 annually, for a period of one (1) year, with two (2), one (1) year extension options.
This Award recommendation will be considered by the City Council at the December 12, 2022,
Work Session (9:00 a.m.) and voted on at the December 15, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755.
Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst,
at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748.
Posted on this date by:
Scott Burrows Scott Burrows, MPA Procurement Analyst
CITY OF CLEARWATER
ITB 03-23 Liquid Aluminum Sulfate
DUE DATE: November 07, 2022; 10:00 AM
BID TABULATION SUMMARY
ITEM DESCRIPTION
C & S Chemicals of
Marietta, GA
Chemtrade Chemicals
US LLC of Parsippany,
NJ
G20 Technologies, LLC
of Baltimore, MD
Thatcher Chemical of
Florida, Inc. of Salt
Lake City, UT
Univar Solutions USA
Inc. of Downers Grove,
IL
1
Liquid Aluminum Sulfate (non-
emergency)452,132.00$ $ 377,468.00 $ 713,673.77 $ 465,613.00 513,315.00$
2
Liquid Aluminum Sulfate
(emergency)22,300.00$ $ 18,200.00 $ 35,410.50 $ 24,650.00 27,450.00$
Total Bid Items 1 – 2: $ 474,432.00 $ 395,668.00 $ 749,084.27 $ 490,263.00 540,765.00$
NOTE:
Items with a star ( ) indicates intent to award.
1) C & S Chemicals 2) Chemtrade Chemicals Corporation
4180 Providence Road, Suite 300 dba Chemtrade Chemicals US LLC
Marietta, GA 30062 90 East Halsey Road863-993-4565 Parsippany, NJ 07054
800-441-2659
3) G20 Technologies LLC 4) Thatcher Chemical of Florida, Inc.
2601 Cannery Avenue PO Box 27407
Baltimore, MD 21226 Salt Lake City, UT 84127
501-888-1211 386-490-1638
5) Univar Solutions USA Inc.
3075 Highland Parkway, Suite 200
Downers Grove, IL 60515
253-872-5023
ADVERTISED: TAMPA BAY TIMES 10/12/2022
POSTED:myclearwater.com 10/7/2022
FOR THE CITY OF CLEARWATER
Due/Opening: November 7, 2022; 10:00 a.m.
INVITATION TO BID No. 03-23
LIQUID ALUMINUM SULFATE
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 #03-23 Liquid Aluminum Sulfate
October 7, 2022
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, November 7, 2022, to provide Liquid Aluminum Sulfate.
Brief Description: The City of Clearwater is soliciting sealed bids to supply Liquid Aluminum Sulfate for the Public Utilities Water Reclamation Facilities (WRF).
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: Scott Burrows Procurement Analyst scott.burrows@myclearwater.com
This Invitation to Bid is issued by:
Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com
INSTRUCTIONS
LIQUID ALUMINUM SULFATE 2 ITB #03-23
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: November 7, 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: 120 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 $ 0.00 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 $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary
INSTRUCTIONS
LIQUID ALUMINUM SULFATE 3 ITB #03-23
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
LIQUID ALUMINUM SULFATE 4 ITB #03-23
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
LIQUID ALUMINUM SULFATE 5 ITB #03-23
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
LIQUID ALUMINUM SULFATE 6 ITB #03-23
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: 10/7/22 Advertise Tampa Bay Times: 10/12/22 Bids due: 11/07/22 Review bids: 11/07/22- 11/10/22 Award recommendation: 11/10/22 Council authorization: 12/01/22 Contract begins: 12/20/22
STANDARD TERMS AND CONDITIONS
LIQUID ALUMINUM SULFATE 7 ITB #03-23
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
LIQUID ALUMINUM SULFATE 8 ITB #03-23
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
LIQUID ALUMINUM SULFATE 9 ITB #03-23
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the
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LIQUID ALUMINUM SULFATE 10 ITB #03-23
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
LIQUID ALUMINUM SULFATE 11 ITB #03-23
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
LIQUID ALUMINUM SULFATE 12 ITB #03-23
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
LIQUID ALUMINUM SULFATE 13 ITB #03-23
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
LIQUID ALUMINUM SULFATE 14 ITB #03-23
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
LIQUID ALUMINUM SULFATE 15 ITB #03-23
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. City of Clearwater is soliciting sealed bids to supply liquid aluminum sulfate (Alum) for the Public Utilities Water Reclamation Facilities (WRF) on an as needed basis. The
estimated annual usage is approximately 185,000 gallons.
3. SPECIFICATIONS.
A. Liquid aluminum sulfate shall contain water-soluble aluminum of not less than 4.23% as Al or a minimum of 8.0% Aluminum Oxide (Al2O3), total by weight.
B. Liquid aluminum sulfate shall be of such clarity to permit the reading of flow-measuring devices without difficulty.
C. Water-insoluble matter shall not exceed 0.2% by weight in the liquid aluminum sulfate.
D. The total water-soluble iron (expressed as Fe2O3) content of the liquid aluminum sulfate
shall be no more than 0.35% on a basis of 8.0% Al2O3.
E. Liquid aluminum sulfate shall meet the latest revision American Water Works Association Standard Specifications B403-09 and shall be NSF (formerly National Sanitation Foundation) / American National Standards Institute (ANSI) Standard 60: Drinking Water Treatment Chemicals, Health Effects certified.
4. GENERAL REQUIREMENTS.
A. Alum shall be shipped as a liquid.
B. Vendor shall provide price for dry Alum, per ton.
C. A certified chemical analysis of the liquid aluminum sulfate which the manufacturer proposes to deliver shall be submitted with Vendor’s bid submittal.
D. Every delivery shall include the scale ticket, bill of lading and percent (%) of liquid aluminum sulfate analysis.
i. % Liquid aluminum sulfate shall be defined as: %Al2(SO4)3 (total by weight), % Al2O3 (free by weight), % Fe2O3 (total soluble by weight), % water insoluble by weight.
E. Each delivery ticket, bill of lading and invoice shall have the number of gallons along with pounds (lbs.) on it.
F. Liquid aluminum sulfate shall be pumped by Vendor from their tanker truck into City tanks with a two (2) inch hose with cam lock ends.
G. As these chemicals are required by the city for use in treating water to meet Federal and State requirements. Upon award, the successful Vendor shall submit a written plan to provide uninterruptable service to the city. This plan will include a backup system, to be approved by authorized Public Utilities staff, that will ensure the uninterruptable service to the city.
DETAILED SPECIFICATIONS
LIQUID ALUMINUM SULFATE 16 ITB #03-23
5. SAFE HANDLING TRAINING. The Vendor shall provide an appropriate safe handling training course for liquid aluminum sulfate within the first month of the contract, to all current City of Clearwater operations personnel and shall be available to conduct “refresher” courses or new employee training annually during the contract period. The Vendor shall provide this assistance at no charge to the City of Clearwater. 6. MINIMUM QUALIFICATIONS. Prior to contract award, any Vendor may be required to show that the company has the necessary facilities, equipment, and ability to perform the work specified in a satisfactory manner and within the time specified. 7. REFERENCES. Vendor shall provide with bid submittal a minimum of three (3) current customer
references where the proposed products have been used in a similar product application. 8. DELIVERY. All normal (non-emergency) deliveries shall be made within four (4) business days after receipt of order. Delivery time of day shall be as arranged upon placement of order and shall be between the hours of 7:00AM and 5:00PM EST.
All emergency deliveries shall be made within one (1) business day after receipt of order. Delivery time of day shall be as arranged upon placement of order and agreed upon by both parties. The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice.
Delivery shipments which fail to meet any contract specifications stated in this document shall be rejected. If a delivery shipment is rejected by the City of Clearwater, upon notification, the Vendor shall be required to ship a replacement delivery to the affected location within twenty-four (24) hours from the time of notification. Failure to provide replacement product that meets the specification of
this agreement in the manner above will constitute failure to comply with the delivery requirements set forth in this document.
Delivery shall be made by standard tanker truck designed to carry liquid aluminum sulfate. Deliveries shall be full truck loads (44,000 – 49,000 pounds net weight) as required. At the City’s request, a full truck load may be split between more than one facility.
All chemical deliveries must be signed for by the receiving party and the exact amount of GALLONS
received must be denoted on the “Straight Bill of Lading”. Billing must be separated by facility (ie: partial loads from the same truck manifest must be individually listed on the invoice by facility and
gallons and pounds received).
Proper performance shall require attendant delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City of Clearwater reserves the right to refuse any and all deliveries made with equipment that is poorly maintained.
Vendor shall provide all equipment necessary for all services specified herein. All equipment shall be
in good condition and be properly maintained to minimize down time and should be appropriate for the application. All equipment shall be maintained so that it can be safely operated and does not
present a threat to people, private or public property. It shall be the Vendor’s responsibility to keep all equipment in good working order. The Vendor’s tank or trailer shall be clean and free of residue
that may contaminate the Vendor’s product or impede the unloading process. It is the Vendor’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant
valves, pumps, and discharge hoses used for delivery of liquid aluminum sulfate shall be supplied by the Vendor and shall be clean and free from contaminating material. The City of Clearwater may
reject a load if the equipment is not properly cleaned.
DETAILED SPECIFICATIONS
LIQUID ALUMINUM SULFATE 17 ITB #03-23
The Vendor shall supply the equipment to offload the chemical from their truck (i.e. pumps, flexible hoses, etc.) and connect to the City’s permanent fill piping that fills City bulk tanks. The Vendor shall furnish the City an approved, leak-free connection device between the trailer and the intake receptacle. The Vendor shall observe the entire filling operation at each delivery site and shall immediately report
any spill caused during the filling operations to plant staff. The Vendor shall be responsible for any spills resulting from the failure of the Vendor or the Vendor’s subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. The Vendor shall take immediate and appropriate actions to clean up any spilled liquid aluminum sulfate. If the spill is not cleaned up within twenty-four (24) hours, the city of Clearwater will hire a certified hazardous material handling company to clean up the spill. The cost of such service will be charged
to the vendor and deducted from the amount due to the Vendor. If the spillage is not the fault of the Vendor or its subcontractor, the Vendor shall be relieved of cleanup. The Vendor shall provide a minimum of two points of contact for ordering. Within ten (10) days of award, Vendor shall provide the City of Clearwater contact information for emergency deliveries. A list of drivers, including copies of driver licenses, must be submitted with bid submittal.
DELIVERY LOCATIONS & STAFFED HOURS OF OPERATION:
Site Name Site Contact Site Address Staffed Hours
Estimated
Annual Dry
Tons
Marshall
Street
WRF
Primary Contact: Chief Plant Operator
Ryan Alexander 727-224-7042 or 727-224-7726 Secondary Contact: PU Assistant Manager Travis
Teuber 727-224-7680
1605 Harbor Dr
Clearwater, FL 33755
24 hours/7 days
497
Northeast
WRF
Primary Contact: Chief Plant Operator Cathy Borden 727-224-7691 or 727-224-7745
Secondary Contact: PU Assistant Manager Travis Teuber 727-224-7680
3290 State Rd 580
Clearwater, FL 33461
24 hours/7 days
480
East WRF
Primary Contact: Chief Plant Operator Jack Sadowski 727-224-7682 or 727-224-7729 Secondary Contact: PU Assistant Manager Travis Teuber 727-224-7680
3141 Gulf to Bay Blvd
Clearwater, FL 33759
24 hours/7 days
60
DETAILED SPECIFICATIONS
LIQUID ALUMINUM SULFATE 18 ITB #03-23
9. 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 $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.
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 #03-23 P.O. Box 4748 Clearwater, FL 33758-4748
DETAILED SPECIFICATIONS
LIQUID ALUMINUM SULFATE 19 ITB #03-23
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
LIQUID ALUMINUM SULFATE 20 ITB #03-23
1. BEGINNING AND END DATE OF INITIAL TERM. December 20, 2022 – December 19, 2023
If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration.
Two (2), one (1) year renewals possible at the City’s option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 06130209, aluminum
compounds, 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
LIQUID ALUMINUM SULFATE 21 ITB #03-23
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 Certified chemical analysis of the Liquid Aluminum Sulfate List of drivers, including copies of driver licenses Three (3) current customer references where the proposed products have been used in a similar product application W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
BID PRICING
LIQUID ALUMINUM SULFATE 22 ITB #03-23
Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Liquid Aluminum Sulfate to the City of Clearwater at the price(s) stated below. The City of Clearwater makes no expressed or implied guarantees to purchase specific quantities. The
estimated quantities indicated are given only as a guideline for preparing your bid and should not be construed as representing the actual amount to be purchased under this contract. A slight increase in the estimated annual quantity has been made to cover any additional requirements if needed.
Item
No. Description
Unit
Estimated
Annual
Quantity
Cost Per Dry
Ton Total Price
1
Liquid Aluminum Sulfate
(non-emergency)
Dry Ton
1037 $ $
2
Liquid Aluminum Sulfate
(emergency)
Dry Ton
50 $ $
GRAND TOTAL $
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
LIQUID ALUMINUM SULFATE 23 ITB #03-23
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
LIQUID ALUMINUM SULFATE 24 ITB #03-23
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
LIQUID ALUMINUM SULFATE 25 ITB #03-23
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
LIQUID ALUMINUM SULFATE 26 ITB #03-23
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
LIQUID ALUMINUM SULFATE 27 ITB #03-23
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
LIQUID ALUMINUM SULFATE 28 ITB #03-23
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
LIQUID ALUMINUM SULFATE 29 ITB #03-23
A minimum of three (3) customer references for where the proposed products have been used in a similar product application. Additional pages may be added, if needed. Reference # 1
Project Name: Contract Value:
Date Began: Date Completed:
Address
City / State / Zip
Contact Person: Email:
Phone: Fax:
Notes:
Reference # 2 Project Name: Contract Value:
Date Began: Date Completed:
Address
City / State / Zip
Contact Person: Email:
Phone: Fax:
Notes:
Reference # 3
Project 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
LIQUID ALUMINUM SULFATE 30 ITB #03-23
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID
Submitted by: Company Name:
Address:
City, State, Zip: ITB #03-23, Liquid Aluminum Sulfate Due Date: 11/07/2022, 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 #03-23, Liquid Aluminum Sulfate Due Date: 11/07/2022, 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
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1247
Agenda Date: 12/15/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Approve an amendment to that certain Service and Access Agreement and Schedule D therein
(now known as the Site License Agreement and formerly known as the Tower Lease) dated
June 2, 2002 (Agreement), between L3Harris Corporation of Lynchburg, VA, (successor in
interest to MA/COM) and the City of Clearwater, providing for an additional three-month
extension through March 31, 2023, authorize the associated purchase order in a not-to-exceed
amount of $83,000.00, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On June 20, 2002, the City of Clearwater City Council approved a 20-year Service and Access
Agreement with MA/COM for the maintenance of the Clearwater Radio System, including two
communication towers and associated facilities. L3Harris is the successor in interest to
MA/COM. L3Harris supports and maintains the City of Clearwater’s radio system and
associated communication towers under the Agreement. The Agreement provides for quarterly
payments, adjusted annually based on current use and performance as well as changes in the
Consumer Price Index (CPI) through the contract term, now ending December 31, 2022.
Pursuant to the Agreement, L3Harris manages licensed space on the two city-owned
communication towers. Revenue generated from third-party tower tenants on the towers,
which is due to the City, is deducted from the City’s quarterly payments to L3Harris for
maintenance services. Revenues have averaged approximately $5,000.00 per quarter.
On July 1, 2021, L3Harris entered into an agreement with the State of Florida (State) for the
management of the State’s Statewide Law Enforcement Radio System pursuant to terms
specified by the Florida Legislature. Pursuant thereto, L3Harris was required to assign its
license rights in one of the City towers, the Waste Pollution Control Plant Site Tower (also
referred to in the Agreement as the Dunedin Tower), to the State via a Partial Assignment and
Amendment of Site License Agreement (Assignment) which was entered into on January 24,
2022. The Missouri Road Tower remains licensed to L3Harris and L3Harris continues to be
responsible for the maintenance and upkeep of both towers. The Assignment provided that at
the end of the initial license term, on September 30, 2022, new site license agreements would
be entered into for both towers separately, one to L3Harris for the Missouri Road Tower, and
one to the State for the Dunedin Tower.
The Service and Access Agreement provides for one additional term of five years upon mutual
agreement of the parties. A three-month extension was agreed to by the Parties and authorized
by the council in September 2022 so that the existing terms and conditions of the Service and
Access Agreement could be thoroughly reviewed to determine if there were any mutually
beneficial updates that could be implemented to ensure that the Parties have the most
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1247
equitable partnership in place.
However, the State of Florida has communicated that they will need additional time to finalize
their review of the new site license agreement for the Waste Pollution Control Plant Site Tower
and has indicated an additional three-month extension is necessary to complete their review
and obtain approval. Further, this extension will also give the City and L 3Harris additional time
to finalize the review of the terms and conditions of the Service and Access Agreement .
Therefore, a three-month extension is requested to run from December 31, 2022, through
March 31, 2023.
APPROPRIATION CODE AND AMOUNT:
These funds are available in the operating expense of the Garage Services Fund as budgeted
each Fiscal Year.
Page 2 City of Clearwater Printed on 12/14/2022
1
THIRD AMENDMENT OF SITE LICENSE AGREEMENT
THIS THIRD AMENDMENT OF SITE LICENSE AGREEMENT (this “Amendment”) is
made as of by and between: (i) the CITY OF CLEARWATER, a municipal
corporation of the State of Florida (“City”), (ii) the STATE OF FLORIDA, DEPARTMENT
OF MANAGEMENT SERVICES, an agency of the State of Florida, (the “State”), and (iii)
L3HARRIS TECHNOLOGIES, INC., a Delaware corporation (“L3Harris”), as successor in
interest to M/A-COM Private Radio Systems, Inc. The City, the State and L3Harris shall
sometimes hereinafter be individually referred to in this Amendment as a “Party” and collectively
as the “Parties”.
WITNESSETH:
WHEREAS, M/A-COM Private Radio Systems, Inc. (“M/A-COM”), as tenant, was leased two
communication towers from the City, as landlord, pursuant to the terms of that certain Tower
Agreement dated as of July 1, 2002 (the “Original Site License Agreement”). The two towers
leased to M/A-COM by the City in the Original Site License Agreement are: (a) the
communication tower located on the grounds of the City’s Northeast Water Pollution Control Plant
(the “Dunedin Tower”); and (b) the communication tower located on Missouri Road in the City
(the “Missouri Road Tower”); and
WHEREAS, Harris Corporation, a Delaware corporation (“Harris”), purchased the assets of M/A-
COM on May 29, 2009, including all of the rights and obligations of M/A-COM under the Original
Site License Agreement; and
WHEREAS, L3 Technologies was merged into Harris on June 30, 2019, and Harris was renamed
“L3Harris Technologies, Inc.” L3Harris succeeded to all of the rights and obligations of Harris
under the Original Site License Agreement; and
WHEREAS, space has been used on the Dunedin Tower by L3Harris and its predecessors to
operate and maintain telecommunications equipment for the State of Florida Statewide Law
Enforcement Radio System (“SLERS”) pursuant to the terms of that certain Service and Access
Agreement by and between L3Harris and its predecessors and the State dated September 28, 2000,
as amended to date (the “SLERS Agreement”); and
WHEREAS, on June 30, 2021, the SLERS Agreement expired and, in accordance with Line Item
2860 of the 2021-2022 General Appropriations Act (Chapter 2021-036, Laws of Florida), starting
on July 1, 2021, L3Harris and the State entered into a new contract pursuant to which L3Harris
remains responsible for the management and operations of the SLERS network (the “SLERS-2
Agreement”); and
WHEREAS, pursuant to the terms of the SLERS-2 Agreement, L3Harris assigned its rights as a
tenant in the use of the Dunedin Tower to the State with the City’s consent as landlord under
2
the terms of that certain Partial Assignment and Amendment of Site License Agreement
effective as of July 1, 2021 (the “Partial Assignment”); and
WHEREAS, the Primary Term of the Site License Agreement ended on September 30, 2022. On
October 3, 2022, the Parties executed the Second Amendment of License Agreement to extend the
Term of the Site License Agreement for an additional three (3) months running from September
30, 2022, through December 31, 2022 (the “Extended Term”), to provide the Parties with
additional time to mutually agree upon the terms and conditions to be incorporated in two new
separate site license agreements (the “Second Amendment”). (The Original Site License
Agreement, as amended by the terms of the Partial Assignment and the Second Amendment,
shall hereinafter be referred to as the “Site License Agreement”); and
WHEREAS, the Extended Term of the Site License Agreement ends on December 31, 2022. The
Parties desire to further extend the Term of the Site License Agreement for an additional three (3)
months running from December 31, 2022, through March 31, 2023, to provide the Parties with
additional time to mutually agree upon the terms and conditions to be incorporated in the two new
separate site license agreements.
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the
Parties amend the Site License Agreement as follows:
1. Recitals. The above recitals above are incorporated herein by reference.
2. Term. The Extended Term of the Site License Agreement ends on December 31, 2022.
The Parties mutually agree to extend the Term of the Site License Agreement for an additional
three (3) months running from December 31, 2022 through March 31, 2023 to provide the Parties
with additional time to mutually agree upon the terms and conditions to be incorporated in two
new separate site license agreements which are contemplated to be entered into between: (i) the
City, as landlord, and the State for the use of the Dunedin Tower; and (ii) the City, as landlord,
and L3Harris for the use of the Missouri Road Tower.
3. Miscellaneous.
a. This Amendment shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
b. This Amendment shall be governed by and construed in accordance with the laws
of the State of Florida.
c. The Site License Agreement shall not be further modified or amended in any manner
other than by a written agreement signed by the Parties.
3
d. The terms and conditions of the Site License Agreement, except as amended herein,
shall remain in full force and effect.
e. This Amendment may be executed in any number of counterparts, each of which
when so executed and delivered shall be deemed an original, but all of which together shall
constitute one and the same instrument. Executed signature pages delivered by electronic mail
shall be deemed effective as original signature pages.
f. Each of the Parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this Amendment.
[Signature page on next page]
4
IN WITNESS WHEREOF, the Parties have duly executed this Amendment as an instrument
under seal as of the day and year first above written.
STATE: L3HARRIS:
STATE OF FLORIDA, DEPARTMENT L3HARRIS TECHNOLOGIES, INC., a
OF MANAGEMENT SERVICES, Delaware corporation
an agency of the State of Florida
By: _________________________________ By: ________________________________
Name: ______________________________ Name: Michael J. Hayes
Title: ______________________________ Title: VP, Programs Management
Date: _______________________________ Date: November 8, 2022
CITY:
CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State of Florida
By: ________________________________ By: ________________________________
Name: Frank V. Hibbard Name: Jon P. Jennings
Mayor City Manager
Reviewed and Approved: Attest:
_____________________________________ ____________________________________
Name: Matthew J. Mytych, Esq. Name: Rosemarie Call
Assistant City Attorney City Clerk
(SEAL)
1
FOURTH AMENDMENT TO SERVICE & ACCESS AGREEMENT
(City of Clearwater)
This Fourth Amendment to Service & Access Agreement (this “Fourth Amendment”) is entered
into as of this day of (the date this Fourth Amendment is last signed by
a Party, the “Effective Date”) by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation of the State of Florida (the “City”) and L3HARRIS TECHNOLOGIES,
INC., a Delaware corporation and successor-in-interest to M/A-COM Private Radio Systems,
Inc. (“M/A-COM”) and formerly known as Harris Corporation (“L3Harris”). The City and
L3Harris shall sometimes hereinafter be referred to in this Fourth Amendment individually as a
“Party” and collectively as the “Parties”.
RECITALS
WHEREAS, the City and M/A-COM originally entered into the Service & Access Agreement
dated July 1, 2002 (the “Original Agreement”). Pursuant to the terms of the Original Agreement,
M/A-COM provided the Communications System described in the Original Agreement and
maintained the Communications System as required in the Original Agreement. Pursuant to the
terms of the Original Agreement, M/A-COM leased two towers from the City pursuant to the terms
of a Tower Agreement set forth in Schedule D to the Original Agreement. The two towers leased
to M/A-COM by the City in the Tower Agreement are: (a) the Communication Tower located on
the grounds of the City’s Northeast Water Pollution Control Plant (the “Dunedin Tower”); and (b)
the Communication Tower located on Missouri Road in the City (the “Missouri Road Tower”)
(the Dunedin Tower and the Missouri Road Tower shall sometimes hereinafter be collectively
referred to as the “City Towers”). Revenues from the subleasing of the City Towers are shared
with the City as provided in the Original Agreement. Space on the Dunedin Tower is also used for
antennas and other equipment that is used by L3Harris as part of the Florida Statewide Law
Enforcement Radio System (“SLERS”). Capitalized terms used in this Fourth Amendment shall
have the meanings set forth in the Agreement unless such terms are expressly defined in this Fourth
Amendment; and
WHEREAS, the City and M/A-COM previously entered into that certain First Amendment to
Service & Access Agreement dated November 8, 2005 (the “First Amendment”) and
WHEREAS, Harris Corporation, a Delaware corporation (“Harris”), purchased the assets of M/A-
COM on May 29, 2009, including all of the rights and obligations of M/A-COM under the Original
Agreement as amended by the First Amendment; and
WHEREAS, the City and Harris previously entered into that certain Second Amendment to
Service & Access Agreement dated September 14, 2015 (the “Second Amendment”). (The
Original Agreement, as amended by the First Amendment and the Second Amendment, shall
hereinafter be collectively referred to as the “Agreement”); and
2
WHEREAS, L3 Technologies was merged into Harris on June 30, 2019 and Harris was renamed
“L3Harris Technologies, Inc.”. L3Harris has all of the rights of Harris under the Agreement and
is fully responsible for the performance of all obligations of Harris under the Agreement; and
WHEREAS, pursuant to the terms of the Partial Assignment and Amendment of Site License
Agreement entered into in January 2022 (the “Partial Assignment”), L3Harris assigned its rights
as a tenant for the use of the Dunedin Tower to the State of Florida, Department of Management
Services (the “State”) with the City’s consent; and
WHEREAS, the City and L3Harris entered into that certain Third Amendment to Service &
Access Agreement dated September 19, 2022 (“Third Amendment”) to extend the Term of the
Agreement for three (3) months from September 30, 2022 until December 31, 2022 for the City
and L3Harris to finalize the revisions to the Agreement and for the City, the State and L3Harris to
finalize the revisions to the Tower Agreement (the Agreement, as amended by the Third
Amendment, shall hereinafter be referred to as the “Extended Agreement”); and
WHEREAS, the City and L3Harris are entering into this Fourth Amendment to extend the Term
of the Extended Agreement for an additional three (3) months from December 31, 2022 until
March 31, 2023 while the revisions to the Extended Agreement are finalized by the City and
L3Harris and while the revisions to the Tower Agreement are finalized by the City, the State and
L3Harris.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and L3Harris amend the Agreement as follows:
1.Recitals – The above Recitals are incorporated herein by reference.
2.Term - The Parties agree to amend Section 2.2 of the Extended Agreement to read as
follows:
“ The Initial Term of the Service Agreement ended on September 30, 2022. The Parties previously
extended the Term of the Service Agreement for three (3) months running from September 30,
2022 through December 31, 2022. The Parties mutually agree to extend the Term of the Service
Agreement for an additional three (3) months running from December 31, 2022 through March
31, 2023. Thereafter, the Parties shall have the option upon mutual agreement to extend this
Service Agreement for one (1) additional fifty-four (54) month period ending on September 30,
2027. Such agreed upon three (3) month extension and optional fifty-four (54) month extension
together reflect the 5-year extension contemplated under the Original Agreement.”
3.Miscellaneous
a.The terms and conditions of the Agreement, except as amended herein, shall remain
in full force and effect.
b.This Fourth Amendment may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original, but all of which together shall
3
constitute one and the same instrument. Executed signature pages delivered by electronic mail
shall be deemed effective as original signature pages.
c.Each of the Parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this Fourth
Amendment.
[Signature page follows]
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1311
Agenda Date: 12/15/2022 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve of the City of Clearwater’s Fiscal Year 2021-2022 Consolidated Annual Performance
and Evaluation Report (CAPER). (APH)
SUMMARY:
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City’s expenditures for Community Development Block
Grant (CDBG) and HOME Investment Partnerships (HOME) programs to the U.S. Department
of Housing and Urban Development (HUD). For Fiscal Year (FY) 2021-2022, the City’s
entitlement allocation was $922,626 in CDBG and $452,259 in HOME program funds, $963,862
of Prior Year funds, $1,695,850 of Program Income and $1,777,795 in CDBG Revolving Loan
funding for a total budget of $5,812,392 from federal funds.
Through the CDBG and HOME program activities, total expenditures were $1,375,885 in FY
2021-2022. Funds not expended from this year’s budget will be programmed in future years.
In addition to reporting activities carried out with federal money, a summary of activities
conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas
County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY
2021-2022, SHIP fund expenditures totaled $940,350 and PCHTF fund expenditures totaled
$48,400.
The report provides HUD with necessary information for the Department to meet its
requirement to assess each grantee’s ability to carry out relevant Community Planning and
Development programs in compliance with all applicable rules and regulations. It also provides
information necessary for HUD’s Annual Report to Congress, and it provides grantees an
opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods
and in meeting objectives stipulated in their Consolidated Planning document.
The City of Clearwater’s FY 2021-2022 CAPER contains information on the City’s assessment
of the following activities:
-Assessment of Five-Year Goals and Outcomes
-Resources and Investments
-Affordable Housing
-Homeless and Other Special Needs
-Public Housing
-Other Actions to Address Barriers to Affordable Housing
-Monitoring
Page 1 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1311
-CDBG
-HOME
A list of notable accomplishments utilizing federal, state, and local funds for FY 2021-2022
include:
-Provided seven down payment & closing cost assistance loans totaling $296,300.
-Completed the rehabilitation of seven multi-family rental units at Lexington Club at
Renaissance Square with a total cost of $300,000.
-Expended $595,172 for 14 Public Facilities projects. Facility improvements were made
to the following: St. Vincent de Paul Community Kitchen and Resource Center
rehabilitation, Clearwater Martin Luther King, Jr. Neighborhood Center Coalition’s
MLK Jr. Community Center rehabilitation, R’Club Child Care’s Gateway and
Breeden Early Learning Academy renovations, Clearwater Neighborhood Housing
Services business center roof rehabilitation, Directions for Living’s exterior safety
and security improvements, Homeless Emergency Project’s (HEP) affordable
supportive housing improvements, City of Clearwater’s Belmont Park
improvements, Miracles Outreach Community Development Center’s youth group
home rehabilitation, The Arc Tampa Bay’s facility rehabilitation, Homeless
Emergency Project’s (HEP) Adult homeless shelter (Phase 4); RCS Pinellas’ Food
Bank; Salvation Army’s Mallory Powell Social Services Campus, and Directions for
Living’s headquarters facility.
-Expended $166,500 for operational support for 8 Public Service providers. Funds were
used for salary support for The Kimberly Home’s Transitional Housing Program,
case management for St. Vincent de Paul’s Community Kitchen & Resource
Center, Gulfcoast Legal Services, Intercultural Advocacy Institute, Pinellas
Ex-offender Re-entry Coalition, WestCare-Florida’s Turning Point facility, Hope
Villages of America, and Pinellas Opportunity Council’s senior services. In addition,
the City expended $100,119 in CDBG-CV funds for COVID-19 public services for
Tampa Bay Community Development Corporation’s rent/utility assistance,
Directions for Living’s case management for seniors at Prospect Towers, and
Homeless Leadership Alliance of Pinellas’ housing navigation.
-Provided $107,063 for technical assistance services to Hispanic Business Initiative
Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment
Corporation that assisted 18 entrepreneurs and businesses.
-Provided $26,325 to two organizations to deliver homeownership education and
counseling to assist 151 Clearwater residents: Clearwater Neighborhood Housing
Services and Tampa Bay Community Development Corporation.
-Contributed $100,000 through the city’s General Fund to Pinellas Safe Harbor; $50,000
to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership
Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly
RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas.
Overall federal, state, and local funding assisted 21,787 persons, 175 households, and 18
businesses.
On December 13, 2022, the Neighborhood and Affordable Housing Advisory Board
recommended City Council approve the CAPER as written. The CAPER is due annually to
HUD no later than December 31.
Page 2 City of Clearwater Printed on 12/14/2022
File Number: ID#22-1311
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 3 City of Clearwater Printed on 12/14/2022
CAPER 2021 - Draft 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Clearwater is designated an Urban City and entitlement grantee of the Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME), which are administered federally by the U.S. Department of Housing and Urban Development (HUD).
Additionally, the City of Clearwater participates in the State Housing Initiatives Partnership (SHIP) and Pinellas County Housing Trust Fund
(PCHTF) programs to support affordable housing initiatives.
The City’s most recent Five-Year Consolidated Plan for CDBG and HOME established seven (7) goals for the five-year planning period spanning
federal Fiscal Years (FY) 2020/2021-2024/2025. This Consolidated Annual Performance and Evaluation Report (CAPER) provides reporting for the
second year (FY 2021-2022) of the Five-Year Consolidated Plan. These seven (7) goals and the corresponding one-year goal outcomes are as
follows:
Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year
Consolidated Plan. During FY 2021-2022, the City of Clearwater continued to administer the Federal CDBG and HOME programs under its
entitlement grants. Although there are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related
administrative expenses.
Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. Objective:
During FY 2021-2022, the City of Clearwater planned to assist 172 households with housing-related services; construct 111 rental units;
rehabilitate 12 rental units; construct 14 homeowner units; rehabilitate 5 homeowner units; and assist 32 households with direct financial
assistance such as down payment and closing costs. Outcome: The City assisted 151 persons with housing counseling, which met 88% of the
total expected public services outcome for the Housing goal. The City also assisted 7 households with down payment and closing costs (22% of
goal). In addition, the city assisted 17 households with non-federal funds. This included 3 down payment assistance loans, 2 new single-family
homes, and 12 single-family rehabilitation loans. The City leveraged state funds to facilitate the rehabilitation of 179 rental units in the North
Greenwood NRSA.
CAPER 2021 - Draft 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. Objective: During FY 2021-2022, the City of
Clearwater planned to assist 522 homeless persons with public facility or infrastructure activities and 234 homeless persons with public service
activities. Outcome: The City assisted 418 homeless persons (80% of goal) with public facility or infrastructure activities; 1,574 homeless persons
(673% of goal) with public service activities; and 468 homeless persons with overnight shelter.
Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs
populations. Objective: During FY 2021-2022, the City of Clearwater planned to assist 10,782 special needs persons with public facility or
infrastructure activities and 829 special needs persons with public service activities. Outcome: The City assisted 12,334 special needs persons
(114% of goal) with public facility or infrastructure activities; 128 special needs persons (15% of goal) with public service activities; and 91 special
needs persons with overnight shelter. The low outcome with regard to Public Services is largely due to WestCare Gulfcoast-Florida stating a
Countywide goal of 800 persons rather than reporting a citywide goal.
Goal 5: Community Development & Public Services - Enhance the living environment for persons in low- and moderate-income areas through
community development activities, public service programs, and elimination of blight. Objective: During FY 2021-2022, the City of Clearwater
planned to assist 3,526 persons with public facility or infrastructure activities; 186 persons with public service activities; and 3 buildings with
buildings demolished. Outcome: The City assisted 7,169 persons (203% of goal) with public facility or infrastructure activities and 141 persons
(76% of goal) with public service activities.
Goal 6: Economic Development - Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low
and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). Objective: During FY 2021-2022, the City of Clearwater
planned to assist 4 businesses with facade improvements and 80 businesses with microenterprise/entrepreneurial technical assistance.
Outcome: The City assisted 18 businesses (23% of goal) with microenterprise/entrepreneurial technical assistance. Improved performance under
this goal will be a focus area in FY 2022/23.
Goal 7: Emergency/Disaster Response - Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare
for and/or mitigate loss, protect during an event, and aid with recovery. Objective: During FY 2021-2022, no activities were planned for
emergency/disaster response. Outcome: No activities were funded for emergency/disaster response. This goal is intended to be invoked only
upon urgent need.
CAPER 2021 - Draft 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City of Clearwater administered and delivered its federally funded CDBG and HOME programs during FY 2021-2022. Key efforts during the
program year included the provision of public services for housing, homelessness, and special needs, production of new affordable housing
units, provision of overnight shelter for homeless persons, and assistance to businesses.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source / Amount Indicator Unit of
Measure
Expected –
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
Percent
Complete
Community
Development
& Public
Services
Non-Housing
Community
Development
CDBG: $1,147,825.00 /
HOME: $33,704.00
Public Facility or
Infrastructure Activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
9,390 7,169 76.35% 3,526 7,169 203.32%
Public service activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
10,320 446 4.32% 186 141 75.81%
Public service activities for
Low/Moderate Income
Housing Benefit
Households
Assisted
0 0 0.00% 0 0 0.00%
Buildings Demolished Buildings 0 0 0.00% 3 0 0.00%
Economic
Development
Non-Housing
Community
Development
CDBG: $300,176.50 Facade treatment/business
building rehabilitation
Business 8 0 0.00% 4 0 0.00%
Jobs created/retained Jobs 400 0 0.00% 0 0 0.00%
Businesses assisted Businesses
Assisted
1,000 83 8.30% 80 18 22.50%
Emergency/
Disaster
Response
Emergency/
Disaster
Response
CDBG: $0.00 / HOME:
$0.00
Other Other 0 0 0.00% 0 0 0.00%
Homelessness Homeless CDBG: $1,369,555.00 Public Facility or
Infrastructure Activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
2,815 418 14.85% 522 418 80.08%
Public service activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
2,815 2,012 71.47% 234 1,574 672.65%
CAPER 2021 - Draft 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source / Amount Indicator Unit of
Measure
Expected –
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
Percent
Complete
Homeless Person Overnight
Shelter
Persons
Assisted
2,815 722 25.65% 0 468
Overnight/Emergency
Shelter/Transitional Housing
Beds added
Beds 0 0 0.00% 0 0 0.00%
Homelessness Prevention Persons
Assisted
1,875 0 0.00% 0 0 0.00%
Housing for Homeless added Household
Housing Unit
30 0 0.00% 0 0 0.00%
Housing Affordable
Housing
Public Housing
CDBG: $1,360,175.00 /
HOME: $4,564,526.00 /
SHIP: $3,617,026.00
Public service activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
0 221 0 0 0.00%
Public service activities for
Low/Moderate Income
Housing Benefit
Households
Assisted
0 0 0.00% 172 151 87.79%
Rental units constructed Household
Housing Unit
95 0 0.00% 111 0 0.00%
Rental units rehabilitated Household
Housing Unit
75 0 0.00% 12 0 0.00%
Homeowner Housing Added Household
Housing Unit
145 8 5.52% 14 0 0.00%
Homeowner Housing
Rehabilitated
Household
Housing Unit
0 0 0.00% 5 0 0.00%
Direct Financial Assistance to
Homebuyers
Households
Assisted
50 1 2.00% 32 7 21.88%
Tenant-based rental
assistance / Rapid Rehousing
Households
Assisted
195 0 0.00% 0 0 0.00%
Buildings Demolished Buildings 5 0 0.00% 0 0 0.00%
Non-Homeless
Special Needs
Non-Homeless
Special Needs
CDBG: $1,238,228.00 Public Facility or
Infrastructure Activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
1,875 12,334 657.81% 10,782 12,334 114.39%
Public service activities other
than Low/Moderate Income
Housing Benefit
Persons
Assisted
2,815 201 7.14% 829 128 15.44%
Tenant-based rental
assistance / Rapid Rehousing
Households
Assisted
375 0 0.00% 0 0 0.00%
CAPER 2021 - Draft 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source / Amount Indicator Unit of
Measure
Expected –
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
Percent
Complete
Homeless Person
Overnight Shelter
Persons
Assisted
0 91 0 91
Program
Administration
Administration CDBG: $1,072,056.50 /
HOME: $245,606.00 /
SHIP: $355,715.00
Other Other 0 0 0 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
During FY 2021-2022, CDBG, HOME, and SHIP funds were used to address high priority needs by providing homebuyer education and counseling;
construction of affordable housing; public services and shelter for eligible populations; and economic development opportunities. The City of
Clearwater expended $1,079,585 in regular CDBG funds out of an available $2,633,913 in combined entitlement, program income, and prior-
year resources.
Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year
Consolidated Plan. There are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related
administrative expenses for CDBG and HOME.
Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. The City
addressed this goal through completion of the following activities: provision of homebuyer education/fair housing education for 151 households
through Tampa Bay Community Development Corporation and Clearwater Neighborhood Housing Services, Inc., and provision of homebuyer
down payment/closing cost assistance for 7 households through Tampa Bay Community Development Corporation and Clearwater
Neighborhood Housing Services, Inc.
Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. The City addressed this goal through the
Homeless Emergency Project, Inc. (HEP), St. Vincent de Paul Community Kitchen and Resource Center (SVdP), and The Salvation Army, which
provided emergency shelter and critical support facilities to 418 persons experiencing homelessness in the City of Clearwater. The City also
supported the provision of public services by homeless providers, including St. Vincent de Paul Community Kitchen and Resource Center (SVdP),
CAPER 2021 - Draft 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Kimberly Home, Inc., and Hope Villages of America, Inc., which collectively served 1,574 homeless persons. This exceeded the City’s
expectations for this goal and the respective outcome indicators.
Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs
populations. The City supported non-profit special needs service providers such as Pinellas Opportunity Council, Inc. (senior services) and
WestCare GulfCoast-Florida, Inc. (substance abuse services), which collectively served 128 special needs persons. Additionally, the City
supported facility rehabilitation projects for Directions for Living (mental health), The Arc Tampa Bay (persons with disabilities), Miracles
Outreach (at-risk youth aging out), and RCS Pinellas (food bank), which benefit special needs populations.
Goal 5: Community Development & Public Services – Enhance the living environment for persons in low- and moderate-income areas through
community development activities, public service programs, and elimination of blight. The City addressed this goal by partnering with non-profit
organizations that serve low- and moderate-income neighborhoods. Through such partnerships, including those with Intercultural Advocacy
Institute, Pinellas Ex-Offender Re-Entry Coalition, Gulfcoast Legal Services, Inc., Directions for Living, Clearwater Martin Luther King, Jr.
Neighborhood Center Coalition, R’Club Child Care, Inc. Gateway/Breeden ELA, and Clearwater Neighborhood Housing Services, Inc., 7,310
persons benefitted.
Goal 6: Economic Development - Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low
and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). The City addressed this goal by funding
microenterprise/entrepreneurial technical assistance in partnership with the Hispanic Business Initiative Fund of Florida, Inc. (Prospera) and
Tampa Bay Black Business Investment Corporation, Inc., which collectively benefitted 18 businesses (23% of goal).
Goal 7: Emergency/Disaster Response - Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare
for and/or mitigate loss, protect during an event, and aid with recovery. No activities were planned or funded for emergency/disaster response.
This goal is intended to be invoked only upon urgent need.
Expenditures for each Strategic Plan goal were consistent with the projects budgeted in the FY 2021-2022 Annual Action Plan. Affordable
housing projects often span multiple reporting periods; thus, resulting outcomes carry over into subsequent years and may not be reported in
the subject year. Similarly, public facilities and improvement project accomplishments are not reported until the project is complete and may
not be reported in the subject year; nine (9) public facilities and improvement projects were completed, and accomplishments were reported in
FY 2021-22, and six (6) public facilities and improvement projects will carry over and will be reported in FY 2022-23.
CAPER 2021 - Draft 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Additionally, during FY 2021-2022, the City also expended special CDBG-CV funds in the amount of $230,225.76 out of an available $1,351,560.
These funds were expended on CDBG-CV eligible activities to prevent, prepare for, and respond to coronavirus. These funds were expended on
COVID-19 related homeless services, case management, and business assistance through various providers, including Directions for Living
(COVID-19 case management for elderly), Tampa Bay Community Development Corporation (COVID-19 mortgage/utility assistance), Homeless
Leadership Alliance of Pinellas, Inc. (COVID-19 housing navigation), and Gulfcoast Legal Services, Inc. (COVID-19 housing legal services). These
efforts addressed the goals in the substantially amended FY 2019 Annual Action Plan that allocated the City's CDBG-CV funds for coronavirus
response.
CAPER 2021 - Draft 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 13,275 5
Black or African American 5,056 2
Asian 149 0
American Indian or Alaskan Native 40 0
Native Hawaiian or Other Pacific Islander 51 0
Total 18,571 7
Hispanic 3,818 0
Not Hispanic 14,753 7
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
In FY 2021-2022, CDBG funded public service, public facility, acquisition, housing, and economic
development activities that served 21,939 individuals of which 18,571 individuals are reflected in Table
2. The following are the racial and ethnic status of all program participants: White - 13,275 (60.51%);
Black/African American - 5,056 (23.05%); Asian - 149 (0.68%); American Indian/Alaskan Native - 40
(0.18%); Native Hawaiian/Other Pacific Islander - 51 (0.23%); American Indian/Alaskan Native & White -
66 (0.30%) Asian & White - 8 (0.04%); Black/African American & White - 29 (0.13%); American
Indian/Alaskan Native & Black/African American - 6 (0.03%); Other Multi-Racial - 3,259 (14.85%); 4,149
program participants identified as Hispanic.
Additionally, in FY 2021-2022 CDBG-CV funded public service activities that served 23 individuals to
prepare for, prevent, or respond to the health and economic impacts of COVID-19.
(***The table above does not reflect American Indian/Alaskan Native & White; Asian & White;
Black/African American & White; American Indian/Alaskan Native & Black/African American; or Other
Multi-Racial utilizing CDBG funds.)
In FY 2021-2022, HOME funded housing activities served 7 households. The following are the racial and
ethnic status of program participants: White - 5 (71%) and Black/African American - 2 (29%); 0 program
participants identified as Hispanic.
In FY 2021-2022, SHIP funded housing activities served 15 households. The following are the racial and
ethnic status of program participants: White - 6 (40%); Black/African American - 9 (60%); 0 program
participants identified as Hispanic.
CAPER 2021 - Draft 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
The following activity is currently underway: The City transferred 5 City-owned lots to Habitat for
Humanity to construct 5 homes. The City is also working with two developers to construct two large
multi-family projects including an 81-unit tax credit project and a 171-unit mixed income, workforce and
affordable housing project. The City also initiated a competitive proposal process for development of a
1.3-acre City owned lot to construct 24 workforce and affordable townhomes for homeownership.
CAPER 2021 - Draft 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 2,745,418.00 1,079,584.60
HOME public - federal 3,960,461.00 296,300.00
Other public - state 1,102,230.00 1,352,749.00
Table 3 - Resources Made Available
Narrative
In FY 2021-2022, the City had $6,705,879 in CDBG and HOME program funding available to fund eligible
housing and community development activities, economic development activities, and local agencies
that provide services that assist extremely low to moderate-income residents. Funding consisted of
$1,374,885 in new entitlement funding through the CDBG and HOME programs and $1,351,560 in
existing entitlement funding through the CDBG CARES Act (CDBG-CV). The City had $963,862 in prior
year resources, $1,695,850 in program income, and $0 in funds returned to CDBG.
Additionally, the City had a total of $1,127,930 in Florida State Housing Initiatives Partnership (SHIP) and
$224,342 in County Housing Trust program funds available to assist housing needs. The amount of state
funding available shown in the table above was an estimate provided in the 2021/22 Annual Action Plan.
In FY 2021-2022, the City expended a total of $1,079,584.60 in CDBG funds.
In FY 2021-2022, the City expended $296,300.00 in HOME funds.
Identify the geographic distribution and location of investments
Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Citywide Low- and Moderate-
Income Areas 85 58
Accomplished through public
services, housing assistance,
economic development, & public
facilities.
Downtown Gateway District
Neighborhood Revitalization
Strategy Area 5 10
Allocation was accomplished through
public services and public facilities.
Lake Bellevue Neighborhood
Revitalization Strategy Area 3 9
Allocation was accomplished through
public services and public facilities.
North Greenwood
Neighborhood Revitalization
Strategy Area 7 23
Allocation was accomplished through
public facilities, public services, and
economic development.
Table 4 – Identify the geographic distribution and location of investments
CAPER 2021 - Draft 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
In FY 2021-2022, the City expended 58% of CDBG and HOME funds on activities through public services,
economic development technical assistance, down payment and closing cost assistance, and public
facilities projects that benefited individuals/families in the low- to moderate-income areas of the city.
The City expended 10% of CDBG and HOME funds through public services and public facilities that
benefited individuals/families in the Downtown Gateway Neighborhood Revitalization Strategy Area.
The City expended 9% of CDBG and HOME funds through public services and public facilities that
benefited individuals/families in the Lake Bellevue Neighborhood Revitalization Strategy Area. The City
expended 23% of CDBG and HOME funds on public services, public facilities, and economic development
technical assistance that benefited individuals/families/businesses in the North Greenwood
Neighborhood Revitalization Strategy Area.
CAPER 2021 - Draft 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
HOME funds expended between October 1, 2021, and September 30, 2022, did not require a
HOME match. During the project year, five single-family lots were sold to a developer at a
discount to develop five single-family homes to be sold to qualifying families.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 1,273,909
2. Match contributed during current Federal fiscal year 0
3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) 1,273,909
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 1,273,909
Table 5 – Fiscal Year Summary - HOME Match Report
CAPER 2021 - Draft 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period
Balance on hand at begin-
ning of reporting period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end of
reporting period
$
1,695,850 344,031 747,425 0 1,292,456
Table 7 – Program Income
CAPER 2021 - Draft 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Number 0 0 0
Dollar
Amount
0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount
0 0 0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount
0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 2021 - Draft 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced
0 0
Households Temporarily
Relocated, not Displaced
0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 2021 - Draft 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 174 7
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 174 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 125 7
Number of households supported through
Rehab of Existing Units 17 0
Number of households supported through
Acquisition of Existing Units 32 0
Total 174 0
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City worked diligently to meet the second-year goals as identified in the 2020/2021 - 2024/2025
Consolidated Plan. The Coronavirus pandemic affected staff production with an allocation of $1,351,560
of CARES Act funding passed through the Florida Housing Finance Corporation. The City made modest
progress in meeting the affordable housing goals; a major obstacle the City faced in FY 2021-22 was the
dramatic increase in construction costs during the pandemic. Additionally, the availability of land
and/or housing stock for affordable housing is a challenge for development in an urban, built-out city.
The City continues to work with its housing partners to identify land purchase opportunities for
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affordable housing. The City’s use of SHIP funds facilitated the development of two single-family homes
and the rehabilitation of 12 residences in FY 2021-22. The city also completed seven down payment
assistance loans in FY 2021-22. The city is in the planning stages of three development projects that,
collectively, will create 275 new units. During the project year, the city leveraged non-federal funds to
facilitate the rehabilitation of 179 apartment units in the North Greenwood neighborhood. Using non-
federal funds, the city completed the rehabilitation of 12 single-family homes.
Discuss how these outcomes will impact future annual action plans.
Affordable housing and homelessness continue to be a high priority and is identified in the FY 2021-2022
Annual Action Plan. More emphasis is being placed on the utilization of the City’s two Revolving Loan
funds to assist more low- to moderate-income families in their pursuit of homeownership and to assist
in the rehabilitation of housing to ensure a safe and decent place to live. The City continued to support
economic development with its microenterprise technical assistance program, including in the City’s
North Greenwood Neighborhood Revitalization Strategy Area. The City continued to utilize CDBG,
HOME, SHIP and Housing Trust funds and all other available resources to meet the needs identified.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 15 0
Low-income 41 7
Moderate-income 95 0
Total 151 7
Table 13 – Number of Households Served
Narrative Information
The City’s housing programs are available to extremely-low to moderate-income households that
meet the eligibility requirements for each program.
In FY 2021-2022, the City’s housing programs assisted 158 households utilizing CDBG and HOME funds.
In addition, the City’s housing programs assisted 14 households utilizing SHIP and PCHTF funds. Owner
housing opportunity, owner preservation and owner housing production programs served a total of 172
households whose incomes range from extremely low to moderate. The City also distributed
$100,118.54 in CDBG-CV funds to help 23 Clearwater residents affected financially by the pandemic to
remain in their homes by providing mortgage assistance, as well as case management services, deposit
payment, rent, relocation, and utility expenses to prevent homelessness, including for the vulnerable
senior population of Prospect Towers displaced or homeless due to changes implemented by new
ownership.
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Based on the data sourced from the 2015-2019 Comprehensive Housing Affordability Strategy database,
the City of Clearwater had 24,250 households whose income was greater than 80% of HUD’s Adjusted
Median Family Income (HAMFI); 9,675 households whose income was >50-80% of HAMFI; 6,425
households whose income was >30-50% of HAMFI; and 7,240 households whose income was 30% or
below of HAMFI.
Cost burden is a fraction of a household’s total gross income spent on housing costs; severe cost burden
is defined as more than 50% of income going towards rent and utilities. Among all income groups, 5,590
renters have a cost burden >30-50% of income and 5,265 renters have a cost burden greater than 50%
of income. Among all income groups, 4,060 owner-households have a cost burden >30-50% of income
and 3,045 owner-households have a cost burden greater than 50% of income.
The City of Clearwater is a built-out community and lacks developable land for construction of new
affordable owner-occupied and rental housing. These barriers continue to have a negative impact
on projects and programs utilized to implement the City’s stated strategies.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City of Clearwater initiated and maintains a comprehensive, holistic approach and established the
Homeless Initiative. This initiative provides homeless individuals and families access to comprehensive
services.
The City is committed to advocating for and supporting those organizations who provide wraparound
services and address the root causes of homelessness. Therefore, the City of Clearwater provides
financial assistance to five organizations that are part of Pinellas County’s Homeless Continuum of Care:
Homeless Empowerment Program ($50,000.00), Pinellas Hope ($40,000.00), Pinellas Safe Harbor
($100,000.00), RCS Pinellas ($25,000.00), and The Salvation Army of Upper Pinellas ($10,000.00). In
addition, the City contributes $25,000.00 to the Homeless Leadership Alliance (HLA), which is the lead
organization overseeing the continuum of care providers in Pinellas County.
Following are some of the ways in which city funds are being used to provide services to individuals and
families experiencing homelessness:
Overnight, emergency, transitional, or permanent housing to homeless individuals and/or
families.
Delivery of case management.
Transportation services for veterans to Bay Pines Hospital.
The City of Clearwater actively participates in the two major Councils under the Homeless Leadership
Alliance (HLA) Continuum of Care with very specific roles: 1) Providers Council, made up of local
government representatives, public and private homeless and at-risk of becoming homeless service
providers, develops recommendations to the HLA on issues affecting the homeless services system,
addresses the needs of all target groups such as individuals, families, veterans, unaccompanied youth,
etc., for permanent housing, and coordinates planning and recommendations with other community-
wide planning groups; and 2) The Funders Council, composed of representatives from local and state
governments, businesses, foundations, and other funders of services that affect all homeless/at-risk
target groups. The Funders Council develops recommendations to the HLA board of directors on funding
of homeless and at-risk of becoming homeless programs and services, as well as on strategically aligning
funding resources available for homeless or at-risk of becoming homeless services to make the most
effective use of scarce resources.
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The City also participates in the Diversity, Equity, and Inclusion Committee. The Diversity, Equity, and
Inclusion Committee (DEI) provides insight and advice into promoting diversity, equity, and inclusion in
the Continuum of Care (CoC). The committee will consider and develop strategies for board
consideration that foster greater participation and make the CoC more accommodating and reflective of
members from diverse backgrounds, perspectives, and abilities. The committee will be aware of and
ensure coordination and collaboration of diversity, equity, and inclusion efforts throughout the CoC.
The City provides staff support for the annual Point-In-Time Survey and Count. Due to the COVID-19
pandemic, no in-person survey was conducted in 2022. The results were rendered from the sheltered
population. The total number of homeless individuals was 1,658. Approximately 20.9% of the entire
homeless population in Pinellas County self-reported coming from Clearwater.
In FY 2021-2022, City staff continued educating City employees and the general public on the city’s
homeless initiative, and staff frequently updated the City’s webpage. Additionally, the handout created
by City staff containing information on the city’s homeless initiative on how the city can assist the
homeless population is placed at every Clearwater public library and city facilities. “Give a Hand Up, Not
a Hand Out” is the city’s motto. In addition, every new employee receives a wallet-size card with
information on how to approach homeless service providers.
In FY 2021-2022, the Clearwater Homeless Street Outreach Team directly assisted 376 homeless persons
that were placed in Safe Harbor, Pinellas Hope, Homeless Emergency Project, Turning Point, and other
continuum of care providers. The case manager identifies mentally ill individuals that are eligible for
Social Security benefits and assists them through the process in obtaining those benefits. The case
manager also helps them navigate through the shelter system that will lead to permanent housing.
In FY 2021-2022, the City provided $345,053.11 in CDBG funds supporting homeless operations and
transitional housing rehabilitation. Funding was provided for 9 projects: Homeless Emergency Project,
Inc. - Adult Shelter Rehabilitation Phase 4; The Salvation Army - Mallory Powell Social Services Campus
improvements; The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the
Transitional Housing Program; St. Vincent de Paul Community Kitchen and Resource Center - Salary
support for a Housing Case Manager; Hope Villages of America, Inc. - Salary support for case
management to provide emergency shelter and supportive services at HVA Grace House , a homeless
family emergency shelter for parents and children; Homeless Emergency Project, Inc. - Affordable
Supportive Housing Improvements; St. Vincent de Paul Community Kitchen and Resource Center - CKRC
Rehabilitation Phase 2; WestCare GulfCoast-Florida, Inc. - For case management services at the Turning
Point facility, an inebriate shelter; and Religious Community Services, Inc. - RCS Food Bank
Rehabilitation. The funding provided addressed the following priority needs: Supporting improvements
of transitional housing serving extremely-low to moderate-income persons, including the homeless and
special needs populations and supporting operations of programs serving extremely-low to moderate-
income persons, including the homeless and special needs population.
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Addressing the emergency shelter and transitional housing needs of homeless persons
In FY 2021-2022, the City provided $312,508.11 in CDBG funding to assist with rehabilitation projects
and operational support for the following: $60.00 to Homeless Emergency Project, Inc., to rehabilitate
their homeless adult shelter (Phase 4); $33,388.50 to The Salvation Army for improvements at their
Mallory Powell Social Services Campus; $91,022.00 to Homeless Emergency Project, Inc., for affordable
supportive housing improvements; $14,557.27 to The Kimberly Home, Inc., for salary support of a
Resident Advisor to support the Transitional Housing Program; $6,800.00 to St. Vincent de Paul
Community Kitchen and Resource Center for salary support of a Case Manager; $21,582.00 to Hope
Villages of America, Inc. for case management to provide emergency shelter and supportive services at
HVA Grace House , a homeless family emergency shelter for parents and children; $65,315.00 to St.
Vincent de Paul Community Kitchen and Resource Center for CKRC Rehabilitation Phase 2; $22,722.00 to
WestCare GulfCoast-Florida, Inc., for case management services at their Turning Point facility, an
inebriate shelter; and $89,606.34 to Religious Community Services, Inc. to rehabilitate their RCS Food
Bank.
In FY 2021-2022, the City, through its General Fund, contributed $100,000 to Pinellas Safe Harbor;
$50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to
Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation
Army of Upper Pinellas. The funding supports the operation of programs serving persons and families
experiencing homelessness or at risk of becoming homeless and special needs populations.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Pinellas County Human Services provides homeless prevention and self-sufficiency programs targeting
the homeless population. The programs target high poverty zone areas throughout the County, to
include Clearwater, and focuses on individuals who are disabled and need assistance applying for
Federal benefits, assisting homeless families with children seeking affordable, permanent housing and
veterans who need assistance with obtaining Federal benefits, with a special focus on homeless
veterans to include the following programs: Family Housing Assistance Program; Adult Emergency
Financial Assistance Program and Veterans Services Program.
The City continues to work closely with Pinellas County to ensure all eligible recipients are referred to
the appropriate organization that will assist with their various needs.
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Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
In FY 2021-2022, the City provided $312,508.11 in CDBG funding to assist with rehabilitation projects
and operational support for the following: $60.00 to Homeless Emergency Project, Inc., to rehabilitate
their homeless adult shelter (Phase 4) that assisted 389 persons; $33,388.50 to The Salvation Army for
improvements at their Mallory Powell Social Services Campus that assisted 0 persons, as
accomplishments will be reported when the project is complete; $91,022.00 to Homeless Emergency
Project, Inc., for affordable supportive housing improvements that assisted 29 persons; $14,557.27 to
The Kimberly Home, Inc., for salary support of a Resident Advisor to support the Transitional Housing
Program that assisted 15 persons; $6,800.00 to St. Vincent de Paul Community Kitchen and Resource
Center for salary support of a Case Manager that assisted 1,499 persons; $21,582.00 to Hope Villages of
America, Inc. for case management to provide emergency shelter and supportive services at HVA Grace
House, a homeless family emergency shelter for parents and children that assisted 60 persons;
$65,315.00 to St. Vincent de Paul Community Kitchen and Resource Center for CKRC Rehabilitation
Phase 2 that assisted 0 persons, as accomplishments will be reported when the project is complete;
$22,722.00 to WestCare GulfCoast-Florida, Inc., for case management services at their Turning Point
facility, an inebriate shelter that assisted 91 persons; and $89,606.34 to Religious Community Services,
Inc. to rehabilitate their RCS Food Bank that assisted 12,282 persons
Additionally, the City, through its General Fund, contributed the following in support of transitioning
from homelessness to permanent housing and independent living:
$100,000 to Pinellas Safe Harbor, a 470-bed homeless shelter and jail diversion program that
opened in January 2011. Transportation is provided to individuals who are willing to enter and
receive case management services rather than going to jail.
$50,000 to Homeless Emergency Project, Inc. (HEP) to support their emergency shelter program,
family transition program, and permanent supportive and rapid re-housing services. HEP
provides shelter and wraparound services to homeless veterans.
$25,000 to the Pinellas County Homeless Leadership Alliance who is the lead agency for the
Pinellas County Continuum of Care (CoC) and is also in charge of the Homeless Management
Information System (HMIS) that assists service providers to prioritize available resources to the
most in need.
$40,000 to Pinellas Hope, a temporary emergency shelter for 250 men and women located on
20 acres provided by Bishop Robert N. Lynch and the Diocese of St. Petersburg. Case Managers
meet with the individuals on a regular basis to set goals towards self-sufficiency. Case Managers
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also assist shelter residents with job and housing placement, perform follow-up visits, and
provide after-shelter care to ensure successful outcomes.
$25,000 to Hope Villages of America (formerly RCS Pinellas) that runs the domestic violence
shelter program, providing apartment-style emergency shelter to homeless families with
children. The program works one-on-one with families through case management, education,
job readiness skills, and assisting families with the tools needed to save money in order to
secure stable housing.
$10,000 to the Salvation Army of Upper Pinellas for the Hope Crest program, a transitional living
center that comprises two- and three-bedroom apartments. Families are offered ongoing
assistance of a case manager upon leaving through a new program called Pathway of Hope.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City collaborates with the Clearwater Housing Authority (CHA) to foster innovative public housing
developments, potential joint ventures and residential initiatives. HUD funds are used to subsidize the
Housing Choice Voucher (HCV) Program with approximately 1000 participants and subsidizes 235 units
of public housing units. CHA’s affordable housing consists of 529 mixed-income units, which are not
subsidized utilizing federal, state, county, or city monies.
In FY2022, the CHA assisted approximately 1,000 families through their monthly Housing Choice
Voucher Program, expended approximately $10,500,000 in Housing Assistance Payments, assisted 235
families through its Public Housing Program with approximately $1,905,534 dollars in expenditures, plus
an additional $40,078 in Capital Housing Funds.
The City and CHA continue to work together to identify opportunities that will provide affordable units
to households at 50% AMI, 80% AMI and up to 120% AMI.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The Clearwater Housing Authority (CHA) encourages residents to become more involved
with management and to participate in self-sufficiency programs. The CHA offers a Family Self-
Sufficiency (FSS) Program for all Housing Choice Voucher holders who wish to improve their financial
situation, eliminate their dependence on public assistance and are motivated to change their lives. FSS
participants sign a five-year contract, during which time they complete an educational or vocational
program, obtain employment, and become free from government assistance. The FSS staff provides the
structure and support necessary to break down barriers and achieve goals. Once a FSS participant
obtains employment or higher wages, he or she may begin to save money in an escrow account which is
awarded upon completion of the program.
Actions taken to provide assistance to troubled PHAs
The CHA was checked through HUD’s Public Housing Assessment System (PHAS) and is designated
as Small PHA Deregulation with a score of 81. No further action is needed.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the
Sadowski Act.
During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill,
approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires
counties and cities receiving SHIP funds to appoint an eleven-member Affordable Housing Advisory
Committee (AHAC). The statute further provides that the committee be made up of members from a
specific industry or a specific group as identified in the statute. The requirement was largely met
through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB).
The City Council adopted Resolution No. 22-19 that created and appointed the AHAC.
The duties of the AHAC included reviewing policies and procedures, ordinances, land development
regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives
to encourage or facilitate affordable housing.
The following are barriers and strategies undertaken by the City to remove or ameliorate the barrier:
Barrier: Lack of land available to develop affordable housing projects – Strategy: Prepare inventory of
locally-owned public lands suitable for affordable housing.
Barrier: Limited funding to invest in production and rehabilitation of attainable housing – Strategy:
Strengthen our relationship with the Clearwater Housing Authority and private developers to foster
innovative public housing developments, mixed-income residential developments, potential joint
ventures and residential initiatives.
Barrier: Lack of information concerning the City’s permitting process for affordable housing units and
limited information on the City’s affordable incentives and programs – Strategy: Provide information on
affordable housing permitting process to interested developers through printed material and City
website.
Barrier: Land Development codes and incentives and third party barriers such as involuntary
easements/encroachments and homeowners insurance - Strategy: Initiate an expedited permitting and
ongoing review process; provide for flexible densities for affordable housing projects; reduction of
parking setback requirements for affordable housing; allowance of flexible lot configuration, including
zero-lot line configuration for affordable housing; and support of development near transportation
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hubs, major employment centers, and mixed-use development. While homeowners insurance is
required, the City’s policy is to ensure the client receives only the insurance required.
Barrier: Public perception of affordable housing development – Strategy: Provide information to the
public via printed material, reports and the City website showcasing ongoing and completed projects.
Support mixed-income housing development projects that strengthen the socio-economic foundation of
the community with the inclusion of market-rate units.
Barrier: Maintaining the City’s aging housing stock as a source of affordable housing - Strategy: Provide
educational opportunities to citizens concerning barriers that can be eliminated such as poor credit;
provide acquisition and rehabilitation loans to non-profits whose goal is to preserve affordable housing;
provide down payment loans for eligible homebuyers and rehabilitation loans to eligible homeowners to
ensure homes are code compliant.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
A significant obstacle to meeting underserved needs is the lack of financial resources among housing
and service providers that support the City’s institutional delivery structure. Local government policies
concerning building codes, subdivision standards and impact fees enacted to protect the general welfare
of the public have unintended consequences; an example of an unintended consequence is the creation
of barriers to housing affordability by increasing per unit development costs that impacts the supply of
affordable housing to extremely-low to moderate-income families.
Other significant obstacles to meeting underserved needs are rents and housing affordability. Average
rents in the City of Clearwater are not affordable to low- and moderate-income households; many
households struggle to pay their rent and afford necessities such as food, clothing, medical care and
transportation. The City gives priority to the acquisition and construction of new mixed-use
development projects especially in the established Neighborhood Revitalization Strategy Areas, where
need is greatest.
First-time homebuyer obstacles include the purchase price of a single-family home, credit issues and
unemployment/underemployment. The City provides first-time homebuyers educational opportunities
and down payment and closing cost assistance.
In FY 2021-2022, the City provided $412,660 for two single-family home projects built by Habitat for
Humanity: $364,260 in SHIP funds for homes at 637 Blanche B. Littlejohn Avenue and 602 Alden Drive
and $48,400 in funds from the Housing Trust Fund that also assisted at 602 Alden Drive. In addition, the
City expended $296,300 in HOME funds and $140,375 in SHIP funds to help 10 low-income families
purchase homes in Clearwater. The City also assisted 12 low-income Clearwater homeowners with
housing rehabilitation needs utilizing $435,715 in SHIP funds.
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The City provided $8,900 in CDBG funds to Tampa Bay Community Development Corporation and
$17,425 in CDBG funds to Clearwater Neighborhood Housing Services, Inc. for homebuyer
education/counseling that assisted 151 individuals. The City spent an additional $2,337 in Pinellas
County Housing Trust Funds to support homebuyer education to assist 20 individuals.
These activities preserve the existing housing stock through acquisition, rehabilitation and construction
of affordable rental units; rehabilitation of aging single-family homes; the increase of available
affordable homes through new construction and improved access; homebuyer education; and
down payment and closing cost assistance for qualified low- to moderate-income households.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Lead-based paint continues to be a problem throughout cities across the United States. It is usually
prevalent in homes built prior to 1978. The City maintains that lead-based paint is a serious issue and
conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are
present, the lead paint is either removed or covered in a manner prescribed by HUD. The City continues
its effort to rid structures of lead-based paint and inspects homes built prior to 1978 for any presence of
lead-based paint. If the presence of lead-based paint is found, the City requires removal of the paint as
part of its down payment and closing cost assistance and rehabilitation programs.
Additionally, the City continues to coordinate with agencies in the Clearwater area that screen residents
for elevated blood lead levels (EBL) and inspect housing units for lead-based paint hazards. These
agencies include the Pinellas County Health Department and the Clearwater and Pinellas County
Housing Authorities, among others. The City places information about lead-based paint and safety on
the City’s Affordable Housing Division webpage. Program activities include: Assurance that children
identified as at risk receive blood lead testing and a child with elevated lead levels receives follow-up
care; promotion of a public awareness campaign through education and disbursement of educational
materials via physicians and the community; routine placement of educational materials on the City’s
Affordable Housing Division webpage; assessment of homes at risk to identify lead hazard control
services to eliminate hazards identified in homes; initiation of supportive lead hazard control services to
eliminate hazards identified in homes; and evaluation of prevention activities to measure the impact
and outcome of program services and intervention efforts in the community.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
According to the 2016-2020 American Community Survey 5-Year Estimates, 15.3% of all people living in
the City of Clearwater are at poverty level or below. To combat this statistic, the City continued to
coordinate with a number of agencies that support poverty-level families. These agencies provide
services to other homeless and non-homeless special needs populations, as well as to low- to moderate-
income families. Such services include referrals to affordable housing; employment assistance; job
training; and economic opportunity.
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In FY 2021-2022, the City provided $24,045 in CDBG funds to Intercultural Advocacy Institute, Inc. and
$25,000 to Pinellas Opportunity Council, Inc. These two organizations provided for family advocacy and
mentoring toward academic and employment success or self-sufficiency. The City provided $37,099 to
Gulfcoast Legal Services to represent low-income clients; $22,722 to WestCare GulfCoast-Florida to
provide substance abuse services; $14,557 to The Kimberly Home to support the Transitional Housing
Program; $21,582 to Hope Villages of America to provide case management at HVA Grace House; and
$91,082 to Homeless Emergency Project and $89,606 to RCS Pinellas to provide homeless facilities and
shelters. Combined, these agencies assisted 12,992 individuals throughout the program year.
In FY 2021-2022, the City provided $18,900 in CDBG funds to Hispanic Business Initiative Fund of Florida,
Inc. dba Prospera that assisted 15 businesses and $88,163 in CDBG funds to Tampa Bay Black Business
Investment Corporation. $50,000 of the $88,163 was for expenses incurred during the previous
program year and the number of businesses assisted were reported in the previous CAPER. The $38,163
spent for programs in FY 2021/22 assisted 3 business. Both organizations provided technical assistance
to small businesses and entrepreneurs. Prospera served Clearwater’s Hispanic community primarily in
the Downtown Gateway Neighborhood Revitalization Strategy Area, and Tampa Bay BBIC served
residents/entrepreneurs located primarily in the North Greenwood Neighborhood Revitalization
Strategy Area.
Through the coordination of programs, including the Environmental Protection Agency; State
Brownfields Redevelopment Initiatives; Juvenile Welfare Board; United Way; the Eckerd Foundation;
Career Source Pinellas; and the University of South Florida; the City continued to expand its efforts
to reduce impediments.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continued to work with its own departments and various housing and public service providers,
as well as partners of their programs, in an effort to expand opportunities and to make continuous
improvements to the institutional structure. Continued actions will include solicitation of feedback on
referral processes and other means of coordination between such providers and the City of Clearwater.
In FY 2021-2022, the City supported an array of activities that strengthen the institutional structure’s
ability to serve persons of extremely-low to moderate-income; persons with special needs; and the
homeless population. These activities include case management; emergency shelter; transitional
housing; behavioral and mental health services; supportive services for the elderly; facilities for the
disabled; referrals to appropriate housing providers; affordable housing unit construction and
rehabilitation; homebuyer education; down payment assistance; and access to economic
opportunity technical assistance.
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Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City continued to coordinate with housing and public service providers to develop an
effective institutional structure and enhance interagency coordination. The City continued to work with
the Clearwater and Pinellas County housing authorities to improve access to public housing and tenant-
based assistance. Although funding for public housing authorities is limited, and competition for
affordable housing is high, these agencies continued to provide housing-related activities to include
rental assistance; rehabilitation; and new construction for low- to moderate-income individuals. Input
from public housing authorities is solicited during preparation of the City’s Annual Action Plan.
Additionally, the City promotes coordination between non-profit and private for-profit housing
providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP-
mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the Local Housing
Assistance Plan and Local Housing Incentive Strategy reports, and through the Annual Action Plan
process. Moreover, annual meetings in conjunction with the Action Plan process provide an opportunity
for these providers to interact. Public service providers in the greater Clearwater area provide a wide
array of services to extremely-low to moderate-income individuals. These organizations typically have a
specific target population that they serve (homeless individuals/families; persons with special needs or
disabilities; extremely-low to moderate-income families) and possess a level of knowledge and expertise
that is invaluable when identifying underserved needs. The continuation and expansion of these public
services were encouraged by means of matching programs with funding, as available. The City
recognizes that improved coordination between housing and public service providers will continue to be
a critical action toward preventing homelessness. Therefore, input from public service providers is
solicited during preparation of the City’s Annual Action Plan.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
In FY 2020-2021, Pinellas County’s Office of Human Rights and the Community Development and
Planning Division of the Planning Department prepared a countywide Analysis of Impediments to Fair
Housing Choice (Analysis) which included the City of Clearwater. Data from the Analysis suggested that
the following types of impediments exist: (1) Cost and Availability, (2) Evictions, (3) Housing Stock, (4)
Protected Classes, (5) Education, (6) Underserved Transportation Corridors, and (7) Limited English
Proficiency.
The City funded programs that offer free classes for persons interested in homeownership, as well as
provides outreach and training in fair housing. In FY 2021-2022, the City provided $8,900 in CDBG funds
to Tampa Bay Community Development Corporation and $17,425 in CDBG funds to Clearwater
Neighborhood Housing Services, Inc. and assisted 151 individuals. In addition, the City provided
$5,884.80 in CDBG-CV funds to Tampa Bay Community Development Corporation that assisted 5
individuals. The City’s efforts are furthered through partnerships with the Pinellas Realtor
CAPER 2021 - Draft 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
Organization which subscribes to the Affirmative Marketing Agreement and the Bay Area Apartment
Association; both entities work to educate its members on Fair Housing issues.
The City supported self-help initiatives based on volunteers providing housing assistance to designated
elderly and indigent property owners and assisted them in complying with municipal housing codes to
include individual volunteers; community and religious organizations/institutions; and businesses as a
means of supplementing financial resources for housing repair and neighborhood cleanups to include
Paint Your Heart Out and United Way’s Day of Caring.
The City established the Affordable Housing Advisory Committee (AHAC), that provides oversight and
review of incentives that will encourage the development of affordable housing. The AHAC provides
recommendations annually to the City to consider strategies that will facilitate development of
affordable housing and the removal of barriers.
Inquiries from extremely-low to moderate-income tenants are often referred to the City’s Code
Enforcement staff. Tenants often seek remedies for actual or perceived Housing Code violations in their
rental unit that the landlord or property management company may have declined to address or for
repairs that are being addressed by the landlord at an unacceptable pace for the tenant. City code
enforcement staff provides general information on code enforcement alternatives and remedies as well
as the State’s landlord tenant law. Some tenants are referred to pro bono or low-cost legal assistance
programs to serve tenants needs.
While the City does not provide legal services, the City provided $34,969 in CDBG funds to Gulfcoast
Legal Services, Inc. (GLS) to provide civil legal aid related to housing related matters to 24
residents. Also, Pinellas County Clerk of the Circuit Court operates three legal self-help centers to assist
Pinellas County citizens on representing themselves in court in regard to family law; small claims; or
landlord/tenant matters. The self-help centers provide consultation with an attorney for a minimal fee;
forms and packets for civil court actions; document notary; and copying services.
CAPER 2021 - Draft 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City is responsible for monitoring all agreements administered under its CDBG and HOME programs,
advising subrecipients on their performance and ensuring compliance with Federal rules and regulations
corresponding to the funding source. Monitoring is necessary to ensure that subrecipients continue to
meet expectations for timeliness, capacity, and reporting; and that activities continue to meet National
Objectives and other program goals. Through frequent monitoring, conflicts of interest and
opportunities for waste, mismanagement, fraud and abuse are minimized.
Onsite or desk monitoring visits occur at least annually depending on the risk-level of the subrecipient,
or if concerns were identified during a prior visit, onsite monitoring visits may occur more frequently to
determine compliance or until corrective actions are taken. Staff contacts the subrecipient by phone or
email to schedule a monitoring visit and follows up with a formal Notification Letter to the recipient at
least two weeks prior to the scheduled visit. The Notification Letter includes confirmation of the date,
time and duration of the visit, a description of the purpose for the monitoring visit, and identification of
the subrecipient representatives expected to be present and any office/meeting space that will be
required. The City conducted monitoring activities remotely during FY 2021-2022 due to health risks
from the pandemic.
In preparation for an onsite monitoring visit, City staff reviews all documentation associated with the
subrecipient’s records, including but not limited to: original application for CDBG or HOME funding;
subrecipient agreement; requests for payment and corresponding documentation; monthly or quarterly
reports; documentation from previous monitoring visits; and copies of other audits performed.
At the beginning of the scheduled onsite monitoring visit, City staff holds an entrance conference with
the subrecipient’s Director and appropriate financial and program staff. The entrance conference
reiterates the schedule and purpose of the onsite monitoring visit and documents the subrecipient’s
participation. The entrance conference is used to convey the City’s responsibility to monitor the
subrecipient to determine whether the use of Federal funds is appropriate and consistent with the
agreement, even if the onsite monitoring visit presents an inconvenience for the subrecipient.
Within 30 days after the visit, the City mails a monitoring letter to the subrecipient that details the
results of the onsite monitoring visit. The letter identifies any Findings or Concerns as follows: Finding –
A violation of law or regulation that could result in a sanction; or Concern – A matter that, if not properly
addressed, could become a finding that could result in a sanction.
CAPER 2021 - Draft 32
OMB Control No: 2506-0117 (exp. 09/30/2021)
The monitoring letter details each Finding identified, if applicable, along with the
corresponding citation(s) of applicable laws, regulations, or program policies and the supporting fact(s)
collected during the onsite visit. For each Finding identified, the letter specifies the corrective action(s)
that the subrecipient must take along with a specific date by which the subrecipient must provide a
written response detailing how and by when the corrective action(s) will be taken.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
As required, reasonable notice for review and comment of the CAPER was provided. Public notices of
two public meetings and public comment period was published in the Tampa Bay Times on November
30, 2022, advising of the availability of this performance report for viewing and public comment from
November 30, 2022, through December 15, 2022. Both notices were placed on the City of Clearwater’s
Affordable Housing webpage located at www.myclearwater.com/housingnotices. No comments were
received during the comment period.
CAPER 2021 - Draft 33
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The programs administered during FY 2021-2022 were Housing, Homelessness, Non-Homeless Special
Needs, Community Development and Public Services, and Economic Development.
Housing includes: Tampa Bay Community Development Corporation – Down Payment Assistance and
Homebuyer Education; Habitat for Humanity of Pinellas County – Single Family Homes; and Clearwater
Neighborhood Housing Services, Inc. – Down Payment Assistance and Homebuyer Education.
Homelessness includes: Homeless Emergency Project, Inc. - Adult Shelter Rehabilitation Phase 4; The
Salvation Army - Mallory Powell Social Services Campus improvements; Homeless Emergency Project,
Inc. – Affordable Supportive Housing Improvements; The Kimberly Home, Inc. - Salary support for a
Resident Advisor to support the Transitional Housing Program; St. Vincent de Paul Community Kitchen
and Resource Center - Salary support for a Case Manager; Hope Villages of America, Inc. – Salary
support for a Case Manager at HVA Grace House, a homeless family emergency shelter for parents and
children; and St. Vincent de Paul Community Kitchen and Resource Center - CKRC Facility Rehabilitation.
Non-Homeless Specials Needs includes: WestCare GulfCoast-Florida, Inc. - For case management
services at the Turning Point facility, an inebriate shelter; Pinellas Opportunity Council, Inc. – Chore
Services; The Arc Tampa Bay, Inc. – Classroom Renovations; RCS Pinellas – RCS Food Bank Rehabilitation;
and Miracles Outreach Community Development Center, Inc. – Youth Group Home Rehabilitation; and
Directions for Living – Exterior Safety and Security Improvements.
Community Development and Public Services includes: Gulfcoast Legal Services, Inc. – Legal Services;
Directions for Living, Inc. – Public Facilities Rehabilitation; Intercultural Advocacy Institute, Inc. – Youth
Leaders Partnership Program; Pinellas Ex-offender Re-entry Coalition, Inc. - STARS Program; Clearwater
Martin Luther King, Jr. Neighborhood Center Coalition – MLK Jr. Community Center Rehabilitation;
R’Club Child Care, Inc. – Gateway Early Learning Academy Renovations; R’Club Child Care, Inc. – Breeden
Early Learning Academy Rehabilitation; Clearwater Neighborhood Housing Services, Inc. – Business
Center Roof Improvements; and City of Clearwater – Belmont Park Improvements.
Economic Development includes: Tampa Bay Black Business Investment Corporation – Technical
Assistance; and Hispanic Business Initiative Fund of Florida, Inc. dba Prospera – Technical Assistance
Other: Directions for Living – Prospect Towers Senior Services (CDBG-CV); and Tampa Bay Community
Development Corporation – Mortgage/Utility Assistance Program (CDBG-CV); Homeless Leadership
Alliance, Inc. – COVID-19 Housing Navigation (CDBG-CV); and Gulfcoast Legal Services, Inc. – COVID-19
Housing Legal Services (CDBG-CV).
CAPER 2021 - Draft 34
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City will actively pursue multi-family rehabilitation and acquisition and new construction projects
utilizing Revolving Loan funds in fiscal year 2022-2023.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 2021 - Draft 35
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon
the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues
that were detected during the inspection. For those that were not inspected, please indicate
the reason and how you will remedy the situation.
Inspection of initial lease-up of rental housing units is conducted by City staff and ongoing inspections of
rental housing funded by HOME funds are also conducted by City staff or contracted compliance
monitoring agency. All HOME funded projects are monitored annually, either by a desk review or an
onsite inspection. A desk review includes compliance with income and rent eligibility requirements and
financial records. An onsite monitoring includes compliance with income and rent eligibility
requirements, financial reports, program records/files and is performed at least every two or three years
as applicable. The following identifies all projects that received an onsite or desk review in FY 2021-
2022:
Abilities of Morningside II (2500-1 Harn Boulevard) – Desk audit - In compliance
Abilities of St. Andrews Cove (605 North Keene Road) – Desk audit - In compliance
Homeless Emergency Project (1250 Palmetto Street) – Desk audit - In compliance
Fairburn Apartments (1102 Fairburn Avenue) – Desk audit - In compliance
Kimberly Home, Inc. (114 North Missouri Avenue) – Desk audit - In compliance
Kimberly Home, Inc. (1192 Browns Court) – In-Person Review - In compliance
Pineberry Apartments (1225 Highland Avenue) – Desk audit - In compliance
Prospect Towers (801 Chestnut Street) – In-Person Review - In compliance
Garden Trail Apartments (609 Seminole Street) – Desk audit - In compliance
Norton Apartments (1450 South Martin Luther King Jr. Avenue) - Desk audit - In progress
CSF-Tieman Village (1101-1119 Woodlawn Street) – Desk audit in progress - In compliance
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
As part of the HOME application, applicants are required to submit an affirmative marketing plan to the
City which must conform to the City’s affirmative marketing requirements. Monitoring of affirmative
marketing for HOME funded units is incorporated into the City’s overall monitoring process. During each
onsite monitoring visit, the City monitors subrecipients for compliance with affirmative marketing
requirements.
CAPER 2021 - Draft 36
OMB Control No: 2506-0117 (exp. 09/30/2021)
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
HOME Program Income received during the program year totaled $344,031.00
In FY 2021-2022, HOME funds were expended on 7 activities and administration/planning
totaling $350,067.60. Program Income was expended as it became available with 10% utilized for
administration/planning.
The following are racial and ethnic status of HOME program participants: White - 5 (71%) and
Black/African American - 2 (29%); 0 program participants identified as Hispanic.
The following are income levels of the HOME program participants: 0 were extremely low (below 30%)
or 0%, 1 was low (between 30% - 60%) or 14% and 6 were low income (between 60% - 80%) or 86%.
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES
ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
During FY 2021-2022, the City continued to proactively support, develop and maintain affordable
housing. Utilizing CDBG, HOME, SHIP and Pinellas County Housing Trust Fund, the City assisted 7
households to become first-time homeowners through down payment and closing cost assistance;
assisted 14 homeowners to preserve their homes through rehabilitation; funds were provided to The
Kimberly Home for the rehabilitation of two rental units to further their mission of housing homeless
pregnant women; funds were provided to Habitat for Humanity of Pinellas County to acquire 1 vacant
parcel and construct 5 single family homes, 4 of which are currently under or awaiting construction; and
the City transferred 5 City-owned lots to Habitat for humanity to construct 5 homes. The City is also
working with two developers to construct two large multi-family projects including an 81-unit tax credit
project and a 171-unit mixed income, workforce and affordable housing project. The City also initiated a
competitive proposal process for development of a 1.3-acre City owned lot to construct 24 workforce
and affordable townhomes for homeownership.
The City continues to support national, state, and local housing policies and continues to educate
and inform citizens and elected officials of the need for affordable housing.
CAPER 2021 - Draft 37
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for,
off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business
concerns.
Technical assistance to help Section 3 business concerns understand and
bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section
3 business concerns.
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide
direct services or referrals.
Provided or connected residents with supportive services that provide one
or more of the following: work readiness health screenings, interview
clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year
educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns.
Provided or connected residents with training on computer use or online
technologies.
Promoting the use of a business registry designed to create opportunities
for disadvantaged and small businesses.
CAPER 2021 - Draft 38
OMB Control No: 2506-0117 (exp. 09/30/2021)
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act.
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program
Narrative
In FY 2021-2022, the City of Clearwater had no projects subject to Section 3.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: Resolution 22-22
Agenda Date: 12/15/2022 Status: City Manager ReportVersion: 1
File Type: ResolutionIn Control: City Manager's Office
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Establish a Ready for 100 goal in which the City aims to transition 100% of electricity
consumed in city operations to clean energy by 2040 and 100% of electricity consumed
citywide to clean energy by 2050 and adopt Resolution 22-22.
SUMMARY:
City staff and the Environmental Advisory Board recommend that a “Ready for 100” resolution
be adopted by City Council. This resolution includes targets in which the City would convert its
electricity consumption to come from clean, renewable energy sources both in its municipal
operations and citywide. Energy efficiency, on-site renewable energy, and utility-provided solar
programs are essential to the success of these “Ready for 100” goals.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/14/2022
|1CITY OF CLEARWATER
Ready For 100Clearwater
Resolutionfrom Clearwater Environmental Advisory Board2022
100 S. Myrtle Ave. | Clearwater, FL 33756
www.myclearwater.com
|2CITY OF CLEARWATER
What is Ready for 100?
A commitment to:
•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
•ARPA monies for solar panels
•Rep. Charlie Crist $1M grant
•Inflation Reduction Act
|5CITY OF CLEARWATER
Considerations continued:
•The transition to Clean Energy is an
enormous economic opportunity
•Create jobs
•Save taxpayer money
•Improvement in air and water quality
•Improvement in public health
|6CITY OF CLEARWATER
Other Savings:
•In 2018, Municipal Buildings & Facilities
Energy Use via Electricity was
120,281,181kWh, emissions of 51,071
Metric Tons CO2equiv.
•Potentially 51,071 MT CO2e of GHG
emissions avoided if we use 100% clean
energy electricity
•5.7M gallons gasoline not consumed or
•56,426,870 pounds of coal not burned or
•2,082,571 propane cylinders not used for
home
|7CITY OF CLEARWATER
Supports Greenprint 2.0 Goals
Greenprint 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.
Ready For 100 commits to clean energy, thereby
reducing GHG emissions and enabling achievement
of Greenprint goals
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
|9CITY OF CLEARWATER
What do we need to do to get The City
facilities to 100?
•Cenergistic and energy conservation
(20% reduction)
•On-site renewable energy generation
(generate 40% of current usage)
•ARPA, Investment Reduction Act, Rep.
Crist grant
•Duke CEC (off-site solar) program
(generate 40% of current usage)
|10CITY OF CLEARWATER
What do we need to do for the Community?
•Inflation Reduction Act provides billions for
combatting climate change at local level
•Create city programs/grant opportunities for efficiency
programs and residential solar
•Citizen education and engagement
•Partnership with nonprofit Solar United Neighbors
and the Solar and Energy Loan Fund
•Continue to work with Duke to achieve their carbon
neutral by 2050 goals
|11CITY OF CLEARWATER
Municipal Financial Savings
Municipal Solar
•City solar feasibility study pending
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
•Reinvestment of savings
•Creates virtuous cycle of energy savings and farther
investment in clean energy
Ready for 100 Goals:
•2040 -100% Clean Energy
electricity for City Operations
•2050 –100% Clean Energy
electricity for Citywide
RESOLUTION NO. 22-22
A RESOLUTION OF CLEARWATER, FLORIDA, TARGETING A
TRANSITION TO 100% RENEWABLE, ZERO-EMISSION, CLEAN
ENERGY ELECTRICITY FOR CITY OPERATIONS BY 2040 AND
CITYWIDE BY 2050; DECLARING AN INTENTION TO FORM
PARTNERSHIPS TO REACH THESE CLEAN ENERGY GOALS;
DIRECTING CITY STAFF TO TAKE MEASURES TO REACH
THESE CLEAN ENERGY GOALS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Federal Government's 2018 Fourth National Climate Assessment
issued dire warnings of the threat of climate change to infrastructure, ecosystems, economies,
and social systems that provide essential benefits to communities;
WHEREAS, the United Nations' Intergovernmental Panel on Climate Change (UN
IPCC), the international community's most respected assemblage of scientists, has concluded
that human-induced climate change is affecting life-sustaining systems across the globe,
leading to accelerating sea-level rise, with cascading effects for ecosystems and human
security;
WHEREAS, in a 2018 Special Report, the UN IPCC specified global goals of reducing
greenhouse gas (GHG) emissions by 45% by 2030 and to net zero emissions by 2050 in order
to prevent the growing threat of abrupt and irreversible climate change;
WHEREAS, Clearwater is a coastal community on the front lines of the environmental,
economic, and public health impacts of climate change, as seen in the form of sea-level rise,
storm surge, and rising temperatures;
WHEREAS, the cost of renewable, zero-emission, "clean" energy ("Clean Energy"),
including but not limited to energy derived from wind, solar, geothermal, and wave technology
sources, has fallen dramatically over the past decade-plus and is now less than that for fossil
fuels;
WHEREAS, the transition to Clean Energy represents an enormous economic
opportunity for Clearwater to save taxpayers money, create jobs in emerging industries, and
expand prosperity for residents, as well as provide actions to improve air and water quality and
protect public health;
WHEREAS, Clearwater’s Greenprint Plan creates a vision to make the city of Clearwater
a vibrant community for current residents and future generations;
WHEREAS, Clearwater’s Greenprint Plan calls for implementing strategies to reduce the
amount of energy used through efficiency improvements to existing buildings and the
development of new buildings to high-performance standards, coupled with shifting to
renewable energy sources;
WHEREAS, Clearwater has already demonstrated its support for renewable, zero
emission energy sources by the development of Greenprint 2.0;
WHEREAS, in 2015, the Sierra Club launched the "Ready for 100" Program, which
promotes 100% Clean Energy in the United States by 2050;
WHEREAS, nine states, fourteen counties, and 180 cities, including Dunedin, Largo,
Safety Harbor, and St. Petersburg, have joined the Ready for 100 Program;
WHEREAS, five counties and forty-six cities have already achieved the (100% Clean
Energy) goals of the Ready for 100 Program; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is the goal and policy of the City that 100% of all electricity consumed in city
operations be Clean Energy by 2040.
The City Council directs the City Manager to incorporate the Clean Energy Targets into the
respective planning process of all departments. To that end, departments must update any
policy or processes necessary to meet the Clean Energy Targets.
Section 2. It is further the goal and policy of the City that 100% of all electricity consumed
citywide be Clean Energy by 2050.
The City Council directs the City Manager to work with residents, businesses, utility partners,
and community stakeholders to identify a collaborative approach for achieving the Clean Energy
Targets and set meaningful benchmarks and milestones between the Clean Energy Target
Years (2030, 2040, 2050).
Section 3. The City Council directs the City Manager to implement the Clean Energy
Targets with the Greenprint 2.0 Plan. The City Council further directs the City Manager to
update the City every two years on progress towards achieving the Clean Energy Targets,
beginning in Fiscal Year 2022.
Section 4. The city recognizes that the health and wellbeing of frontline communities
have suffered disproportionately from pollution resulting from fossil fuel generation and
distribution. Accordingly, the City Council directs the City Manager to build inclusive community
leadership and policy engagement; promote equity in accessing energy efficiency
improvements; generate sustainable economic opportunities and mitigate related losses; and
provide regional leadership to address equity in climate, energy, and related public health
issues.
Section 5. This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED this day 15th of December, 2022.
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
________________________ __________________________
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
READY FOR 100
Work Session Discussion
December 12th, 2022
TARGET ONE
It is the goal and policy of the
city of Clearwater that 100% of all
electricity consumed in city
operations be clean energy by
2040.
2022 RF100 Presentation 2
DUKE CLEAN ENERGY CONNECTION PROGRAM
2022 RF100 DISCUSSION 3
40% of total municipal electricity
consumption
30-year program
$4,688,618 anticipated total expense
reduction
ENERGY CONSERVATION PROGRAM
2022 RF100 DISCUSSION 4
5-year contract
5% reduction of total municipal electricity
consumption
$5,168,000 anticipated total expense reduction
ON-SITE SOLAR
2022 RF100 DISCUSSION 5
Potential 10-20% offset
Average solar array expected cost : $280,624
Average expected savings per array over 30
years: $1,174,529
The city would need to determine pathways to achieving an additional 35-45% reduction or offset for municipal operations.
ROUTINE REPAIR AND REPLACEMENT INVESTMENT IN UPGRADES
ENERGY CAPTURE MASTER PLAN IMPLEMENTATION
2022 RF100 DISCUSSION 6
7
50% reduction in carbon emissions by 2030
100% reduction in carbon emissions by 2050
DUKE’S CARBON
NEUTRAL GOAL
TARGET TWO
It is further the goal and policy of
the city of Clearwater that 100%of
all electricity consumed citywide
be clean energy by 2050.
2022 RF100 Presentation 8
RESOLUTION DIRECTIVES
2022
The City Council directs the city
manager to work with residents,
businesses, utility partners, and
community stakeholders to identify a
collaborative approach for achieving
the clean energy targets and to set
meaningful benchmarks and milestones
between the clean energy target years
(2030, 2040, 2050).
RF100 DISCUSSION 9
RESOLUTION DIRECTIVES
2022
The City Council directs the city
manager to implement the Clean Energy
Targets with the Greenprint 2.0 Plan.
The City Council further directs the city
manager to provide an update every two
years on progress toward achieving the
clean energy targets, beginning in
Fiscal Year 2022.
RF100 DISCUSSION 10
RESOLUTION DIRECTIVES
2022
The city recognizes that the health and
wellbeing of frontline communities have
suffered disproportionately from pollution,
resulting from fossil fuel generation and
distribution. Accordingly, the City Council
directs the city manager to build inclusive
community leadership and policy
engagement; promote equity in accessing
energy efficiency improvements; generate
sustainable economic opportunities and
mitigate related losses; and provide
regional leadership to address equity in
climate, energy and related public health
issues.
RF100 DISCUSSION 11
POSSIBLE FINANCIAL REQUIREMENTS
1
2
3
Staff
Time
Grant
Programs
Continued Non-profit
Support
2022 RF100 DISCUSSION 12
READY FOR 100
Work Session Discussion
December 12th, 2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1324
Agenda Date: 12/15/2022 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Approve a Venue License Agreement between the City of Clearwater and Ruth Eckerd Hall to
provide quality venue management services, ticketing services, and food and beverage
services at the waterfront amphitheater venue and authorize the appropriate officials to execute
same.
SUMMARY:
Page 1 City of Clearwater Printed on 12/14/2022
Venue License Agreement Page | 1
VENUE LICENSE AGREEMENT
This Venue License Agreement (this “Agreement”) is between the City of Clearwater,
Florida, a municipal corporation of the State of Florida (the “City”) and Ruth Eckerd Hall, Inc., a Florida not-for-profit corporation (“Licensee” and collectively with the City, the “Parties”). BACKGROUND
The City is the owner of Coachman Park, located at 301 Drew Street in downtown Clearwater, which the City is redeveloping to include a garden, playground, greenspace, and gateway plaza, a 4,000 seat covered, waterfront amphitheater venue with additional lawn seating for approximately 5,000 guests (the entirety of the Coachman Park complex, surrounding real
estate, parking areas, and improvements, the “Park”). The amphitheater, including covered
seats, stage, backstage, dressing rooms, lawn seating area, restrooms, and vendor areas, which areas are described and depicted on attached Exhibit A, but excluding those areas outside the blue and red fence perimeter depicted on Exhibit A, shall be referred to in this Agreement as the “Venue.” Licensee has the necessary experience in the business of providing entertainment
management services of a public venue. The City desires to license the Venue to the Licensee
and engage Licensee to provide quality venue management services for concerts and other events, including booking and scheduling services, production, marketing services, ticketing services and food and beverage services for the express purpose of enhancing the public use and enjoyment of the Venue.
NOW THEREFORE, in consideration of the mutual promise and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree as follows:
Article I. License of Venue
1.1 License. The City hereby grants to Licensee a license (the “License”), for the purposes set forth in this Agreement, to enter upon, use, occupy and exercise complete and
exclusive control of the Venue to use all rights of access to the Venue, and to utilize all City Assets
for each event. “City Assets” means the Venue and any furniture, fixtures, equipment, or assets supplied by the City, including, but not limited to stage, temporary stage, floor, sound system, lighting system, stage rigging, dressing area, stage equipment, barricade, seating, cabling, communications and information systems equipment, and all appurtenant items owned by the City
and located at the Venue. Notwithstanding the foregoing, the parties agree as follows: (a) at all
times the City remains the owner of the City Assets; and (b) no real property interest is conveyed to Licensee under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Licensee may perform maintenance and cleaning services at the Venue and on any City Assets, and any maintenance, improvements, or replacements to any City Assets shall be reimbursed by
the City upon request by the Licensee.
Article II. Appointment of Licensee and Duties
2.1 Engagement of Licensee. The City hereby engages the Licensee and authorizes it
to take sole, entire, exclusive charge of operating the Venue, and City hereby agrees that it will
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not engage or assign any rights to another entity for the operation of the Venue, in whole or in part, including but not limiting to operating and programming activities during the Term. The Licensee
hereby accepts the engagement and authorization and agrees to use its reasonable, good faith
efforts in light of market conditions and attendance patterns to secure, devise and promote live entertainment and special events appropriate to the operation of the Venue (such events, and any other events excluding City Events, the “Licensee Events”). Licensee will have sole administrative and operational control over all events and activities conducted at the Venue, and sole artistic
control over Licensee Events. In addition to Licensee’s own presentations, Licensee is responsible
for entering into agreements with third parties to use the facility and providing operational services for all parties using the facility, including the City. Events shall be produced and promoted in accordance with standard practices acceptable and common to the industry. Further, completion of construction of the Venue and turnover to the Licensee shall be a condition precedent to the
effectiveness of any Licensee obligations hereunder.
2.2 Duties of Licensee. Licensee, at Licensee’s cost, shall take such actions and perform such duties as Licensee deems necessary and desirable for the management and operation of the Venue, including, but not limited to the following:
(a) Brand Development. Licensee, at its own expense will engage a marketing firm to facilitate branding and positioning of the Venue. Deliverables include development of Venue name, logo, style guide, promotion plan and media campaign, to be mutually agreed upon by City and Licensee in their reasonable discretion. Licensee is responsible for selection of firm,
determination of services and expense of such services. Ownership of any deliverables will transfer
to the City at the end of the renewal term. (b) Marketing. The Licensee is responsible for advertising, marketing and promotion of the Licensee’s presentations at the Venue. Marketing services for events are
negotiated between the event organizer and Licensee, in Licensee’s sole discretion. Licensee will
coordinate with the City on inclusion of Venue activities in the City’s communications and promotional efforts, except when closed to the public or prohibited by the event organizer. Licensee reserves the right to promote its management of the Venue and events on the Licensee’s website, media channels, collateral and other public communications for the purposes of
institutional advertising, promotion, ticket sales and event services.
(c) Employment of Personnel. During the Term, the Licensee shall, at its sole cost and expense, select, train, schedule, and employ at the Venue such number of employees, as it deems necessary or appropriate to satisfy its responsibilities hereunder. Such employees shall
not be deemed to be employees of the City. The employees shall be subject to the sole direction of
the Licensee, who shall have authority to hire, terminate, discipline and discharge any and all personnel working for the Licensee at the Venue. (d) Event Bookings and Rentals. Licensee shall be solely responsible for Venue
calendar, scheduling, and event bookings. Licensee shall develop and maintain all schedules for
events held at the Venue, but the Licensee must produce a minimum of thirty-five (35) events per year, beginning in calendar year 2024, with no maximum. Each day of a performance hosted or arranged by the Licensee shall count as an “event” for purposes of this subsection. City Events
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shall not count toward the minimum number of events. The Parties understand and agree that Licensee shall be empowered to negotiate all agreements and set fee schedules in a manner deemed
by Licensee to be appropriate.
(e) Property Security for Events. During preparation, occurrence, and clean-up/tear down of any concert or live event at the Venue, Licensee may reasonably restrict access to the Venue to patrons and other persons authorized by Licensee. Licensee shall be responsible for
hiring and supervising on-site security and public safety personnel for the Venue during events
(“Onsite Security”). To the extent that City police, fire, and/or emergency medical personnel are required, the City Manager shall notify the Licensee of the staffing level required for each event within thirty (30) days of the Licensee providing actual notice to the City Manager of the upcoming event. With respect to rates, the rate paid to the shall be the City’s minimum “extra duty” or “off-
duty” rate established in the City’s collective bargaining agreements, if applicable; if a collective
bargaining agreement is silent as to rate, the rate shall be determined by the City Manager and communicated to the Licensee at the same time as the staffing level. The City and Licensee agree that staffing levels will vary based on expected attendance and activity, but the parties do not intend for City requirements to exceed customary levels or cost for venues of similar capacity.
The Licensee is strictly prohibited from holding any event at the Venue without first requesting a
security review by the City Manager or in violation of the City Manager’s security determination. (f) Cleaning for Events. The Licensee shall be responsible for providing and supervising all cleaning services to the Venue, except as otherwise provided in this Agreement.
(g) Food and Beverage Services. Licensee shall have the exclusive right to operate or contract for the operation of food and non-alcoholic beverage services, suite services (if any), concession services, vending services and the service and sale of alcoholic beverages, at all areas of the Venue. However, the Licensee shall be prohibited from serving alcoholic beverages
that compete with the Venue Sponsor’s beverage products. Licensee shall comply with and
observe all federal, state, and local laws, ordinances, and regulations as to sanitation, serving hours of alcohol, and the purity of food and beverages or otherwise relating to its operations. Any and all profit or loss derived by said food and beverage services will be property of Licensee for any events.
(h) Operational Services. Licensee shall direct all services required to stage (set-up and tear-down) the Venue for each event including, without limitation, services involving the stage area, event floor, sound system, lighting system, stage rigging, dressing area, stage equipment, loading in and loading out. Licensee shall hire and manage all management staff,
ticket sales personnel, ushers, and other personnel required for the operation of the Venue
including; but not limited to, ticket-taking, novelty sales, program distribution and assistance to patrons. Any expenses related to such services shall be borne by the Licensee with respect to any Licensee Events, except to the extent the Licensee determines to charge third parties for such expenses. Costs for such services will be borne by the City with respect to City Events as provided
in Licensee’s standard usage policy, which will apply to such City Events.
(i) Negotiate with Third Parties. Licensee may exclusively negotiate, execute, deliver and administer any and all licenses, occupancy agreements, rental agreements,
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booking commitments, catering and concession agreements, decorating agreements, supplier agreements, service contracts and all other contracts and agreements in connection with the
entertainment management, promotion and production at the Venue, all in a manner deemed by
the Licensee to be appropriate. (j) Parking Facility at the Venue. On days on which the Licensee is holding or managing an event, and on any single day preceding the day on which the Licensee will hold
or manage an event, the Licensee shall staff and control the parking lot on the north side of the
Venue and depicted on Exhibit A (the “Venue Parking Lot”), and the City shall permit use by patrons of the Venue and by the Licensee. During all other days and times, the Venue Parking Lot shall be controlled by the City, and neither the Licensee nor the Licensee’s patrons shall have any right of access unless expressly granted by the City. The City shall, in the exercise of
reasonable discretion, design and erect signage or other markers reasonably appropriate to
facilitate the enforcement of this subsection. (k) Pedestrian Safety and Traffic Control. Licensee will pay for public safety personnel needed on-site at the Venue for the safety of pedestrians entering and utilizing the
Venue. Licensee will work in good faith with City to maximize opportunities to alleviate
congestion through incentivizing patrons to arrive early, communicating best routes and parking options, and encouraging alternative transportation such as ride share, Jolley Trolley, water taxi, etc.
(l) Compliance with Laws. In the operation of the Venue, the Licensee shall
materially comply with all laws, ordinances, and regulations applicable to it with respect to operation of the Venue, including noise ordinances, as amended from time to time. (m) Program Sponsorships. Licensee shall negotiate, administer, and execute
in the Licensee’s name, all Program Sponsorships and shall be responsible for all expenses
associated with securing and servicing such Program Sponsorships. For purposes of this Agreement, “Program Sponsorships” means individual gifts, foundation grants, public grants, or other program-related and event-related donations for Licensee Events including but not limited to individual events, presentations, educational programs, community events (provided that they
do not constitute City Events), and event series. The Licensee shall notify the City Manager at
least thirty (30) days prior to agreeing or committing a Program Sponsorship to any corporate or business entity that has not previously been reviewed by the City Manager. The City Manager shall, in the exercise of reasonable discretion, review the proposed Program Sponsorship for two purposes: first, to determine whether the proposed Program Sponsor competes with any Venue
Sponsor with whom the City has an existing partnership or with whom the City is presently
negotiating; and second, to determine whether the proposed Program Sponsorship qualifies as governmental speech, and if so, whether the message associated with or from that Program Sponsor is incompatible with the values or message the City desires to convey at its Venue. The Licensee may, at its sole option, make this notification informally by telephone call to the City
Manager in lieu of written or electronic correspondence. If the City Manager finds that either
conflict exists, (s)he will veto the Proposed Sponsorship by notifying the Licensee within ten (10) days. The Licensee will decline to enter into any Program Sponsorship so vetoed. If the City
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Manager fails to respond or expressly veto the Proposed Sponsorship within ten (10) days, the Licensee may proceed with the Program Sponsorship, in the Licensee’s sole discretion.
(n) Ticketing and Customer Information. Licensee shall implement ticketing system of its choice that will serve as the exclusive ticketing system of Venue. Licensee is responsible for all revenues and expenses associated with ticketing system. Tickets will be available for sale through the Licensee’s regular sales channels and on-site on the day of an event.
Licensee may at its own discretion provide a temporary ticket booth and/or kiosks at the Venue.
Licensee shall determine service fees and any other ticket surcharges it wishes to and, except as otherwise set forth herein, all income and expense derived from such tickets and fees are property of Licensee. Event organizers may contract ticketing services according to Licensee’s fee schedule. For ticketed City Events, set-up fees will be waived with charges limited to labor and
credit card fees. Licensee is responsible and has sole custody of customer information including
but not limited to transactional history, phone numbers, email, and mailing addresses, in material compliance with the Licensee’s privacy policy and applicable law. (o) Maintenance. Licensee shall be responsible for maintenance of all assets
owned by the Licensee and shall keep such assets in good repair, normal wear and tear excepted,
and shall report any known issues related to the Venue or any other City Assets. Licensee shall, in consultation with the City, conduct periodic risk management inspections. If and to the extent that any maintenance or repairs are performed on the City Assets, for or on behalf of the City, such maintenance or repairs shall be performed in a good and workmanlike manner and in
material compliance with applicable laws. Any repairs made to City Assets for and on behalf of
the City, shall be reimbursed within thirty (30) days of written request to the City. (p) Rules. Licensee shall establish and enforce, in its sole discretion, rules to ensure health, safety, welfare and decorum in the use of the Venue consistent with industry
standards.
(q) Licensee Asset. The Licensee shall provide assets of the classes set forth on Exhibit B, and may provide certain other assets it deems necessary or convenient in the operation of the Venue (the “Licensee Assets”).
(r) Venue Management. Licensee retains exclusive use of the Venue and Licensee Assets and therefore, shall exclusively provide any food and beverage, operational, and ticketing services, for all events, including City Events, unless otherwise agreed by the Parties.
(s) Sustainability measures. The Licensee shall, in consultation with the
City’s sustainability coordinator or other designated City employee, and in the exercise of reasonable discretion, develop a sustainability plan to ensure that the Venue utilizes sustainable and environmentally friendly practices. The Licensee shall report its sustainability plan to the City Council at a public meeting within ninety (90) days of the effective date of this agreement.
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Article III. Responsibilities of City; City Events
3.1 Initial Construction of Venue. City shall be responsible, at its sole cost and expense,
for the designing, planning, permitting, and construction of the Park, and specifically the Venue and related improvements, which activities shall be conducted in good and workmanlike manner. The City shall make good faith efforts to ensure that the initial construction of the Venue takes place in a timely manner in order to ensure the ability of the Licensee to take possession with
sufficient time to install Licensee Assets prior to such date as provided in Section 3.2, below, and
conduct its first major concert, the date of which will be determined in good faith between the Licensee and the City. 3.2 Pre-Opening Access. City shall provide adequate time for Licensee to install
Licensee Assets. Licensee will provide City with an installation timeframe by April 1, 2023, and
shall provide temporary access for installation of Licensee Assets on a date mutually agreed by the parties, provided that such date shall be no later than June 10, 2023. It is understood that the City is responsible for content and cost of a grand opening event, scheduled for July 4, 2023. In keeping with Licensee’s exclusivity with respect to the Venue, the City shall use Licensee for
support services for the grand opening event, including but not limited to stage operations,
concessions, and other operational services. The City shall reimburse the Licensee for any labor, supply, and other out-of-pocket costs and expenses incurred by the Licensee in supporting the grand opening event.
3.3 Securing the Venue. The City shall take all reasonable and necessary actions to
secure the Venue, and all portions thereof including all restrooms, the stage, and the covered seating area, when not in use for events or preparation therefor. Such actions shall include, but not be limited to, locking doors, fencing, and otherwise restricting access to the public as necessary and/or reasonably requested by the Licensee to ensure the physical security of all City Assets and
Licensee Assets at the Venue.
3.4 Payments to Licensee. City covenants and agrees that it shall provide to Licensee such sums as it is required to pay to Licensee as required under Sections 3.5 and 3.11 of this agreement,
3.5 Venue Sponsorships and Associated Benefits. The City shall negotiate, administer, and execute in the City’s name, all Venue Sponsorships and Park Sponsorships. For purposes of this Agreement, “Venue Sponsorships” means sponsorships for naming rights for the Venue and any portion thereof, including suites, sections, concession areas, etc., pouring rights, and any other
sponsorship associated with the physical Venue and fixed infrastructure to the extent owned by
the City. The City shall engage a professional third-party sponsorship marketing entity to source such Venue Sponsorships and Park Sponsorships with proceeds remitted to the City. The City and any sponsors shall work in good faith with the Licensee in the negotiation, administration and execution of any Venue Sponsorships or Park Sponsorships. The benefits available to the Venue
Sponsor, and compensation owed to the Licensee, shall be governed by the following terms:
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(a) The Venue Sponsor shall receive ten (10) tickets to each Licensee event, for the Venue Sponsor’s sole use. These ten (10) tickets shall be located in the front section or highest
price section of Venue seating, as determined by the Licensee in the exercise of reasonable
discretion.
(b) In return for providing these tickets to the Venue Sponsor, the Licensee shall be compensated in an amount equaling the base printed value of each ticket, prior to or without considering or adding any surcharges, donations, or fees.
(c) In addition, each of these ten (10) tickets shall guarantee access at each
event to the Premium Area located adjacent to the stage, and depicted on Exhibit “D” of this agreement, unless the Licensee has rented the Premium Area for the exclusive use by one party or one legal entity. Each time the Licensee rents the Premium Area for the exclusive use by one party or one legal entity for a particular event, the Licensee shall promptly notify the City and the Venue
Sponsor.
(d) If the Venue Sponsor or Park Sponsor requests food and beverage or other services, the Licensee shall use best efforts to accommodate the request. To the extent that the request is accommodated, the Licensee shall be compensated at commercially reasonable rates.
(e) As to all compensation owed to the Licensee under this Section 3.5, the City
will either, depending on its contractual relationship with its sponsor, compensate the Licensee or
require the sponsor to compensate the Licensee. In either circumstance, the Licensee shall be compensated within sixty (60) days of providing a detailed invoice with pricing that aligns with the provisions of this Section 3.5.
(f) Subject to ticket availability, the Licensee shall afford the Venue Sponsor
an opportunity to purchase additional tickets, beyond the ten (10) tickets described in this section.
The timing of this opportunity shall coincide with a pre-sale period determined by the Licensee, in the exercise of reasonable discretion. Any additional tickets purchased by the Venue Sponsor pursuant to this provision shall be paid by the Venue Sponsor at full retail price, including any fees, surcharges, and taxes that would normally be assessed to any other retail purchaser.
3.6 Pedestrian Safety and Traffic Control. The City shall be responsible for any
personnel deemed necessary for pedestrian safety and traffic control in the areas surrounding the Venue, including Coachman Park and downtown Clearwater. 3.7 Parking. City will permit the Licensee to use and manage the Venue Parking Lot
and traffic accessing the backstage area at any time on a day in which an event being operated or
managed by the Licensee is being held at the Venue, along with the day immediately preceding the day of the event. In acknowledgment of contractual obligations with tours and certain artists, the City will allow Licensee to reserve and utilize, free of charge, that portion on the south side of the west end of Drew Street, between the entrances to the Coachman Park Fishing Pier and the
Waterfront Pier to accommodate, to park, secure, and provide power to tour buses and designated
vehicles. City agrees to work with Licensee to close certain portions of Drew Street to traffic on show days, and on other days upon reasonable request of the Licensee for activities in support of any events. However, any closure of Drew Street’s westbound lanes shall be accomplished in a
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way that maintains a vehicle movement lane to accommodate emergency ingress to and egress from nearby properties.
3.8 City Assets and Maintenance. (a) City shall supply and install all City Assets and any other equipment, furnishings and expendables required to operate the Venue other than the Licensee Assets;
provided that Licensee may supply or install certain equipment, furnishings, or expendables for
and on behalf of the City upon the City’s request and at the City’s sole cost and expense. (b) City shall be responsible for repair, replacement, or alteration of City Assets, including but not limited to conditions related to equipment or structure failure, change in
code requirements, recalls, fire safety, hurricane and emergency procedures, and conservation.
City shall be responsible for landscape maintenance of the Venue in conjunction with the Park. City shall also ensure adequate services to maintain Coachman Park, more broadly, as a first-class municipal park.
(c) The City shall pay for, perform, direct and supervise any capital equipment
and capital improvement purchases, repairs and maintenance to the extent provided by the City and will ensure any and all such repairs and maintenance obligations are performed in a good and workmanlike manner, in material compliance with applicable laws, and are performed on schedule and in a manner to ensure that the Venue remains a first-class Venue.
(d) The City has the right to enter all portions of the Venue to conduct inspections of its assets, perform its maintenance obligations, or otherwise carry out its rights under this Agreement; provided, however, that the City shall provide reasonable advance notice to the Licensee prior to entry upon the Venue and shall perform its obligations with minimal interference
with or disruption to any Licensee Events or the Licensee’s work under this Agreement, generally.
3.9 Signage. All permanent signage, including wayfinding signage, interior, exterior, and other permanent signs at the Venue and in Coachman Park shall be provided and maintained in good condition by the City. Notwithstanding the foregoing, the City shall work in collaboration
with and in good faith with the Licensee to design the signage for the Venue.
3.10 Maintenance Fund. The City shall, on or before the Commencement Date, establish and maintain a separate account from the City’s general fund of [$100,000.00], earmarked specifically and exclusively for the maintenance, repairs and replacement of City
Assets as needed at the Venue. The Maintenance Fund will be replenished by the ticket rebate
discussed in Section 5.1, below. 3.11 City Events. The City shall have the right to use the Venue, or any portion thereof, for governmental purposes hosted by the City or staffed by City personnel, without payment of
any rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar year
during the Term (such events, “City Events”). For any City Event occurring on or before July 1, 2024, the City shall provide at least one hundred and twenty (120) days’ notice to the Licensee prior to scheduling the City Event. For any City Event occurring after July 1, 2024, the City shall
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provide at least three hundred and sixty-five (365) days’ notice prior to scheduling the event. If the City provides proper notice, the City shall have the right to schedule the City Event on the
day(s) indicated, unless the Licensee has a letter of agreement arranging a guaranteed
performance, show, or event on that date. For the avoidance of doubt, a temporary “hold” shall not be considered a letter of agreement or scheduling conflict for purposes of this section. Any unused City Events shall expire at the end of each calendar year and shall not be subject to rolling forward to the next calendar year if unused. The City or organizer of the City Event shall use
Licensee for support services, including but not limited to stage operations, concessions, and
other operational services; provided, however, that the City shall not be obligated to use Licensee if the City Event does not require a professional event manager, as determined in the reasonable discretion of the City Manager. The City shall reimburse the Licensee for any hourly labor, supplies, catering, and other documented out of pocket costs and expenses incurred by the
Licensee in connection with a City Event, such reimbursement without markup or profit, and
which reimbursement shall be due and payable upon receipt of a reasonably detailed invoice from Licensee documenting each cost for which reimbursement is sought. The City shall act in good faith to avoid scheduling a City Event promoted by a person or entity that competes with the Licensee, unless agreed by the Licensee that such event would not be a conflict.
3.12 Additional Events. Licensee will reserve the traditional dates for Jazz Holiday festival on an annual basis, contingent upon mutually agreeable terms between Licensee and the event organizer. In addition, the Licensee will use reasonable efforts to work with other third parties to organize certain community events on mutually agreeable terms. Remuneration and
contracting for Jazz Holiday and these additional events shall be separately negotiated between
the Licensee and the entity hosting the event. Such events may, in the sole discretion of the Licensee, be subject to rental and/or usage fees, and shall not occur without an agreement acceptable to the Licensee. For the avoidance of doubt, the City shall not be responsible for any payment to Licensee in support of any such third-party events unless it expressly agrees
otherwise.
Article IV. Term 4.1 Term. Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the initial term of this Agreement shall begin on the date hereof and shall continue for
a period of five (5) years from the Commencement Date unless earlier terminated pursuant to the terms of this Agreement (the “Initial Term”). Provided that the Licensee is not then in default, the Agreement will automatically renew for four (4) successive five (5) year periods thereafter (each, a “Renewal Term,” and the Initial Term and all Renewal Terms, collectively, the “Term”) unless
written notice of election not to renew is given (a) if by the City, no less than twelve (12) months
prior to the expiration of the Initial Term or the then-current Renewal Term, as the case may be, or (b) if by the Licensee, no less than six (6) months prior to the expiration of the Initial Term or the then-current Renewal Term, as the case may be. For purposes hereof, the term “Commencement Date” means the date that the Licensee takes possession and control of the Venue
following completion of construction, which the parties intend to be on or before August 1, 2023.
4.2 Early Termination. This Agreement may be terminated early, consistent with the provisions listed below.
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(a) For Convenience. The City may terminate this Agreement on thirty (30)
days’ prior written notice for any reason upon approval of the Clearwater City Council at a duly
constituted City Council meeting. The City shall provide Licensee no less than thirty (30) calendar days’ written notice of the meeting of City Council to determine termination of the Agreement. The Licensee may terminate the Agreement upon six (6) months prior notice to the City for any reason or no reason. Notwithstanding anything to the contrary in this Agreement, in the event the
City terminates this Agreement for convenience, the City is prohibited from self-promoting or
entering into a booking agreement, entertainment management agreement, or any like agreement with an outside company to promote the events booked for the Venue by the Licensee prior to termination of this Agreement.
(b) For Cause. The non-defaulting party may terminate the Agreement upon
determination in good faith by the non-defaulting party that there was a material breach of the Agreement that remained uncured following notice and opportunity to cure as provided in the Terms and Conditions attached hereto as Exhibit C, and the termination will be deemed effective immediately, or upon such other date as specified in a notice of termination, provided that
termination shall have been approved by the Clearwater City Council at a duly constituted City
Council meeting following failure to cure such material breach by the Licensee, with written notice of such City Council meeting being provided to the Licensee no less than thirty (30) days prior thereto.
4.3 Surrender; Effect of Termination. Upon termination of this Agreement,
permission to use the City Assets, including the Venue, shall be revoked. Thereafter, the Licensee shall promptly vacate and surrender to the City the Venue and any City Assets contained therein. In any event, such surrender shall be complete thirty (30) days following effective date of termination.
(a) Licensee Assets. The Licensee shall remove any Licensee Assets it determines, in its sole discretion, to retain and make any repairs necessitated by such removal within the period set forth herein. Understanding that Licensee will continue to invest in and replace assets throughout the Term to maintain a first-class venue, upon termination or non-
renewal, City will purchase Licensee Assets that the Licensee determines to leave at the Venue
for the benefit of the City for the Asset Value. Licensee will submit a depreciation schedule of Licensee Assets to the City annually. The “Asset Value” for Licensee Assets, at separation, shall be determined as the undepreciated amount of original purchase price set forth on the most recent depreciation schedule, or if fully depreciated, will be $10.
(b) Expenses. Upon termination for any reason, City shall pay Licensee for any services performed prior to the effective date of such termination, and any costs and authorized expenses incurred through the effective date of such termination or necessitated by the termination.
(c) Event Cancellations. Upon termination by the City, and in addition to the above, the City shall reimburse the Licensee for any Non-Recoverable Event Expenses. For purposes hereof, “Non-Recoverable Event Expenses” means any costs or expenses incurred by
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the Licensee as a result of relocating or cancelling a Scheduled Event, including but not limited to forfeited deposits, penalties, marketing expenditures, and transaction fees. The term
“Scheduled Event” means an event scheduled to occur at the Venue during the notice period and
within eighteen (18) months of the effective date of termination for which the Licensee has sold tickets to patrons or entered into a written or oral agreement for the event. (d) Liquidated Damages. In light of the difficulties in estimating the damages
for an early termination of the Licensee under this Agreement without appropriate notice, the
City and the Licensee hereby agree that if the City terminates the Licensee for convenience with less than twelve (12) months’ prior written notice, then the following liquidated damages shall apply in addition to the provisions above, which liquidated damages the parties agree are reasonable and intended as just compensation and not as a penalty or method to secure
performance:
(i) Termination with less than six (6) months’ notice. If the City terminates this Agreement with less than six (6) months' notice, then the City shall pay the Licensee an amount equal to One Million Five Hundred Thousand Dollars
($1,500,000.00);
(ii) Termination with less than twelve (12) but equal to or more than six (6) months’ notice. If the City terminates this Agreement with less than twelve (12) months' notice, but equal to or greater than six (6) months' notice, then the City shall pay the
Licensee an amount equal to One Million Dollars ($1,000,000.00).
Article V. Compensation Matters 5.1 Ticketing; City Rebate. All revenue and/or expense derived from tickets and fees
are property of Licensee; provided, however, that the Licensee shall remit to the City a rebate
with dollar values dependent upon the ticket price, as follows, to be paid to City within thirty (30) days following the end of each calendar quarter during which the event actually occurs: (a) for tickets actually sold with a selling price of more than $10.00, the Licensee shall remit to the City a rebate of $5.00 per ticket sold, of which $4.00 shall be paid to the City’s general account, and
$1.00 shall be paid to the Maintenance Fund; (b) for tickets actually sold with a selling price of
$10.00 or less, the Licensee shall remit to the City a rebate of $2.00 per ticket sold, of which $1.00 shall be paid to the City’s general account, and $1.00 shall be paid to the Maintenance Fund; and (c) for free or complimentary tickets, excluding complimentary tickets provided to the City, the Licensee shall pay to the City $1.00 per such ticket, the entirety of which shall be paid
to the Maintenance Fund. For clarity, a rebate for a ticket is only payable to the City following
the actual occurrence of the event for which the ticket was sold, and notwithstanding anything to the contrary in this Section 5.1, no rebate whatsoever will be assessed or paid on any tickets that were sold but later refunded or subject to chargeback.
5.2 Profit Sharing. Provided that its operations from the Venue generates at least an
eight percent (8%) profit margin to the Licensee, the Licensee shall make an annual payment to the City, no later than one hundred twenty (120) days following the end of the prior calendar
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year, (the “Profit Share”), equal to twenty-five percent (25%) of the profits in excess of the 8% profit margin.
5.3 City Ticket Allocation. In consideration for use of the Venue, the City will receive six (6) tickets in the first five (5) rows of each event, plus six (6) additional tickets somewhere in the highest price level for each event, plus twelve (12) additional tickets in a section of the Licensee’s choosing. These twenty-four (24) tickets shall be separate from and in addition to the
tickets described in Section 3.5. Each ticket described in this Section 5.3 shall entitle the
individual holding the ticket to access the Premium Area depicted in Exhibit “D,” unless the Premium Area has been rented by the Licensee for the exclusive use of a single party or legal entity. The City will designate a liaison to the Venue for distribution of these tickets. The tickets shall be distributed by the City, in its sole discretion, in accordance with City policy as amended
from time to time. These tickets are provided to the City in exchange for the City’s use of the
Venue, and the City shall not be expected to purchase or separately remunerate the costs associated with these twenty-four (24) tickets. 5.4 Venue Sponsorships or Park Sponsorships. Any and all revenue and/or expense
derived from any Venue Sponsorships and Park Sponsorships will be property of the City, but
the City shall reimburse or arrange for reimbursement to the Licensee for any expenses incurred in servicing either of these sponsorships in the manner and to the extent provided in Section 3.5 of this Agreement.
5.5 City Information Rights. The Licensee will provide the City with a quarterly report
listing the aggregated number of tickets sold for all events held during the prior calendar quarter and the number of free tickets provided, and the number of tickets refunded and chargebacks suffered related to ticket sales during that prior quarter. In addition, the Licensee will meet with a designee of the City on at least an annual basis each January to discuss revenues and expenses
generated from the Venue. At the annual meeting, the Licensee shall allow the City to review
and inspect sufficient financial data from the previous calendar year to confirm the calculations and project anticipated revenue based on the distribution method contemplated by Sections 5.1 and 5.2 of this Agreement.
Article VI. Insurance
6.1 Survival; Limitations. The obligations of the Parties under Section 6 shall survive the expiration or termination of this Agreement. Other than as expressly set forth in this Agreement, neither Party shall be liable or responsible for any indirect, incidental, punitive or
special damages, whether based upon breach of contract or warranty, negligence, strict tort liability
or otherwise, and each Party’s liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the Party. 6.2 City Insurance Requirements. City shall be required to maintain, at its cost, property
insurance covering loss or damage to the City Assets, including the Venue, in an amount not less
than the full replacement value thereof, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the Venue is in a flood zone) special extended perils ("all risk", as such term is used in the insurance
Venue License Agreement Page | 13
industry). In addition, the City shall name the Licensee as an additional insured under its excess commercial general liability insurance policy if the excess carrier allows the City to name the
Licensee as an additional insured solely for the Venue any assets located therein.
6.3 Licensee Insurance Requirements. Licensee shall be required to maintain, at its cost, the following policies of insurance with the following limits, maintained with a carrier having an AM Best Rating of A-VII or better, with coverage on an occurrence basis or, if unavailable, on
a claims-made basis with a minimum three (3) year tail following termination or expiration of this
Agreement, and naming City as an additional insured on the policies. Copies of the insurance policies shall be provided to the City within thirty (30) days of the commencement of the Term and annually thereafter. The insurance limits set forth below may be achieved by a combination of primary and umbrella/excess liability policies. Such policies shall provide thirty (30) days’ written
notice to the City prior to any cancellation, nonrenewal, termination, material change, or reduction
in coverage, and shall be primary and non-contributory for Licensee’s negligence. (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 One Million Dollars and 00/100 ($1,000,000) per occurrence and Two Million Dollars and 00/100 ($2,000,000) general aggregate. (b) Commercial Automobile Liability Insurance coverage for any owned, non-
owned, hired or borrowed automobile is required in the minimum amount of One Million Dollars
and 00/100 ($1,000,000) combined single limit. (c) Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits
of Two Million Dollars and 00/100 ($2,000,000) per occurrence. If a claims-made form of
coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims-made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date no later than the
inception date of claims made coverage. (d) Crime and Employee Dishonesty Insurance coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third-party fidelity
coverage is also required to cover the acts of an employee against an employer's clients. Please
provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent.
(e) Workers’ Compensation Insurance and Employer’s Liability Insurance
with Workers’ Compensation limits in statutory amount, unless waived by the State of Florida and proof of waiver is provided to the City, and Employer’s Liability Insurance in the minimum amount of Five Hundred Thousand Dollars and 00/100 ($500,000) each employee each accident,
Venue License Agreement Page | 14
Five Hundred Thousand Dollars and 00/100 ($500,000) each employee by disease, and Five Hundred Thousand Dollars and 00/100 ($500,000) disease policy limit. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
Article VII. Damage or Destruction to Premises 7.1 Partial Damage. If all or a portion of the Venue are partially damaged by fire,
explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, or other
casualty, but not rendered uninhabitable, the same will be repaired with due diligence by City at its own cost and expense, subject to the limitations as hereinafter provided; if said damage is caused by the grossly negligent acts or omissions of the Licensee, its agents, officers, or employees, the Licensee shall be responsible for reimbursing City for the cost and expense, in
excess of the City’s insurance coverage, incurred in making such repairs.
7.2 Extensive Damage. If the damages as described above in "Partial Damage” are so extensive as to render the Venue or a portion thereof uninhabitable, but are capable of being repaired within a reasonable time not to exceed sixty (60) days, the same shall be repaired with
due diligence by City at its own cost and expense and a negotiated portion of the fees and charges
payable hereunder shall abate from the time of such damage until such time as the Venue is fully restored and certified as again ready for use; provided, however, that if such damage is caused by the grossly negligent acts or omissions of the Licensee, its agents, officers, or employees, the Licensee shall be responsible for the cost and expenses, in excess of insurance coverage, incurred
in making such repairs.
7.3 Complete Destruction. In the event all or a substantial portion of the VENUE are completely destroyed by fire, explosion, the elements, public enemy, acts of terrorism, or other casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more
than sixty (60) days, City shall be under no obligation to repair, replace or reconstruct said Venue,
no payments will be required of either party until such time as the said Venue are fully restored. If within three (3) months after the time of such damage or destruction said Venue have not been repaired or reconstructed, the Licensee may terminate this Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the said Venue, or a substantial
portion thereof, are completely destroyed as a result of the grossly negligent acts or omissions of
the Licensee, its agents, officers, or employees, City may, in its discretion, require the Licensee to repair and reconstruct the same within twelve (12) months of such destruction and the Licensee shall be responsible for reimbursing City for the cost and expenses incurred in making such repairs.
7.4 Limits of City’s Obligation Defined. In the application of the foregoing provisions, City may, but shall not be obligated to, repair or reconstruct the Venue. If the City chooses to do so, City’s obligation shall also be limited to repair or reconstruction of the Venue to the same extent and of equal quality as obtained by the Licensee at the commencement of the
Term. All redecoration and replacement of capital investment, including all City Assets shall be
the cost and responsibility of the City. The Licensee shall bear the cost of repair and replacement of any Licensee Assets except to the extent that the damage or destruction is caused by City’s gross negligence or more culpable action or omission.
Venue License Agreement Page | 15
Article VIII. Confidentiality
8.1 Confidentiality. The business of conducting and operating an entertainment venue that offers live entertainment to the public on a contract basis and/or on the rental of the Venue basis is a complex, multifaceted undertaking. The business itself, including the provision of services as well as the booking of entertainment is highly competitive between venues and between
the acts hired to perform. Negotiations are act specific and are affected by the choice of time of
the performance, the competition in markets where multiple venues exist, market conditions generally, relationships within the industry, etc. Each contract entered into with an act is different. Each contract negotiated with a service provider can be different than with any other venue. The Licensee has the responsibility for the negotiation of and the contracting for services and the
booking of acts into the Venue. This process includes a high degree of confidentiality if the Venue
is going to be successful. The means and methods of negotiation and selected terms of service contracts and booking contracts include information known only to certain employees of the Licensee, which information is closely guarded by the Licensee. This results in less expense and greater revenue to the Licensee, is information and know-how developed by the Licensee and its
employees over years of experience and would take significant time and expense for others to
duplicate. Accordingly, the Licensee shall maintain its trade secrets in the performance of its duties hereunder. Licensee shall identify any trade secrets in any communications with the City and shall communicate those to the City only as required. The parties acknowledge that the City must comply with the Public Records Law as to any records in the City’s possession or control. To the
extent that the City receives a request that may be eligible for protection or redaction as a trade
secret, the City will promptly notify Licensee of the request. The City Attorney’s Office will confer with the Licensee or Licensee’s legal counsel, but the parties recognize that the City must and will ultimately determine whether records in its possession are releasable under Florida law.
Article IX. Miscellaneous 9.1 Representations and Warranties. (a) City represents and warrants to the Licensee the following:
(i) All required approvals have been obtained, and City has full legal right, power and authority to enter into and perform its obligations hereunder; (ii) This Agreement has been duly executed and delivered by City and
constitutes a valid and binding obligation of City, enforceable in accordance with its terms, except
as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws affecting creditors’ rights generally or by general equitable principles; (iii) The execution and delivery of this Agreement will not violate or
cause a breach (with or without notice or the passage of time) under any agreement, law,
ordinance, or other obligation to which City is bound;
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(iv) There is no current, pending, or to the City’s knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is
a party, questioning the validity of this Agreement, the relationship between the City and the
Licensee, or which appear likely to materially adversely affect the City’s performance of its obligations under this Agreement; (v) City is the owner of the Park and the Venue;
(vi) City is financially capable to complete the construction of the Venue and redevelopment of the Park, more generally, and shall proceed with diligence to completion thereof;
(vii) Upon delivery to the Licensee, the Venue shall comply with all
laws, ordinances, orders, rules, regulations and other governmental requirements relating to the use, occupancy, and condition of the Venue for the purposes described herein, including, without limitation, the Americans with Disabilities Act and the certificate of occupancy;
(viii) All improvements in the Park, and specifically, the Venue, will be
constructed in a good and workmanlike manner, and said improvements and all other City Assets are and will be in good working order and condition, free from defects in workmanship and materials, and fit for the purposes for which they are provided; and
(ix) City understands and acknowledges the following:
(1) That the entertainment industry is extremely competitive and contains substantial risk and volatility;
(2) The Licensee is a nonprofit entity that operates other
venues in the area, including but not limited to Ruth Eckerd Hall and Bilheimer Capitol Theatre, and provides booking and production services at various locations throughout the Tampa Bay area; and
(3) That performers and entertainers, and not the Licensee,
oftentimes choose or dictate what cities and venues at which they will perform, and that there may be occasions where it is not economically feasible to schedule a performer into a venue the size of the Venue, and that during a certain season, a performer or entertainer may play at another venue managed by the Licensee.
(b) Licensee represents and warrants to City the following: (i) All required approvals have been obtained, and Licensee has full legal right, power and authority to enter into and perform its obligations hereunder;
(ii) This Agreement has been duly executed and delivered by Licensee and constitutes a valid and binding obligation by Licensee, enforceable in accordance with its
Venue License Agreement Page | 17
terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally or by general equitable principles; and
(iii) There is no current, pending, or to the Licensee’s knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is a party, questioning the validity of this Agreement, the relationship between the City and the Licensee, or which appear likely to materially adversely affect the Licensee’s performance of its
obligations under this Agreement.
9.2 Notice. All notices, requests, demands, claims, and other communications hereunder shall be in writing. Any notice, request, demand, claim or other communication hereunder shall be deemed duly given when delivered personally to the recipient on a
business day prior to 5:00 P.M. local time, otherwise on the next business day, faxed
or emailed to the intended recipient on a business day prior to 5:00 P.M. local time, otherwise on the next business day at the facsimile number or email address set forth therefor below (with electronic confirmation of receipt and hard copy to follow), or one business day after being sent to the recipient by reputable express courier service
(charges prepaid) and addressed to the intended recipient as set forth below:
If to City:
City of Clearwater
Parks Department 100 South Myrtle Avenue Clearwater, Florida 33756 Attention: James Halios
Email: jim.halios@myclearwater.com
With copy to (which shall not constitute notice):
City Attorney
600 Cleveland Street Clearwater, Florida 33755 Attention: David Margolis Email: david.margolis@myclearwater.com
If to Licensee:
Ruth Eckerd Hall, Inc.
1111 N. McMullen Booth Road Clearwater, FL 33759 Attn: Susan Crockett, CEO Email: s.crockett@rutheckerdhall.net
With copy to (which shall not constitute notice):
Macfarlane Ferguson & McMullen, P.A.
625 Court Street Clearwater, Florida 33756 Phone: 727-444-1403 Attention: Brian J. Aungst, Esq.
Email: bja@macfar.com
9.3 Order of Precedence. In the event of any conflict between this Agreement and any exhibits or other documents entered into in connection herewith, the provisions of this Agreement shall prevail. In addition, the parties acknowledge that the City intends to enter into a separate
brokerage agreement relating to Venue Sponsorships and pouring rights across the City, including
the Park and Venue. The parties intend for this Venue License Agreement to be fully compatible with any forthcoming agreement between the City and The Superlative Group, Inc. However, in
Venue License Agreement Page | 18
the event of a latent or patent ambiguity requiring resolution, this Venue License Agreement shall control.
9.4 Entire Agreement. This Agreement, the exhibits, and any documents executed in connection with this Agreement, constitute and express the entire agreement of the Parties hereto and no agreements, warranties, representations or covenants not herein expressed shall be binding upon the parties.
9.5 Captions. Captions appearing before sections and articles in this Agreement have been inserted solely for the purposes of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the section or articles to which they pertain.
9.6 No Partnership or Joint Venture. Nothing herein contained is intended or shall be construed in any way to create or establish the relationship of partners or a joint venture between City and Licensee.
9.7 Good Faith. It is agreed that both Parties shall perform their respective duties
under the terms of this Agreement in good faith. 9.8 Incorporation of Terms and Conditions. The terms and conditions set forth in Exhibit C are incorporated into this Agreement.
Venue License Agreement Page | 19
IN WITNESS WHEREOF, this Agreement has been executed by the Parties and is effective as of the ___ day of ____________________ 2022.
APPROVED BY CITY THIS __DAY OF ________________, 2022
Countersigned: ________________________________ FRANK HIBBARD, Mayor
Approved as to form:
_________________________________
DAVID MARGOLIS, City Attorney
CITY: THE CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State of Florida By: ____________________________________ Name: __________________________________
Title: ___________________________________
Attest:
__________________________________
ROSEMARIE CALL, as its City Clerk
LICENSEE: RUTH ECKERD HALL, INC., a Florida not-
for-profit corporation
By: _________________________________ Name: SUSAN CROCKETT Title: CEO
Venue License Agreement
Exhibit A Venue
Please see attached.
Venue License Agreement
Exhibit B Licensee Assets
Please see attached.
Venue License Agreement
Exhibit C Terms and Conditions
Please see attached.
Venue License Agreement
Exhibit D Premium Area
Please see attached.
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WWARTIMAGINE CLEARWATERSITE PLAN EXHIBIT2022-03-23 Scale: 1"=50'FENCE EXHIBIT2022-0614NORTH050'100'LEGEND 6' HT. DECORATIVE FENCE 4' HT. DECORATIVE FENCE
Preliminary Asset List (not finalized) rev 10.1.2022
Capital Inv Qty
839,990 STAGE/PRODUCTION EQUIPMENT
3 Phase Cam Locks ‐ Is infrastructure provided to support video walls
Bus Hook‐ups
Video Walls, IMAG REH 2
SpotLights REH 4
TV's REH 8
ClearCom REH 1
Live HD 4k Video Cameras REH 3
Additional Sound Equipment
SM58‐ Shure Handheld Vocal mic (not wireless) REH 2
Shure SLXD24D/SM58‐G58 dual wireless w/handheld transmitters REH 4
Shure KSM 137‐ Cardioid mic overheads & hat REH 1
DXR12‐ Yamaha loud speakers ‐stage wedges REH 4
Senn E609‐ Sennheiser mic for guitar amps REH 2
Shure Beta 52A‐ Drum mic REH 1
Shure Beta 87A‐ handheld Vocal mic REH 4
Midas M32 Console‐ preferred mixing console REH 2
Decibel monitoring equipment REH
673,588 FOOD & BEVERAGE EQUIPMENT
156,200 PATRON/FRONT OF HOUSE/SUSTAINABILITY
Seating City
Wayfinding Signage City
Listen Everywhere Wifi (ADA Hearing System) City
Mag Machines REH 12
Barricades REH 24
Projectors REH
Reusable Cup System (Turnsystems, rcup) REH
Solar Charging Station REH 2
Sustainable Waste Management (Covanta) REH
305,720 NETWORK/HARDWARE
Server for Internet 1
Server/Router/Switches (lumped in for one estimate) 1
Wifi access points (lumped in for one estimate) 1
Cabling`1
Server Rack With Power 2
Rack UPS Hotswap 1
Phone System 1
Laptops ‐ Manager, TD, Security, HM, Cust Svc 8
Laptop/Tablets ‐ Merch/Auction 2
F&B POS Hardware (Tablet, stand, case) 42
F&B POS Charging Station 2
Printers 3
BOCA Printers 2
Kiosks Ticketing 2
Kiosk Cash to Card 2
Scanners ‐ Zebra TC72 / TC75 18
340,000 OTHER FF&E
Video Surveillance System City
TBD ‐ Access Control / Alarm System
TBD ‐ Marquee
TBD ‐ VIP Furniture
TBD ‐Dressing Room Furniture
TBD ‐ Office Furniture
Radios/security and amp staff REH 50
Golf Carts (F&B, Prod, Security) REH 4
Privacy solution for short fencing REH
Storage Solution REH 1
Portable Merch Stand REH 1
Kubota RTV X110C REH 2
Kubota Lawn Sweeper Attachment REH 2
Kubota Yard Trailer REH 2
Kubota Street Sweeper Attachment REH 2
3500 Psi 4 GPM Pressure Washer/Sidewalk Attach REH 2
Misc Custodial Equip REH 1
200,000 START UP INVESTMENT
Branding & Launch Campaign, Opening Activities REH
REH
2,515,498 Total Investment
VENUE LICENSE AGREEMENT EXHIBIT C
STANDARD TERMS AND CONDITIONS
S.1 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Licensee to the City will be that of an independent contractor. Licensee and all persons
employed by Licensee, either directly or indirectly, are Licensee’s employees, not City employees. Accordingly, Licensee and Licensee’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. Licensee employees will not be regarded as City employees or agents for any purpose,
including the payment of unemployment or workers’ compensation. If any of Licensee employees or subcontractors assert a claim for wages or other employment benefits against the City, Licensee will defend, indemnify and hold harmless the City from all such claims.
S.2 SUBCONTRACTING. Licensee may subcontract work under this Agreement without the express written permission of the City, provided, however, that Licensee shall ensure that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Licensee and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
S.3 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any
assignment will relieve Licensee from any of its obligations and liabilities under the Agreement. S.4 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and
assigns. S.5 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.
S.6 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 Licensee.
S.7 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.8 COMPLIANCE WITH APPLICABLE LAWS.
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a) General. Licensee must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Licensee 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. Licensee bears full responsibility for training, safety, and providing necessary equipment for all Licensee personnel to achieve throughout the term of the Agreement. Upon request, Licensee will demonstrate to the City's satisfaction any programs, procedures, and other
activities used to ensure compliance. b) Drug-Free Workplace. Licensee 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. Licensee will require a drug-free workplace for all Licensee personnel working under this Agreement. Specifically, all Licensee personnel who are working under this Agreement must be notified in writing by Licensee that they are prohibited from the manufacture, distribution, dispensation, or unlawful possession or use of a controlled substance in the workplace. Licensee
agrees to ensure that Licensee personnel do not use or possess illegal drugs while in the course of performing their duties. c) Federal and State Immigration Laws. Licensee 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. Licensee will ensure and keep appropriate records to demonstrate that all Licensee personnel have a legal right to live and work in the United States.
(i) As applicable to Licensee, under this provision, Licensee hereby warrants to the City that Licensee will comply with and ensure each of its subcontractors are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees
(hereinafter “Licensee Immigration Warranty”).
(ii) A breach of the Licensee Immigration Warranty will constitute as a material breach of this Agreement and will subject Licensee 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 Licensee personnel who provide services under this Agreement to ensure that Licensee or its subcontractors are complying with the Licensee
Immigration Warranty. Licensee agrees to assist the City in regard to any
such inspections.
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(iv) The City may, at its sole discretion, conduct random verification of the employment records of Licensee and any subcontractor to ensure compliance with the Licensee Immigration Warranty. Licensee agrees to
assist the City in regard to any random verification performed. (v) Neither Licensee nor any subcontractor will be deemed to have materially breached the Licensee Immigration Warranty if Licensee 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. Licensee 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. Licensee and Licensee’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.9 SALES/USE TAX, OTHER TAXES. Licensee is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Licensee’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 Licensee or any Licensee employees an employee of the City, or should anyone otherwise claim
the City is liable for the payment of taxes that are Licensee’s responsibility under this
Agreement, Licensee will indemnify the City for any tax liability, interest, and penalties imposed upon the City. Both City and the Licensee are exempt from paying state and local sales/use taxes and certain federal taxes and will furnish an exemption certificate upon request.
S.10 AMOUNTS DUE THE CITY. Licensee must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Licensee may be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.11 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the Licensee executing this agreement agrees to comply with public records law. The Licensee’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 Licensee hereunder.
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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 Licensee 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 Licensee or keep and maintain public records
required by the public agency to perform the service. If the Licensee transfers all public records to the public agency upon completion of the contract, the Licensee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Licensee keeps and maintains public records upon completion of the contract, the Licensee 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 Licensee of the request and the Licensee must provide the records to the public
agency or allow the records to be inspected or copied within a reasonable time.
f) The Licensee hereby acknowledges and agrees that if the Licensee 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) If the Licensee fails to provide the public records to the public agency within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against the Licensee to compel production of public records
relating to a public agency’s contract for services, the court shall assess and award against the Licensee the reasonable costs of enforcement, including reasonable attorney fees, if:
1) The court determines that the Licensee unlawfully refused to comply with
the public records request within a reasonable time; and
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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 Licensee has not complied with the request, to the public agency
and to the Licensee. i) A notice complies with subparagraph (h)(2). if it is sent to the public agency’s custodian of public records and to the Licensee at the Licensee’s address listed on its contract with the public agency or to the Licensee’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. If the Licensee complies with a public records request within eight (8) business days after the notice is sent, it is not liable for the reasonable costs of enforcement.
S.12 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Licensee 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.13 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 Licensee’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) materially fails to carry out any term, promise, or condition of the Agreement. b) Licensee will be in default of this Agreement if Licensee 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.
d) Anticipatory Repudiation. Whenever the City in good faith has reason to question Licensee’s intent or ability to perform, the City may demand that Licensee give a written assurance of its intent and ability to perform. In the event
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that the demand is made and no written assurance is given within fifteen (15) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
S.14 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 upon determination in
good faith by the non-defaulting party that there was a material breach of the Agreement that remained uncured following notice and opportunity to cure as provided in section 14(c), above, and the termination will be deemed effective, if the non-defaulting party is the Licensee, immediately or upon such other date as specified in a notice of termination, and if the non-defaulting party is the City,
then on such date as is determined by the Clearwater City Council at a duly constituted City Council meeting following failure to cure such material breach by the Licensee, with written notice of such City Council meeting being provided to the Licensee no less than thirty (30) days prior thereto, and the termination will be effective immediately or at such other date as specified by the City Council.
b) The non-defaulting party may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of the defaulting party. If the costs of obtaining substitute services exceeds the contract price, the non-defaulting party may recover the excess costs
by: (i) requiring immediate reimbursement to the non-defaulting party; (ii) deduction from an unpaid balance due to defaulting party; (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.15 CONTINUATION DURING DISPUTES. The parties agree that during any dispute
between the parties, each will continue to perform its obligations until the dispute is settled, performance is enjoined or prohibited by judicial action, or the parties are otherwise required or obligated to cease performance by other provisions in this Agreement.
S.16 TERMINATION FOR CONVENIENCE. The City may terminate this Agreement on thirty (30) days’ written notice for any reason upon approval of the Clearwater City Council at a duly constituted City Council meeting. The City shall provide Licensee no
C-7
less than thirty (30) calendar days’ written notice of the meeting of City Council to determine termination of the Agreement. The Licensee may terminate the Agreement upon six (6) months prior notice to the City for any reason or no reason.
S.17 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 Licensee involved with the Venue. S.18 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Licensee will be entitled to payment for those services performed up to the date of termination, any authorized expenses already incurred up to such date of
termination, any costs incurred by the Licensee in connection with cancellation of any events and/or bookings as a result of the termination, the then-current fair market value of the capital expenditures made for the Venue by Licensee, and other items as described in Section 4.3 of the Agreement. The City will make final payment within thirty (30) calendar days after the City has received Licensee’s final invoice.
S.19 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.20 WARRANTY. Each party warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, each party warrants that all services will be
performed in a good, workman-like and professional manner. If any materials or services are of a substandard or unsatisfactory manner as determined by the other party, in good faith, the providing party, at no additional charge to the other, will provide materials or redo such services until in accordance with this Agreement and to the other party’s
reasonable satisfaction. Unless otherwise agreed, the City and Licensee warrant that
materials used 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.21 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Licensee will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution
or defense of suit and the execution of instruments of assignment in favor of the City in
obtaining recovery.
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S.22 USE OF NAME. Licensee 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.23 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.24 RISK OF LOSS. Except as otherwise provided in the Agreement, each party agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing any services, to the extent such party provides the services, and such loss, injury, or destruction will not release the party from any obligation hereunder.
S.25 SAFEGUARDING CITY PROPERTY. Except as otherwise provided in this Agreement, Licensee 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 Licensee or its employees to the extent that such damage is caused by gross
negligence of the Licensee or its employees. S.26 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the other to use the materials and services being provided to the other and that the party receiving materials or services may use same without suit, trouble or hindrance from
providing party or third parties. S.27 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, each party (the “Indemnifying Party”) will without limitation, at its expense defend the
other party (the “Indemnified Party”) against all claims asserted by any person that
anything provided by Indemnifying Party 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 Indemnified Party 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 Indemnified Party’s use or operation of the items provided by Indemnifying Party hereunder or any part thereof by reason of any alleged infringement, Indemnifying Party will, at its expense and without limitation, either: (a) modify the item so that it becomes
non-infringing; (b) procure for the Indemnified Party 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 Indemnified Party 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
Indemnified Party may incur to acquire substitute supplies or services.
S.28 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department.
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All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s).
S.29 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, hostilities (whether declared or not), invasion, riots, civil unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages
or slowdowns or other industrial disturbances, telecommunication breakdowns, power outages or shortages, inability or delay in obtaining supplies of adequate or suitable materials, fire, explosion, other catastrophe or disaster, including epidemics, 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.30 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 Licensee. 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.31 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.32 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.
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S.33 INTEGRATION CLAUSE. The 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.34 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.35 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.36 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.
1
Call, Rosemarie
From:Susan Crockett <s.crockett@rutheckerdhall.net>
Sent:Tuesday, December 13, 2022 7:11 PM
To:Jennings, Jon; Ravins, Jay; Halios, James; Koch, Kris; Brian J. Aungst Jr.; Call, Rosemarie
Cc:Margolis, David; Sarah Prout
Subject:RE: Financials Needed for Thursday Meeting
Attachments:Coachman Amp Projections 12.1.22.pdf
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Attached please find our projections and summary of financial assumptions. As I noted, the growth rate is based on
what is feasible but we realize there is sensitivity to the level of activity. We are flexible under the City’s direction for
future growth.
Thank you,
Susan
From: Jennings, Jon <Jon.Jennings@MyClearwater.com>
Sent: Tuesday, December 13, 2022 4:15 PM
To: Ravins, Jay <Jay.Ravins@myClearwater.com>; Halios, James <James.Halios@MyClearwater.com>; Koch, Kris
<kris.koch@MyClearwater.com>; Susan Crockett <s.crockett@rutheckerdhall.net>; Brian J. Aungst Jr.
<BJA@macfar.com>; Call, Rosemarie <Rosemarie.Call@myClearwater.com>
Cc: Margolis, David <David.Margolis@MyClearwater.com>
Subject: FW: Financials Needed for Thursday Meeting
EXTERNAL EMAIL WARNING: Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please see below from VM Beckman. She would like all of this before the meeting on Thursday. I am copying Susan
Crockett and Brian Aungst, Jr. as they may be able to provide some of this information.
Jon P. Jennings, ICMA-CM, MPA
City Manager
City of Clearwater
600 Cleveland Street, Suite 600
Clearwater, FL 33755
(727) 562-4040 Office
(727) 562-4052 Fax
Jon.jennings@myclearwater.com
www.myclearwater.com
2
From: Beckman, Kathleen <Kathleen.Beckman@MyClearwater.com>
Sent: Tuesday, December 13, 2022 3:58 PM
To: Jennings, Jon <Jon.Jennings@MyClearwater.com>
Subject: Financials Needed for Thursday Meeting
Hi Jon,
I appreciate receiving the Superlative document today regarding revenue projections for naming rights. Before
Thursday, I’d like a document that includes all financials the City expects related to the REH contract and operation of
Coachman Park (and if necessary a meeting to review it).
This would be in relation to Jay’s statements about REH assuming all risk, and our calculation that we would be
operating in a $2 million deficit if the City were operating the park. Jay communicated that even if REH could not
guarantee $2 million per year, we would be “losing less” because they are operating the venue.
I expect the document will show our costs related to the park -
Bond payment
Maintenance
Insurance
Staffing
Etc…
Expected subsidies for “Community Events”
Costs for “City Events”
And then the expected revenue streams from the park -
Naming rights/Superlative. (What would Jay put down on a sheet of paper for what the realistic expectations are per
year?) What assumptions are being made?
Any profit share from REH (expectations/projections per year)
Ticket revenue - (again - per year)
So basically a balance sheet - and it’s ok/appropriate if it projects out 3-5 years.
As of today, I don’t have this information. It is imperative that I have a basic understanding of the financials (in a
consolidated/summarized way) before I vote on this contract.
I understand that this is new territory - but what numbers are being used - based on your expertise/experience as we
are calculating expected revenue and expenses.
Thank you so much.
Kathleen Beckman (she/hers)
Clearwater Vice-Mayor
Vote by Mail, sign up now!
Call 727-464-8683, m-f 8-5, or
https://www.vote411.org/florida
“Life’s most persistent and urgent question is, ‘What are you doing for others?’” Dr. Martin Luther King, Jr.
Financial Summary
City Obligations:
• Delivery of Infrastructure in good working order
• FF&E as determined by city
• Maintenance of City’s major assets
• Reimburse REH for out-of-pocket costs for city events
• Reimburse REH for benefits provided to the City’s sponsors
• There is no stipulation for city subsidies for other groups using the facility
City Receives:
• $5 per paid ticket ($3 for tickets priced $10 and under)
• $1 per complimentary ticket issued
• Profit share of REH 75% / City 25% above 8% profit margin
• Use of facility for 12 city events at out-of-pocket cost
• 24 complimentary tickets to every event
• 10 premium seats for naming sponsor at cost
• Access to premium services for guests
• Proceeds from naming rights of city assets and pouring rights
Ruth Eckerd Hall Obligations:
• Assume 100% Risk with $2.8M in annual fixed costs (not including programming)
• Provide $2.5M in FF&E and start-up costs
• Provide a minimum of 35 events per year (excluding city events)
• Maintain cost-reasonable sustainability practices
• Maintain licensee’s assets
• Bear all daily operational costs including staffing, custodial, security, maintenance, etc.
• Carry Comprehensive Liability for the venue as designated on construction documents
Ruth Eckerd Hall Receives:
• Use of the facility
• Proceeds from any sponsorships related to REH programming
• Profit/Loss from operations, subject to profit-sharing agreement
Impact:
Ruth Eckerd Hall must net a minimum of $2.8M from programming to break even each year and does
not recoup its $2.5M investment for several years.
Projections based on an aggressive growth model will yield $1.1M to the City at the end of the first 12
months increasing to $2.2M by the end of Year 5.
According to St. John’s County 2016 study for a comparable venue (St. Aug Amp), the adjusted economic
impact in direct consumer spending translates to approx $32.4M in Year 1, increasing to $62.6M by the
end of Year 5. This does not include indirect impact such as tax increases, job creation, business and
investment attraction, etc.
Rate of growth will ultimately depend on community response and City’s direction.
Projections
Profit Margin Year 1 Year 2 Year 3 Year 4 Year 5
Fixed Costs 2,790,049 2,790,049 2,790,049 2,790,049 2,790,049
Operating Net (before share)345,316 1,516,224 2,669,897 3,065,309 3,495,141
Profit Margin (before share)2.7% 8.0% 10.9% 11.4% 11.9%
Revenue by Source Year 1 Year 2 Year 3 Year 4 Year 5
Programming 63% 64% 65% 65% 65%
Food and Beverage 24% 23% 23% 23% 23%
Ancillary Fees 10% 10% 10% 10% 10%
Rentals 1% 1% 1% 1% 1%
Sponsorships 2% 2% 1% 1% 1%
Expense by Category Year 1 Year 2 Year 3 Year 4 Year 5
Programming / Production 60% 65% 67% 68% 69%
Food and Beverage 15% 15% 16% 16% 16%
Rental Administration 2% 2% 2% 2% 2%
Sponsorships 1% 1% 1% 1% 1%
Wages & Benefits - Operations 5% 4% 3% 3% 3%
Occupancy Costs 4% 3% 3% 2% 2%
Office & Other 13% 10% 8% 7% 7%
Profit Margin by Event Type Year 1 Year 2 Year 3 Year 4 Year 5
Programming 21% 19% 20% 18% 18%
Food and Beverage 39% 40% 40% 40% 40%
Ancillary Fees 33% 34% 35% 35% 36%
Rentals 1% 1% 1% 1% 1%
Number of Events Year 1 Year 2 Year 3 Year 4 Year 5
REH Events - Reserved Seats 20 32 42 46 50
REH Events - Reserved and Lawn 10 14 18 20 22
Non-Ticketed Use 12 14 14 14 14
Ticketed Rentals 7 8 10 12 12
Total 49 68 84 92 98
Attendance/Reach Year 1 Year 2 Year 3 Year 4 Year 5
REH Events - Reserved Seats 60,000 96,000 126,000 138,000 150,000
REH Events - Reserved and Lawn 67,500 94,500 121,500 135,000 148,500
Non-Ticketed Use 42,000 49,000 49,000 49,000 49,000
Ticketed Rentals 21,000 21,000 21,000 21,000 21,000
Total 190,500 260,500 317,500 343,000 368,500
$4 per ticket 594,000 846,000 1,074,000 1,176,000 1,278,000
$1 per comp ticket 10,395 14,805 18,795 20,580 22,365
$1 per paid ticket for venue fund 148,500 211,500 268,500 294,000 319,500
$2 per paid ticket priced $10 and under
Naming Rights, to City 350,000 350,000 350,000 350,000 350,000
25% profit share over 8% profit margin - 178,945 226,205 284,290
Total Fees & Profit share to City 1,102,895 1,422,305 1,890,240 2,066,785 2,254,155
1
Call, Rosemarie
From:Trey Coker <JBC@macfar.com>
Sent:Friday, December 9, 2022 2:19 PM
To:Brian J. Aungst Jr.; Jennings, Jon; Margolis, David
Cc:Susan Crockett; Delk, Michael; Poirrier, Jennifer; Halios, James; Sarah Prout; Call,
Rosemarie
Subject:RE: REH agreement with City (proposed final draft attached)
Attachments:Redline Pages Only - Venue License Agreement (Amphitheater) (REH 12.9 v.1) vs (REH
12.9 v.2).pdf; Venue License Agreement (Amphitheater) (proposed final 12.9.22).docx
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good afternoon.
Please find attached (1) a clean version incorporating the items discussed with Jon and Susan earlier and addressing
some formatting issues, along with (2) a redline page only comparison against the version Brian delivered this morning.
Best,
Trey
Jack B. Coker III, Esq.
Macfarlane Ferguson & McMullen
P.O. Box 1531, Tampa, FL 33601
201 N. Franklin Street, Suite 2000, Tampa, FL 33602
O: (813) 273-4200 Ext 4308
E: JBC@macfar.com
W: www.mfmlegal.com
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From: Brian J. Aungst Jr. <BJA@macfar.com>
Sent: Friday, December 9, 2022 1:44 PM
To: Jennings, Jon <Jon.Jennings@MyClearwater.com>; Margolis, David <David.Margolis@MyClearwater.com>
Cc: Susan Crockett <s.crockett@rutheckerdhall.net>; Delk, Michael <michael.delk@MyClearwater.com>; Poirrier,
Jennifer <Jennifer.Poirrier@MyClearwater.com>; Halios, James <James.Halios@MyClearwater.com>; Trey Coker
2
<JBC@macfar.com>; Sarah Prout <s.prout@rutheckerdhall.net>; Call, Rosemarie <Rosemarie.Call@myClearwater.com>
Subject: Re: REH agreement with City (proposed final draft attached)
My pleasure and thank you Jon. I just spoke with Trey and he will be sending both a redline and clean version of the
revisions we discussed to Sections 3.11 and 3.12.
Thank you!
Brian
From: Jennings, Jon <Jon.Jennings@MyClearwater.com>
Sent: Friday, December 9, 2022 1:17:23 PM
To: Margolis, David <David.Margolis@MyClearwater.com>; Brian J. Aungst Jr. <BJA@macfar.com>
Cc: Susan Crockett <s.crockett@rutheckerdhall.net>; Delk, Michael <michael.delk@MyClearwater.com>; Poirrier,
Jennifer <Jennifer.Poirrier@MyClearwater.com>; Halios, James <James.Halios@MyClearwater.com>; Trey Coker
<JBC@macfar.com>; Sarah Prout <s.prout@rutheckerdhall.net>; Call, Rosemarie <Rosemarie.Call@myClearwater.com>
Subject: RE: REH agreement with City (proposed final draft attached)
Brian,
Thank you for working with me this afternoon to better understand and make modifications of what has been proposed.
I look forward to receiving your draft so we can finalize on our side.
Jon
Jon P. Jennings, ICMA-CM, MPA
City Manager
City of Clearwater
600 Cleveland Street, Suite 600
Clearwater, FL 33755
(727) 562-4040 Office
(727) 562-4052 Fax
Jon.jennings@myclearwater.com
www.myclearwater.com
From: Margolis, David <David.Margolis@MyClearwater.com>
Sent: Friday, December 9, 2022 11:09 AM
To: Brian J. Aungst Jr. <BJA@macfar.com>
Cc: Susan Crockett <s.crockett@rutheckerdhall.net>; Jennings, Jon <Jon.Jennings@MyClearwater.com>; Delk, Michael
<michael.delk@MyClearwater.com>; Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com>; Halios, James
<James.Halios@MyClearwater.com>; Trey Coker <JBC@macfar.com>; Sarah Prout <s.prout@rutheckerdhall.net>
Subject: RE: REH agreement with City (proposed final draft attached)
Jon,
3
I don’t know what conversation occurred between you and Susan last night, so please confirm whether Brian’s redline
and edited versions are acceptable? Brian’s version is reattached here for reference. If his version is acceptable, you’ll
need to ask Rose to either (1) republish the agenda with Brian’s version attached, keeping in mind that any republication
at this stage will purge any notes that Councilmembers have taken in Legistar, or (2) keep the current version on the
Monday’s work session agenda, and notify the Council on Monday that you intend to exchange the Monday version for
Brian’s version for the upcoming Thursday meeting.
David Margolis, B.C.S.
Board Certified in City, County, & Local Government
City Attorney
(727) 562-4010
From: Brian J. Aungst Jr. <BJA@macfar.com>
Sent: Friday, December 9, 2022 9:38 AM
To: Margolis, David <David.Margolis@MyClearwater.com>
Cc: Susan Crockett <s.crockett@rutheckerdhall.net>; Jennings, Jon <Jon.Jennings@MyClearwater.com>; Delk, Michael
<michael.delk@MyClearwater.com>; Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com>; Halios, James
<James.Halios@MyClearwater.com>; Trey Coker <JBC@macfar.com>; Sarah Prout <s.prout@rutheckerdhall.net>
Subject: RE: REH agreement with City (proposed final draft attached)
Importance: High
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Thank you for turning this around so quickly after our Wednesday meeting David. Please see attached my redline and
clean versions with two minor changes. Susan spoke with Jon last night to clarify Sections 3.5, 3.11, and to add a Section
3.12 regarding Community Events such as Jazz Holiday. We wanted to make it clear that Jazz is not a City Event that the
City would have the obligation of paying for. I believe these revisions were discussed between Susan and Jon last night.
Please note there is no substantive difference between my redline and clean versions but there are some formatting
differences, and we still need to clean up the formatting (basically the alignment of the paragraphs) for signature.
Please feel free to call me if there are any remaining issues or concerns.
Thank you,
Brian
From: Margolis, David <David.Margolis@MyClearwater.com>
Sent: Thursday, December 8, 2022 3:01 PM
To: Brian J. Aungst Jr. <BJA@macfar.com>
Cc: Susan Crockett <s.crockett@rutheckerdhall.net>; Jennings, Jon <Jon.Jennings@MyClearwater.com>; Delk, Michael
<michael.delk@MyClearwater.com>; Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com>; Halios, James
<James.Halios@MyClearwater.com>
Subject: REH agreement with City (proposed final draft attached)
Brian,
4
Attached to this email is the City’s proposed final draft. I believe this draft encapsulates all changes the parties have
discussed to date, including the changes discussed yesterday. Because these edits were made quickly, I will humbly
accept any corrections if I failed to capture or successfully memorialize our clients’ understanding of the relevant terms.
As I recently mentioned on the phone, and as Jon may have iterated to Susan by phone call today, we are hearing
concern from Councilmembers regarding the public accessibility of the Venue. These decisions are operational and
political, rather than legal issues, but I encourage you to consider ways to publicly assure our Council and the public that
the Venue will be (as described in your client’s RFP response) a community treasure for residents and businesses.
David Margolis, B.C.S.
Board Certified in City, County, & Local Government
City Attorney
(727) 562-4010
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-1323
Agenda Date: 12/15/2022 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Discuss City Manager Salary.
SUMMARY:
The performance evaluation discussion for the City Manager was conducted by City Council at
the November 16, 2022 council meeting.
The council discussion concerning salary is conducted at the subsequent meeting. At the
December 1, 2022 meeting, Council continued the discussion to the council meeting.
APPROPRIATION CODE AND AMOUNT:
For Fiscal Year 2022, a 4% increase has been budgeted, consistent with all SAMP employees.
Any increase above 3.5% would require a budget amendment using an appropriation from
general fund reserves.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/14/2022
2022
Population ACTUAL MATCH
HILLSBOROUGH CO 1,512,070 $288,080 Cnty Admin
PINELLAS CO 967,619 $292,282 Cnty Admin
ORANGE CO. 1,486,698 $285,646 Cnty Admin
TAMPA 394,809 $220,688 Chief of Staff
ST. PETERSBURG 282,020 $217,589 Deputy Mayor
ORLANDO 322,644 $255,466 Chief Admin Officer
TALLAHASSEE 198,758 $247,561 City Manager
GAINESVILLE 141,833 $255,400 City Manager
SARASOTA CO. 444,918 $234,374 Cnty Admin
LAKELAND 115,618 $203,840 City Manager
HOLLYWOOD 153,854 $285,418 City Manager
SARASOTA 59,117 $207,425 City Manager
AVERAGE $249,481
CLEARWATER $230,000
$ DIFF -$19,481
% DIFF -8.5
Data minus the County jurisdictions
Population ACTUAL MATCH
TAMPA 394,809 $220,688 Chief of Staff
ST. PETERSBURG 282,020 $217,589 Deputy Mayor
ORLANDO 322,644 $255,466 Chief Admin Officer
TALLAHASSEE 198,758 $247,561 City Manager
GAINESVILLE 141,833 $255,400 City Manager
LAKELAND 115,618 $203,840 City Manager
HOLLYWOOD 153,854 $285,418 City Manager
SARASOTA 59,117 $207,425 City Manager
AVERAGE $236,673
CLEARWATER $230,000
$ DIFF -$6,673
% DIFF -2.9
City Manager
City Manager
NOTES:
Average total figure does not include Clearwater's salary.
Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure and demographics.
These are agencies in which Clearwater's salary structures are measured and based against.
*strong Mayor structure
*strong Mayor structure
*strong Mayor structure
249,481
*strong Mayor structure
*strong Mayor structure
*strong Mayor structure
236,673
in size, structure and demographics.
Traditional Jurisdiction Matches
Population ACTUAL MATCH Population ACTUAL MATCH Difference
HILLSBOROUGH CO 1,471,968 $276,993 Cnty Admin HILLSBOROUGH CO 1,512,070 $288,080 Cnty Admin $11,087
PINELLAS CO 974,996 $275,517 Cnty Admin PINELLAS CO 967,619 $292,282 Cnty Admin $16,765
ORANGE CO. 1,393,452 $265,387 Cnty Admin ORANGE CO. 1,486,698 $285,646 Cnty Admin $20,259
TAMPA 399,700 $208,020 Chief of Staff *strong Mayor structure TAMPA 394,809 $220,688 Chief of Staff *strong Mayor structure $12,668
ST. PETERSBURG 265,351 $205,098 City Admin *strong Mayor structure ST. PETERSBURG 282,020 $217,589 Deputy Mayor *strong Mayor structure $12,491
ORLANDO 287,442 $236,192 Chief Admin Officer *strong Mayor structure ORLANDO 322,644 $255,466 Chief Admin Officer *strong Mayor structure $19,274
TALLAHASSEE 194,500 $236,900 City Manager TALLAHASSEE 198,758 $247,561 City Manager $10,661
GAINESVILLE 133,997 $255,000 City Manager GAINESVILLE 141,833 $255,400 City Manager $400
SARASOTA CO. 433,742 $200,844 Cnty Admin SARASOTA CO. 444,918 $234,374 Cnty Admin $33,530
LAKELAND 112,136 $214,271 City Manager LAKELAND 115,685 $203,840 City Manager -$10,431
HOLLYWOOD NEW FOR 2022 HOLLYWOOD 153,854 $285,418 City Manager
SARASOTA 58,285 $226,896 City Manager SARASOTA 59,117 $207,425 City Manager -$19,471
AVERAGE $236,465 231,278 AVERAGE $249,481 249,481 Avg. of Diff. $9,748
CLEARWATER $202,660 CLEARWATER $230,000
$ DIFF -$33,805 $ DIFF -$19,481
% DIFF -16.7 % DIFF -8.5
Data minus the County jurisdictions Data minus the County jurisdictions
Population ACTUAL MATCH Population ACTUAL MATCH Difference
TAMPA 399,700 $208,020 Chief of Staff *strong Mayor structure TAMPA 394,809 $220,688 Chief of Staff *strong Mayor structure $12,668
ST. PETERSBURG 265,351 $205,098 City Admin *strong Mayor structure ST. PETERSBURG 282,020 $217,589 Deputy Mayor *strong Mayor structure $12,491
ORLANDO 287,442 $236,192 Chief Admin Officer *strong Mayor structure ORLANDO 322,644 $255,466 Chief Admin Officer *strong Mayor structure $19,274
TALLAHASSEE 194,500 $236,900 City Manager TALLAHASSEE 198,758 $247,561 City Manager $10,661
GAINESVILLE 133,997 $255,000 City Manager GAINESVILLE 141,833 $255,400 City Manager $400
LAKELAND 112,136 $214,271 City Manager LAKELAND 115,685 $203,840 City Manager -$10,431
HOLLYWOOD NEW FOR 2022 HOLLYWOOD 153,854 $285,418 City Manager
SARASOTA 58,285 $226,896 City Manager SARASOTA 59,117 $207,425 City Manager -$19,471
AVERAGE $226,054 AVERAGE $236,673 236,673 Avg. of Diff. $3,656
CLEARWATER $202,660 CLEARWATER $230,000
$ DIFF -$23,394 $ DIFF -$6,673
% DIFF -11.5 % DIFF -2.9
Notes:
City of Tallahassee: Although not yet approved by the City Commission, we do anticipate a 5% pay increase next month.
City Manager
City Manager
City Manager
City Manager
NOTES:
Average total figure does not include Clearwater's salary.
Traditional Jurisdiction matches comprise of organizations that are in the City's public sector labor market and are of similar in size, structure
and demographics. These are agencies in which Clearwater's salary structures are measured and based against.
12/9/2022
Closest Jurisdiction Matches
POPULATION ACTUAL POPULATION ACTUAL
West Palm Beach 112,770 $195,000 West Palm Beach 112,770 $259,838 *strong Mayor structure
Miramar 165,152 contract out Miramar 165,132 $270,000 City of Miramar: Their City Attorney is contracted out, and is not on their staff/payroll.
Gainesville 141,833 $202,400 Gainesville 141,833 $255,400Coral Springs 137,054 $288,775 Coral Springs 137,054 $279,723
Miami Gardens 112,534 $236,697 Miami Gardens 112,534 $232,233
Palm Bay 122,942 $190,211 Palm Bay 122,942 $187,961
Pompano Beach 114,486 $267,422 Pompano Beach 114,486 $319,702
Lakeland 115,685 $190,000 Lakeland 115,685 $203,840
Hollywood 153,954 $242,798 Hollywood 153,954 $285,418
Miami Beach 81,912 $291,000 Miami Beach 81,912 $319,999
Average $233,811 Average $261,411
Clearwat $210,000 Clearwat $230,000
$ Diff -$23,811 $ Diff -$31,411
% Diff -11.3 % Diff -13.7
FTE COUNT (FT) ACTUAL FTE COUNT (FT) ACTUAL
Fort Lauderdale 2,000 $243,655 Fort Lauderdale 2,000 $275,000Brevard Co 3,500 $240,000 Brevard Co 3,500 $249,000
Lakeland 1,977 $190,000 Lakeland 1,977 $203,840
Manatee Co 2,000 $190,300 Manatee Co 2,000 $215,000
Miami Beach 1,900 $291,000 Miami Beach 1,900 $319,999
Osceola Co 1,271 $209,955 Osceola Co 1,271 $296,400
Cape Coral 1,513 $184,184 Cape Coral 1,513 $243,675
Seminole Co 1,400 $229,455 Seminole Co 1,400 $229,455 Seminole County: Their County Attorney is currently acting/interim County Manager as well. The previous County Manager's actual salary was $208,595.41.
Hollywood 1,340 $242,798 Hollywood 1,340 $285,418
Marion Co 1,678 $216,882 Marion Co 1,678 $214,594
Average $223,823 Average $253,238 AttnyClearwat
er $210,000 Clearwat
er $230,000 $223,823
$ Diff -$13,823 $ Diff -$23,238 $223,823
% Diff -6.6 % Diff -10.1
BY POPULATION: CLEARWATER - 119,214
City Attorney City Manager
BY FTE Count: CLEARWATER - 1911
City Attorney City Manager
salary discussionsTop 10 by categories 12/9/2022
Effective Date Annual Rate Change Percent Effective Date Annual Rate
Change
Percent
11/8/2019 $200,395.11 3.5 11/8/2019 $209,753.34 3.5
11/10/2018 $193,618.47 3.5 11/10/2018 $202,660.00 0
11/11/2017 $187,080.98 3 11/11/2017 $202,660.00 3
10/1/2016 $181,622.31 3 10/1/2016 $196,757.50 3
11/14/2015 $176,332.34 3 11/14/2015 $191,026.70 3
11/15/2014 $171,196.45 3 11/15/2014 $185,462.82 3
11/30/2013 $166,210.14 3.5 11/30/2013 $180,060.99 3.5
11/15/2012 $160,589.51 8 11/15/2012 $173,971.97 8
10/1/2011 $148,693.99 0 10/1/2011 $161,085.16 0
10/1/2010 $148,693.99 0 10/1/2010 $161,085.16 0
10/1/2009 $148,693.99 0 10/1/2009 $161,085.16 0
10/1/2008 $148,693.99 0 10/1/2008 $161,085.16 0
10/1/2007 $148,693.99 3.95 10/1/2007 $161,085.16 3.95
10/1/2006 $143,043.76 4 10/1/2006 $154,964.08 4
10/1/2005 $137,542.08 7 10/1/2005 $149,003.92 7
10/1/2004 $128,544.00 3 10/1/2004 $139,256.00 3
10/1/2003 $124,800.00 4 10/1/2003 $135,200.00 4
10/1/2002 $120,000.00 0.046 8/2/2002 $130,000.00 8.333
10/1/2002 $119,945.00 4.3 8/2/2001 $120,000.00 20
10/1/2001 $115,000.00 8.559
10/1/2000 $105,933.45 8
10/1/1998 $98,086.53 8
10/3/1994 $90,820.86
City Attorney City Manager