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05/18/2023
Thursday, May 18, 2023 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 May 18, 2023City 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. All comments received by 5:00 p.m. the day before the meeting (May 17) will become part of the official 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 (May 17) will become part of the official 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 May Service Awards 4.2 FLM Essay Contest Winner - Scott Dudley, Executive Director Florida League of Mayors 4.3 National Safe Boating Week Proclamation - May 20-26, 2023 4.4 National Homeownership Month June 2023 - Economic Development and Housing: Denise Sanderson, Director; Terry Malcolm-Smith, Sr. Housing Coordinator; Dania Perez, Housing Coordinator 4.5 EMS Week 2023 Proclamation - Division Chief of EMS Anthony Tedesco Page 2 City of Clearwater Printed on 5/16/2023 May 18, 2023City Council Meeting Agenda 4.6 ICMA/FCCMA Council Manager YOS Presentation (CMO) - Kimberly A. Nicholls 4.7 Tampa Bay Cares Presentation - Micki Thompson, President/CEO, 211 Tampa Bay Cares 5. Approval of Minutes 5.1 Approve the minutes of the May 4, 2023 city council meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda 7.1 Approve First Amendment to Services Agreement with Pinellas Community Foundation (PCF) and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Third Amendment to License Agreement between the City of Clearwater and Pinellas County for period of August 1, 2023 through July 31, 2028 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of playground equipment in the total amount of $451,549.93, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 7.4 Approve Professional Services Proposal (RFP 31-23) rankings of the review committee for Negotiation Services between the City and Philadelphia Phillies Major League Baseball Team and authorize appropriate officials to execute same. (consent) 7.5 Approve a professional services agreement and work order with Siebein Associates, Inc., of Gainesville, Florida, per Request for Proposal (RFP) 13-23, for a qualified sound consultant, in the amount of $153,183 and authorize the appropriate officials to execute same. (consent) 7.6 Approve a purchase order to Econolite Systems, Inc. of Anaheim, CA, for an Advance Traffic Management System (ATMS), 23-0018-EN, in the amount of $500,750, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchase, and authorize the appropriate officials to execute same. (consent) 7.7 Award a construction contract to Rowland Inc. of Pinellas Park, FL for Reclaimed Water Piping Improvements in the amount of $7,527,886.47 pursuant to Invitation to Bid (ITB) 21-0029-UT and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 5/16/2023 May 18, 2023City Council Meeting Agenda 7.8 Authorize a purchase order to EWT Holdings III Corp., dba Evoqua Water Technologies LLC (Evoqua), of Sarasota, FL, for odor and corrosion control to include preventative maintenance services, bulk chemicals (Catalyzed Iron (Odophos) and hydrogen peroxide) and a monthly tank rental fee in the not-to-exceed amount of $225,000.00, for the term May 22, 2023 through May 13, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Other Government Entities’ Bids, and Section 2.563, (1)(d) impractical, and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a purchase order to Applied Drilling Engineering, Inc. of Tampa, FL for well maintenance, evaluation and MIT services for a cumulative annual not-to-exceed amount of $941,437.00 for the period of May 19, 2023, to May 18, 2024, with the option for two, one-year renewals at the City’s discretion pursuant to Invitation to Bid (ITB) 15-23 and authorize the appropriate officials to execute same. (consent) 7.10 Authorize an increase on purchase orders to WM Recycle America, LLC (WM/RA) and Waste Connections of Florida, Inc., for the processing of municipal single stream recycling commodity at the contractors’ Materials Recovery Facilities in a cumulative not to exceed amount of $400,000, bringing the total amount to $800,000 pursuant to Clearwater Code of Ordinances, Section 2.563(1)(d), non-competitive purchase (Impractical), and authorize the appropriate officials to execute same. (consent) 8. City Manager Reports 8.1 Approve the Joint Participation Agreement (JPA) G2H99 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), to replace golf cart with a new golf cart at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-06. 8.2 Approve the Joint Participation Agreement (JPA) G2I04 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Design of Terminal and FBO Building at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-07. 8.3 Approve the Joint Participation Agreement (JPA) G2H31 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Re-mill and Overlay of asphalt on portions of the Apron at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-08. 9. City Attorney Reports 10. Closing comments by Councilmembers (limited to 3 minutes) 11. Closing Comments by Mayor Page 4 City of Clearwater Printed on 5/16/2023 May 18, 2023City Council Meeting Agenda 12. Adjourn Page 5 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0294 Agenda Date: 5/18/2023 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: May Service Awards SUMMARY: 5 Years of Service Sean Ford Public Works Stephany Ogradney Police George Solakian Police Kevin McCann Police Darold Cook Police Robert Chiavaroli General Services Ural Robinson Parks & Recreation Travis Rackard Public Utilities Logan Weinzierl Fire 10 Years of Service Kyle Aldrich Public Works Michael McGlockton Public Utilities 20 Years of Service Erik Soderlund Public Works Robert Ramos Fire Scott Pettay Fire Dennis Cason Fire Kayla Grant Fire Bryan Karnes Police Laurie Sullivan Library Gary Martinez Police Shante Dean Police Page 1 City of Clearwater Printed on 5/16/2023 File Number: ID#23-0294 25 Years of Service LaDrea Young Police Carol McAnally Police William Karner Finance/Utility Customer Service Gray Joyce Fire Matthew Burmood Fire Lucas Semple Fire Page 2 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0430 Agenda Date: 5/18/2023 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: 4.2 SUBJECT/RECOMMENDATION: FLM Essay Contest Winner - Scott Dudley, Executive Director Florida League of Mayors SUMMARY: Page 1 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0520 Agenda Date: 5/18/2023 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: 4.3 SUBJECT/RECOMMENDATION: National Safe Boating Week Proclamation - May 20-26, 2023 SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0531 Agenda Date: 5/18/2023 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: 4.4 SUBJECT/RECOMMENDATION: National Homeownership Month June 2023 - Economic Development and Housing: Denise Sanderson, Director; Terry Malcolm-Smith, Sr. Housing Coordinator; Dania Perez, Housing Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0269 Agenda Date: 5/18/2023 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: 4.5 SUBJECT/RECOMMENDATION: EMS Week 2023 Proclamation - Division Chief of EMS Anthony Tedesco SUMMARY: Page 1 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0421 Agenda Date: 5/18/2023 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: 4.6 SUBJECT/RECOMMENDATION: ICMA/FCCMA Council Manager YOS Presentation (CMO) - Kimberly A. Nicholls SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/16/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0602 Agenda Date: 5/18/2023 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: 4.7 SUBJECT/RECOMMENDATION: Tampa Bay Cares Presentation - Micki Thompson, President/CEO, 211 Tampa Bay Cares SUMMARY: Page 1 City of Clearwater Printed on 5/16/2023 211 Tampa Bay Cares Improving Lives Through the Power of Information and Hope 211 TBC Overview ●Private Non-Profit Organization -501 (c)3 ●85 Employees ●Clearwater, Florida -We’re Moving in April! ●National Accreditations: ○Alliance of Information & Referral Services (AIRS) ○American Association of Suicidology (AAS) ●National/Statewide 211 & 988 Networks ●Helpline (Now 211) has been serving our community for 50+ Yrs. 2 Funders 3 211 & 988 4 211 TBC Other Services Specialized I&R/Screening/Crisis Helplines ●Sexual Assault Helpline: 727-530-7273 ●Volunteer Income Tax Assistance (VITA) Helpline -833-897-8482 ●Supportive Services for Veteran Families (SSVF) Helpline: 844- 455-SSVF Dispatch ●Sexual Assault Helpline -SAVE Exams 211 TBC Other Services Disaster Services ●A central hub of community information following community disasters. ●211 TBC is included in the Pinellas County Emergency Management Plan to provide emergency support to local residents. 211 TBC Other Services Care Coordination & Follow Up ●Florida Veteran Peer Support: 800-693-5838 ●First Responder Peer Support: 866-435-4376 ●Homeless Helpline: 211 ●Family Caregiver Support: 211 -Coming March 2023 211 TBC Other Services Senior Services ●Senior Mental Wellness & Crisis Response Outreach Team ●Senior Services Directory 40 pgs.-Online or Hard Copy Contact Kipc@211tampabay.org or call 727-453-0003 to request copies 211 TBC Other Services Financial Assistance -$1.2 Million FY21-22 ●Served over 500 individual/family households ●Adult Emergency Financial Assistance (AEFP) ●United Way Suncoast Last Resort Fund -Publix ●United Way Suncoast RISE Eviction Fund ●Hope Fund -Duke Energy ●Eviction Fund -Community Law Program -Fiscal Administrator ●Pinellas County Rapid Rehousing Collaborative -Fiscal Administrator 10 ●211 provides individuals and families in need with a shortcut through what can be a bewildering maze of health and human service agency phone numbers. By simply dialing 211, those in need of assistance can be referred, and sometimes connected, to appropriate agencies and community organizations. ●Dialing 211 helps direct callers to services for, among others, the elderly, the disabled, those who do not speak English, those with a personal crisis, those with limited reading skills, and those who are new to their communities. 211 Information and Referrals Types of Referrals Offered by 211 ●Basic Human Needs Resources –including food and clothing banks, shelters, rent assistance, and utility assistance. ●Physical and Mental Health Resources –including health insurance programs, Medicaid and Medicare, maternal health resources, health insurance programs for children, medical information lines, crisis intervention services, support groups, counseling, and drug and alcohol intervention and rehabilitation. ●Work Support –including financial assistance, job training, transportation assistance and education programs. ●Access to Services in Non-English Languages -including language translation and interpretation services to help non-English-speaking people find public resources (Foreign language services vary by location.) ●Support for Older Americans and Persons with Disabilities –including adult day care, community meals, respite care, home health care, transportation and homemaker services. ●Children, Youth and Family Support –including child care, after-school programs, educational programs for low- income families, family resource centers, summer camps and recreation programs, mentoring, tutoring and protective services. 211 Information and Referrals 211 Fast Facts ●Regional 211 provider -2 Counties -Pinellas, Hernando ●Free, confidential, 24/7 ●Approximately 3,200 calls/month; 1,000 texts/month ●Available via phone call -Dial 211 ●Available to Text -Text 898211 & put zip code in message area ●Available in multiple languages ●Database of over 3000+ programs and services ●Available to 99% of the US population 13 National 211 Map 14 15 ●The 988 Suicide & Crisis Lifeline (formerly known as the National Suicide Prevention Lifeline -800-273-TALK) offers 24/7 call, text and chat access to trained crisis counselors who can help people experiencing suicidal, substance use, and/or mental health crisis, or any other kind of emotional distress. People can also dial 988 if they are worried about a loved one who may need crisis support. ●SOFT LAUNCH -July 16, 2023 ●National & State Promotion -Spring 2023 988 Suicide & Crisis Line 988 Fast Facts ●Regional 988 provider -10 Counties -Pinellas, Hernando, Pasco, Manatee, Sarasota, DeSoto, Lee, Hendry, Glades, Back Up for Hillsborough ●National 988 Text/Online Backup Center ●Approximately 1,600 calls/month; 2,880 texts/month ●Free, confidential, anonymous, 24/7 ●Available via phone call -Dial 988; Available to Text -Text 988 ●Available Via Online Chat -www.988lifeline.org ●Available to over 100% of the US population ●Visit www.988lifeline.org for more information www.988lifeline.org Connect with 211 or 988? Crisis Line & Emotional SupportCommunity Information & Referrals to Available Local Services Website: 211tampabay.org 20 https://211tampabay.211counts.org/21 211 Counts For More Information: Micki Thompson President/CEO 211 Tampa Bay Cares mickit@211tampabay.org Thank you! City of Clearwater https:// 211tampabay. 211counts. org/ tial heti r0 2- 1- 1 counts 2- 1- 1 Tampa Bay Cares, Inc. 33755 , 33755 , 33756 33... display Top service requests May 18, 2022 to May 17, 2023 TOP REQUEST CATEGORIES Display as # PERCENT 0 COUNT LAST 365 DAYS Housing & Shelter 7, 731 Food , a. a 73 Utilities , 29 • 97 Healthcare & COVID- 19 ,-', b 1746 Mental Health & Addictions 11736 Employment & Income 11, 133 Clothing & Household _' o ' 444 Child Care & Parenting 1104 Government & Legal Q9 ' 467 Transportation Assistance l 2617 Educationr° p 164 Disaster ° R, 1152 Other Total for top requests ; 2' TOTAL REQUESTS FOR YOUR FILTERS 21, 701 TOP HOUSING & SHELTER REQUESTS Shelters Low- cost housing 2, 047'. 1 211 7 1181 Home repair/ maintenance 99, 56 Rent assistance Rs, Mortgage assistance a, 2; 180 Landlord/ tenant issues ' 254 Contacts P4, 61 Other housing & shelter ;' 160 0 = No requests made Not Available = data not collected Some requests are only computed el the category level S4° V. ; SO ) Requests by ZIP Code Housing & Shelter 133755 , 33755 , 33756 , 33759 , 33760 33761 , 33762 , 33763 , 33764 , 33765 DP God 33761 Requests 279 Adult Population 15. 000 - 19. 999 TOP 10: Highest rates of requests for Housing & Shelter by ZIP Code Cie; 3111 33712 33705 33711 33760 33701 33714 33765 33716 Request by time Housing & Shelter requests In the last year and prior year LOW' About us ( About the data Contact1111 O OCT NOV DEC JAN FEB MAR APR nau. ilh,,,. It 1 t 1 1% 1t N k t\ A N, rR e h r, c; in ! , t,, CHAR! TA IDLE TRUST Pinellas County Adult Emergency Financial Assistance Program Available to qualifying adults who need a helping hand during unexpected financial hardships. Qualifying Instances: Past due rent to avoid eviction Emergency mortgage assistance to reduce the risk of foreclosure Utility assistance to prevent unhealthy living conditions or eviction Emergency transportation assistance for work or medical appointments Work-related expenses that cause unexpected financial hardship Eligibility: 18 years of age or older, or legally emancipated youth Without minor children in household Qualifying emergency need Income at 200% of the Federal Poverty Level or below: 27,180 annually or 2,265 monthly for a one-person household Pinellas Count4 Pinellas County Human Services 727) 464-4200 Call 2-1-1 from any phone in Pinellas County or call (727) 210-4211 to determine qualifications. 2-1-1 is available 24 hours each day. The Financial Assistance Program processes requests between 7:30 a.m. to 6:00 p.m., Monday through Friday. The 2-1-1 fax number is (727) 255-5156. DIAL 211 from any phone or TEXT your zip code to 898211 L Get Connected. Get HeIp.TM 211 Tampa Bay Cares, Inc. www.211tampabay.org Phone screenings take place: Monday through Friday between 7:30 a.m. to 6 p.m. Documentation Required: Proof of income Proof of U. S. citizenship Evidence of qualified need Proof of Pinellas County residency (two required) Proof of assets for requests over $1,000 Pinellas County complies with the Americans with Disabilities Act. To obtain accessible formats of this document, please call (727) 464-4062 (V/TDD). 03/2022 Programa de Ayuda Financiera para Adultos del Condado Pinellas Disponible para adultos que califiquen y que necesiten ayuda en momentos de dificultades financieras inesperadas. Ejemplos: Pago de renta atrasada para evitar el desalojo Ayuda de emergencia para pagar la hipoteca para evitar ejecucion hipotecaria Ayuda para el pago de los servicios publicos para evitar condiciones que no son sanas o el desahucio Ayuda de emergencia para transporte para citas medicas o de trabajo Gastos relacionados con el trabajo que causen dificultades financieras inesperadas Elegibilidad: 18 anos de edad o mas, o jovenes legalmente emancipados No hay menores de edad en su hogar Tener una necesidad de emergencia calificada lngresos al 200% del Nivel de Pobreza Federal o inferior 27,180 anual, o 2,265 mensuales para un hogar de una persona Pinellas l Pinellas County Human Services 727) 464-4200 Llame al 2-1-1 desde cualquier telefono en el Condado Pinellas o (lame al (727) 210-4211 para determiner si califica. El 2-1-1 este disponible las 24 horas todos los digs. El Programa de Asistencia Financiera procesa solicitudes de 7:30 a.m. a 6:00 p.m., de lunes a viernes. El numero de fax del 2-1-1 es (727) 255-5156. Marque 211 desde cualquier telefono O envie mensaje de texto con su codigo postal al 898211 Comuniquese. Reciba Ayuda.TM 211 Tampa Bay Cares, Inc. www.211tampabay.org Entrevistas telefonicas: de lunes a viernes de 7:30 a.m. a 6 p.m. Documentos necesarios: Prueba de ingresos Prueba de ciudadania de los EE.UU. Evidencia de necesidad cualificada Prueba de residencia en el Condado Pinellas necesita dos) Prueba de bienes para solicitudes de mas de $1,000 EI Condado Pinellas cumple con la Ley de Estadounidenses con Discapacidades. Para obtener este documento en otros formatos, por favor (lame al (727) 464-4062 (V/TDD). 2/2022 Helping Children Cope with Stress STRESS can affect anyone—even a child—who feels overwhelmed. Stress comes from the demands placed on a person and his or her ability (or perceived ability) to meet them. Childhood stress comes from outside sources (family, friends, school, illness, death of loved ones, divorce, and disas- ters) and from within (pressures children place on themselves). What are the signs my child is feeling stress? Mood swings Acting out Changes in sleep patterns Bedwetting Stomachaches Headaches Nightmares Separation anxiety Overreactions to problems Drastic changes in academic performance Refusal to participate in activities Trouble concentrating Problems completing schoolwork Withdrawal Regression (common in younger children; may include thumb sucking, hair twirling) Lying, bullying, and defiance of authority common in older children) You may not be able to keep your child from feeling frustrated, sad, or angry, but you can help him or her cope with these emotions. Seek help when problems appear to be serious and/or interfere with daily living. Talk to your child's doctor or a counselor. Get Connected. Get Help." 211 Tampa Bay Cares, Inc. Call 211 How can I help my child? Make time for your child each day. Give your child Tots of hugs and kisses. Notice your child's feelings out loud. Listen to your child—allow him or her to talk about things that may be causing stress. Help your child by discussing potentially stressful situations and helping him or her prepare for them. Just be there. Respect your child and tell him or her you'll be there when he or she is ready to talk. Be patient. Resist the urge to fix every proalem. Help your child grow into a good problem solver. Avoid talking about your troubles around your child. Ensure that your child gets proper rest. Ensure that your child gets proper nutrition - balanced meals and regular eating times. Ensure that your child gets enough exercise. Avoid overscheduling. Help your child manage his or her time and responsibilities. Ensure that your child has play time and quiet time. Monitor exposure to news about trauma. Text Zip Code to 898211 www.211tampabay.org Ayudar a los ninos a manejar el estres EL ESTRES puede afectar a cualquier persona que se sienta abru- mada, incluso a un nifio/a. EI estres es provocado por las exigen- cias dirigidas a la persona y su capacidad (o perception de la capacidad) para satisfacerlas. Las causas del estres infantil pueden ser externas (la familia, los amigos, el colegio, enfermedades, el fallecimiento de algun ser querido, divorcio y desastres) o internas Ia presion que los ninos ejercen sobre si mismos). iCuales son las senates de que mi hijo esta estresado? Cambios de humor Rabietas Cambios en los habitos del sueno Mojar la cama Dolores de estomago Dolores de cabeza Pesadillas Ansiedad por separation Reacciones desmesuradas a los problemas Cambios drasticos en el rendimiento escolar Negativa a participar en actividades Dificultad de concentration Dificultad para completar las tareas escolares Retraction Retroceso (mas comun entre los ninos mas pequenos; puede incluir la suction del pulgar o enrollarse el pelo) Mentir, intirnidar y desafiar a la autoridad (mas comun entre los ninos mayores) Es posible que no puedas evitar que tu hijo sienta frustration, i:risteza o ira, pero puedes ayudarle a manejar estas emociones. Busca ayuda cuando estos problemas empiecen a parecer serios y/o a interferir corp la vida cotidiana. Habla con el medico de tu hijo o hija o con un terapeuta. Conectate. Consigue ayuda. 211 Tampa Bay Cares, Inc. Llama al 211 iComo puedo ayudar a mi hijo/a? Dedicale tiempo todos los dias. Dale muchos abrazos y besos. Expresa de manera clara las emociones de tu hijo/a. Escucha a tu hijo/a, perm[tele que hable sobre las cosas que puedan estar provocandole estres. Habla con tu hijo/a sobre situaciones potencialmente estresantes y ayudale a prepararse para enfrentarlas. Solo tienes que estar presente. Respeta a tu hijo/a y dile que estaras all[ cuando este listo/a para hablar. Ten paciencia. Resiste Ia tentacion de resolver todos los problemas. Ayudale a aprender a solucionar los problemas. Evita hablar de tus problemas en presencia de tu hijo/a. Asegurate de que tu hijo/a descanse lo suficiente. Asegurate de que tu hijo/a reciba una alimentation adecuada - comidas equilibradas con horarios fijos. Asegurate de que tu hijo/a haga suficiente ejercicio. Evita is programacion excesiva. Ayuda a tu hijo/a a manejar su tiempo y responsabilidades. Asegurate de que tu hijo/a tenga tiempo para jugar y momentos de tranquilidad. Vigila Ia exposition a noticias sobre acontecimien tos traumaticos. Envia tu codigo postal a 898211 www.211tampabay.org Managing Your Stress: Know how to Relieve Stress Keep Yourself Healthy: Eat healthy foods, and drink water. Avoid excessive amounts of caffeine and alcohol. Do not use tobacco or illegal drugs. Get enough sleep and rest. Get physical exercise. Use Practical Ways to Relax: Relax your body often by doing the things that work for you—take deep breaths, stretch, meditate, engage in pleasurable hobbies, or even do something as simple as washing your face and hands. Pace yourself between stressful activities, and do a fun thing after a hard task. Use time off to relax—eat a good meal, read, listen to music, take a bath, or talk to family. Talk about your feelings to loved ones and friends often. Pay Attention to Your Body, Feelings, and Spirit: Recognize and heed early warning signs of stress. Recognize how your own past experiences affect your way of handling this event, and think of how you handled past events. Focus on the ways you handled them well. Know that feeling stressed, depressed, guilty, or angry is common after a stressful event. Connect with others who have experienced similar difficulties. Take time to renew your spirit through meditation, prayer, or helping others in need. Have a Plan to Manage Your Tasks: Do the important things first. If necessary, find a safe place to stay. Tell family where you are and how they can contact you. Get water and food. If needed, get papers for your property, insurance, bank, and medical records, and job qualifications from agencies for future reference. It may take time to feel like you've regained control over your life. Be patient with yourself and others. You can manage and alleviate your stress by taking time to take care of yourself. Talk to a loved one, friend, or therapist. For immediate help, call 211 - open 24 hours a day, 7 days a week. All 211 services are free. Get Connected. Get Help." 211 Tampa Bay Cares, Inc. eCa11211 Text Zip Code to 898211 www.211tampabay.org Managing Your Stress: Know the Signs of Stress Your Behavior: An increase or decrease in your energy and activity levels. An increase in your alcohol or tobacco use, or use of illegal drugs. An increase in irritability, with outbursts of anger and frequent arguing. Difficulty with relaxing or sleeping Frequent crying Placing of blame on other people for everything Difficulty with communicating or listening Difficulty with giving or accepting help Your Body: Having stomachaches or diarrhea Having headaches and other pains Losing your appetite or eating too much Sweating or having chills Getting tremors or muscle twitches Being easily startled Your Emotions: Being anxious or fearful Experiencing an inability to feel pleasure or have fun Feeling depressed Feeling guilty Feeling angry Wanting to be alone most of the time Feeling heroic, euphoric, or invulnerable Not caring about anything Feeling overwhelmed by sadness Your Thinking: Having trouble remembering things Feeling confused Having trouble thinking clearly and concentrating Worrying excessively Having difficulty making decisions Stressful events can leave you feeling anxious and sad with a fear of the future. You are not alone -We can help! What You Should Know When you are exposed to stressful events, such as a pandemic or unemployment, be aware of how these events can affect you personally. Most people show signs of stress after the event. These signs are normal. Over time, as your life gets back to normal, they should decrease. After a stressful event, monitor your own physical and mental health. Know the signs of stress in yourself and your loved ones. Know how to relieve stress. And know when to get help. Get Connected. Get Help." 211 Tampa Bay Cares, Inc. Call 211 Text Zip Code to 898211 www.211tampabay.org Improving Lives through the Power of Information and Hope Every day, people search for help but often don't knowwheretostart.By connecting with 211 Tampa Bay Cares 211 TBC), people in need of essential services have access to compassionate professionals who are there to listen, care and connect them to local nonprofit organizations and government services who can help. We do not charge for our services. 211 TBC relies on financial support and contributions from our community to ensure we are there 24/7/365 for individuals and families in need. State funding is also provided for targeted mental health outreach and support to seniors inourcommunity. When you support 211 TBC you are helping people throughout our 10 - county regional service area find the services they need. Last year, we received more than100,000 calls, emails, text messages and online chats from people in need in our community. Get Connected. Get Help." 211 Tampa Bay Cares, Inc. Strategic Alliances & Partnerships LIVE UNITED United Way Way 13114•nanclo Comfy Pinellas County \ HUMAN SERVICES jib) DUKE ENERGY. PINELLAS CommunityFoundation C;i•.ingnitraihaul Sin.19E9 mrAtums wawa= si_petersrurg www.stpete.erg LiA tlIts cosi SAMHSA v!brantSubstanceAbuseandMentalHealth Services Administration Emotional Health Central Florida tck, vee mc 1:>ira c -1 -ions for Living Fast Facts 8.2 Million Annual Budget 105,000 + Calls, emails, texts and online chats Accreditation: Accredited by Alliance of Information and Referral Systems AIRS) and American Association of Suicidology (AAS) and Florida Council Against Sexual Violence. 11 Board Members (100% board leadership giving) 3,000 + Health & Human Service Agencies and Programs 85 Paid Staff 28 Volunteers Our Programs and Services 211 Community Connections: 24/7 access to trained and certified professionals for those needingassistancenavigatingover3,000 health and human services and programs. Services are available by dialing 211, texting your zip code to 898211 or emailing info®211tampabay.org. 988 Lifeline: 24/7 free and confidential support and referrals to prevention and crisis resources for people in distress. Services are available by dialing or texting 988 or connecting with online chat at 9881ife11ne.org. Disaster Services: A central hub of community information following community disasters. 211 TBC isincludedinthePinellasCountyEmergencyManagementPlantoprovideemergencysupporttolocal residents. Florida Veteran Support Line (844-MFLVET) and First Responder Hero Helpline (866-4FL-HERO): Peer support for veterans and first responders and their families. Supportive Services for Veteran Families (844-455-SSVF): Eligibility screening for SSVF services (in partnership with St. Vincent De Paul CARES). Homeless Helpline (211): Information and prioritization screening for shelter placement forhomelessindividualsandfamilies (in partnership with Pinellas County and the HomelessLeadershipAlliance). Adult Emergency Financial Assistance (211): Financial assistance with overdue rent/utilities and work related supports for eligible individuals and families without minor children (inpartnershipwithPinellasCountyHumanServices). Sexual Assault Services Helpline (727-530-7273): Information and referral services, as well as scheduling sexual assault examinations, for domestic violence survivors (in partnership withSuncoastCenter). Pinellas Rapid Rehousing Collaborative: Fiscal administration for rapid rehousing navigatorswholocateshelterforhomelessindividualsandfamilies (in partnership with Pinellas HumanServices, City of St. Petersburg and St. Vincent de Paul CARES). Special Resource Directories: Senior Wellness Resource Directories are available in hard copy toallresidents. To request a copy email kipc®211tampabay.org or call 727-453-0003. Web Portal: 211tampabay.org educates individuals about health and human services and programs to meet their housing, food, clothing, medical and financial assistance needs. Community Social Barometer: Data reporting on emerging community health and human serviceisavailableat211tampabay.211counts.org. Family Caregiver Program: Addresses the unique needs of unpaid caregivers through access to local organizations and resources (sponsored by United Way Worldwide). WE NEED YOUR HELP It takes an entire community to do this work. Join us to make sure every individual and familyhas the information and hope they needto thrive! Request a speaker, tour, or brochures. OUR BOARD Jeremy Tinter, Chair Gayle Guidash, Vice Chair Eric Johanson, Treasurer Marion Rich, Secretary Steven Hoschak, Past Chair Martha Lenderman Grant Peterson Major Adrian Arnold Maria Pepe Jacob Diaz Sharon Crowe FINANCIAL SUPPORT With your donation to 211 TBC, you are helpingindividualsandfamiliesaccessfood, utility assistance, legal services, mental health and substance abuse support, domestic violence programs and more. GIFTS OF TIME 211 TBC has many volunteer opportunities where youcandevoteyourtime, talents and experience to give back to our community. Board of Directors - Community volunteers who provide overall strategic direction and policies to support our services to the community. Board Committees - Volunteers with backgrounds in finance, branding/marketing, legal, technologyanddataanalysisprovideguidanceandsupportof our services. Provider Advisory Council - Community nonprofit leaders providing insight and advice to enhance our programs and services. Community Ambassadors - Volunteers helping to spread the word about 211 services by distributing marketing materials and representing 211 and 988 at various community outreach events. Senior Sunshine Volunteers - Volunteers providing outreach calls to seniors to let them know we are thinking about them and provide additional assistance if needed. Group Volunteer Opportunities Available - Email kipc®211tampabay.org for more information. Tampa Bay Cares, Inc. is a 501(c)3 organization as determined by the Internal Revenue Service. Gifts are tax-deductible. A copy of the official registrationCH7975) and financial information may be obtained from the State of Florida Division of Consumer Services on their website (www.800helpfla.com) or bycallingtollfree1-800-435-7352 within the state. Registration does not imply endorsement, approval or recommendation by the state. State of Floridasolicitationofcontributionsregistration #CH7975. A Free Service Just Call Crisis intervention information as well as referrals to local health and human services in your area. Information On: 1 1 r 1 1 Housing Stability Education 1 Disaster Response l Recovery I; ::: :::::: . 1... I.. .... I I OM Ir W. ioiJI Income Security Suicide Prevention Frequently Asked Questions What is 2-1-1? 2-1-1 is a community helpline and crisis hotline. Highly trained and nationally certified 211 specialists offer guidance and support in helping teens, adults, families, seniors, caregivers and professionals find the services they need. If I call 2-1-1, what can I expect? M• A A AA0 A N I I Our 211 Specialists will: Listen as you explain your situation. Assess your problems and needs. Holo you hod anDuorc to your QAoR. Provide you with options and connections in your local community. 111111I 1(11 11 I 1111111 11111 1111 1111111411 Will Id I I 1 0114 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0285 Agenda Date: 5/18/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the May 4, 2023 city council meeting as submitted in written summation by the City Clerk. SUMMARY: Page 1 City of Clearwater Printed on 5/16/2023 City Council Meeting Minutes May 4, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, May 4, 2023 6:00 PM Main Library - Council Chambers City Council City Council Meeting Minutes May 4, 2023 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Brian Aungst Sr., Councilmember Kathleen Beckman, Councilmember David Allbritton, Vice Mayor Mark Bunker and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Michael Delk – Assistant City Manager, Owen Kohler – Lead Assistant City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Aungst, Sr. The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Jefferson Cox from Grace Lutheran 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.) – Given. 4.1 Older Americans Month Proclamation, May 2023 - Jason Martino, Area Agency on Aging Director of Planning 4.2 Law Enforcement Appreciation Day Proclamation, May 12, 2023 – Police Chief Slaughter 4.3 Economic Development Week Proclamation, May 8-12, 2023 - Denise Sanderson, Economic Development and Housing Director 5. Approval of Minutes 5.1 Approve the minutes of the April 4, 2023 city council meeting as submitted in written summation by the City Clerk. Councilmember Beckman moved to approve the minutes of the April 4, 2023 city council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. City Council Meeting Minutes May 4, 2023 Page 3 City of Clearwater 5.2 Approve the minutes of the April 20, 2023 city council meeting as submitted in written summation by the City Clerk. Vice Mayor Bunker moved to approve the minutes of the April 20, 2023 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 Mr. Holuba expressed concerns with the data being reported on the amount of recyclables being collected and processed and supported shutting down the City's recycling program and police department. Beth Davis supported the new solid waste dashboard, looked forward to the upcoming housing dashboard, and requested council consideration to use additional tax revenue to support housing initiatives and staffing positions. Bill Jonson thanked Council for submitting a letter of support for the Drew Street complete streets project. He said he was surprised to hear that members of the community contacted Senator Hooper to stop the project, but it is obvious more work is needed to address concerns. Patrick Raftery thanked Council for submitting a letter of support for the Drew Street complete streets application and requested Council make a decision on what type of credit residents will receive for the period when recyclables were not being recycled. Kathy Flaherty expressed concerns regarding dumpsters near Stevenson Creek (see page 15). In response to a question, Planning and Development Director Gina Clayton said the City has not had interest in industrial land use properties and has not used the State's provision for mixed rate affordable housing on industrial and commercial properties without a land use amendment. She said the city code includes a provision for comprehensive infill redevelopment projects. 7. Consent Agenda – Approved as submitted. 7.1 Approve co-sponsorship and waiver of requested city fees and service charges for 26 City Council Meeting Minutes May 4, 2023 Page 4 City of Clearwater Co-sponsored Special Events at an estimated General Fund cost of $767,910 ($91,000 in cash contributions and $676,910 for in-kind service contributions) and Enterprise Fund cost of $75,850 for the purposes of Fiscal Year 2023/24 departmental budget submittals; approve partial list of events to be held at the Venue during 2023 and 2024 and authorize the appropriate officials to execute same. (consent) 7.2 Approve events budget of $128,620 from general fund reserves for the public safety costs for the grand opening of Coachman Park to be held June 28 through July 4, 2023, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Work Order to Mead and Hunt, Inc. of Tampa, FL, for Intelligent Transportation Systems (ITS) Fiber Optic Design, Phase 1 (23-0018-EN), in the amount of $192,385.00, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.4 Approve a professional service agreement with Tetra Tech, Inc. of Tampa, FL as the Lift Station Program Consultant (21-0034-UT) in the not-to-exceed amount of $11,400,000.00 for a five-year term pursuant to Request for Qualification (RFQ) 13-22 and authorize the appropriate officials to execute same. (consent) 7.5 Authorize a purchase order to Trane US, Inc. of Davidson, NC for the purchase of Heating, Ventilation and Air Conditioning (HVAC) services and associated replacement and repair parts in a not-to-exceed amount of $1,520,000.00 through August 31, 2027, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, and 2.563(1)(d), Non-competitive purchases - Impractical, and authorize the appropriate officials to execute same. (consent) 7.6 Authorize purchase orders to multiple vendors as listed, for the purchase of Heating, Ventilation and Air Conditioning (HVAC) replacement and repair parts, in the cumulative not-to-exceed amount of $700,000.00 through September 30, 2024 pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback or cooperative purchasing, 2.561(5), Small purchases, and 2.563 (1)(b), Micro purchases, and authorize the appropriate officials to execute same. (consent) 7.7 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) 7.8 Appoint Francis Bugaj to the Marine Advisory Board with a term to expire May 31, 2027. (consent) 7.9 Appoint Linda Byars to the Neighborhood and Affordable Housing Advisory Board with a term to expire May 31, 2027. (consent) City Council Meeting Minutes May 4, 2023 Page 5 City of Clearwater 7.10 Appoint Muhammad Abdur-Rahim to the Brownfields Advisory Board, as the resident representative, with a term to expire May 4, 2027. (consent) 7.11 Reappoint Kevin Chinault to the Neighborhood and Affordable Housing Advisory Board with a term to expire May 31, 2027. (consent) 7.12 Approve a one-year extension to the license agreement with Jolley Trolley Transportation of Clearwater for 410 N. Myrtle Avenue and authorize the appropriate officials to execute same. (consent) 7.13 Approve a Legal Services Agreement with Carlton Fields for advice as to the taxability of various personnel benefits for elected officials, City staff, and former employees and authorize the appropriate officials to execute same. (consent) Councilmember Teixeira 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. Administrative Public Hearings 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas of the city by rezoning a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium Density Residential (LMDR) to Commercial (C). Ordinance 9662-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9662-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.2 Adopt Ordinance 9663-23 on second reading, making amendments to the Clearwater Downtown Redevelopment Plan by amending Chapter 4. Plan Implementation, Public Amenities Incentive Pool. Ordinance 9663-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9663-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: City Council Meeting Minutes May 4, 2023 Page 6 City of Clearwater Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.3 Adopt Ordinance 9664-23 on second reading, making amendments to the Community Development Code, Appendix C, Division 3., Character District Standards by amending standards, and Division 8. Flexibility. Ordinance 9664-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9664-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.4 Adopt Ordinance 9666-23 on second reading, amending the future land use element of the Comprehensive Plan to change the land use designation for a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Residential Urban (RU) to Commercial General (CG). Ordinance 9666-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9666-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.5 Adopt Ordinance 9668-23 on second reading, annexing certain real property described as Lot 7, Block D, Kapok Terrace, Clearwater, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9668-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9668-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.6 Adopt Ordinance 9669-23 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property described as Lot 7, Block D, Kapok Terrace, Clearwater, Florida, upon annexation into the City of Clearwater, as Residential Low (RL). City Council Meeting Minutes May 4, 2023 Page 7 City of Clearwater Ordinance 9669-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9669-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.7 Adopt Ordinance 9670-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property described as Lot 7, Block D, Kapok Terrace, Clearwater, Florida, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9670-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9670-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.8 Adopt Ordinance 9673-23 on second reading, vacating a 10-foot platted public utility easement located on Lots 4 and 5, Unit 2, Island Estates, according to the map or plat thereof as recorded in Plat Book 47, Page 19A and 20B of the Public Records of Pinellas County, Florida. Ordinance 9673-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9673-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Councilmember Beckman, Councilmember Allbritton, Vice Mayor Bunker and Councilmember Teixeira 9.9 Adopt Ordinance 9662-23 on second reading, amending the Zoning Atlas of the city by rezoning a portion of certain real property whose post office address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium Density Residential (LMDR) to Commercial (C). See Item 9.2. 9.10 Denied on first reading Ordinance 9645-23 annexing certain real property whose post office address is 1224 Adams Avenue, Clearwater, Florida 33756 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. No Action. City Council Meeting Minutes May 4, 2023 Page 8 City of Clearwater 9.11 Denied on first reading Ordinance 9646-23, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1224 Adams Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Commercial General (CG). No Action. 9.12 Denied on first reading Ordinance 9647-23, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1224 Adams Avenue, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Commercial (C). No Action. 10. City Manager Reports 10.1 Review and adopt the City of Clearwater’s 2023 Strategic Plan. At the March 20, 2023, Strategic Budget Work Session, staff presented a draft strategic plan for consideration by the City Council. The goal of the strategic planning process is to establish a uniform organizational direction, align municipal operations, and provide a framework for monitoring achievement toward adopted goals and priorities. City staff prepared the draft Strategic Plan based upon supplemental facilitation by Baker Tilly, which included conducting community engagement workshops, review of background information, an environmental scan of key opportunities and challenges, analysis of service demand drivers and demographic trends, internal and external stakeholder surveying, and financial forecasting. Furthermore, staff reviewed prior feedback of the City Council offered at Strategy Planning sessions held on October 20, 2020, May 25, 2021, April 11, 2022, and December 8, 2022, to identify areas of strategic focus and priorities that had consensus among Councilmembers. The proposed Strategic Plan emphasizes five strategic priorities and a total of 22 accompanying objectives. The priority areas address the following: • High Performing Government • Economic & Housing Opportunity • Community Well-being • Environmental Stewardship • Superior Public Service The Strategic Plan is supported by vision and mission statements, that along City Council Meeting Minutes May 4, 2023 Page 9 City of Clearwater with individual objectives, are guided by organizational values to create a decision-making framework for resource allocation and budgeting, as well as direct the efforts of City Staff. Clearwater’s vision statement describes where the organization is heading and expresses an aspirational view of a future desired state: A community that thrives from Bay to Beach. The mission statement describes why the organization exists, its purpose, its reason for being, and clearly articulates the services provided and the desired outcomes: Clearwater is committed to quality, sustainable, cost-effective municipal services that foster and sustain a healthy residential and economic environment. As provided by City Council Policy 3-11, Strategic Direction/Planning, Staff will continue to review the Strategic Plan during the annual Strategic Planning Session, to ensure that plan elements remain responsive and representative of the priorities of the City Council and the Citizens of Clearwater. At the May 1, 2023 work session, there was council consensus to amend Resiliency statement under Clearwater’s Values as follows: “Resiliency and Sustainability …” One individual spoke in support and added that he was disappointed that tonight was the first opportunity for the public to provide comment and that “uniquely beautiful” was being dropped from the vision. In response to a question, the City Clerk said the strategic plan being considered for adoption is the attachment entitled, “Amended May 1 WS.” Councilmember Teixeira moved to adopt the City of Clearwater’s 2023 Strategic Plan. The motion was duly seconded and carried unanimously. 10.2 Appoint Councilmembers to Regional and Miscellaneous Boards. 2023 Regional and Miscellaneous Board Appointment Board (Date/Time of Meeting) Delegate Audit Committee Hibbard Aungst, Sr. (Meets as required) Herb McLachlan, citizen City Council Meeting Minutes May 4, 2023 Page 10 City of Clearwater Lisa Burley American Public Gas Association Hibbard Teixeira (Brian Langille - Gas) (meet 4 times a year - move around the Country) Area Agency on Aging of Pasco/Pinellas Kerry Marsalek (3rd Monday of the month - 9:30 a.m.) Office on Aging Mgr Location: AAAPP in St. Pete Barrier Island Governmental Council TeixeiraBeckman- Voting Del. (4th Wednesday of the month - 9:00 a.m.; two-year term) Bunker - Alt. Location: TBA (Meeting place rotates) Hibbard- Alt. #2 Clearwater Arts Alliance Beckman Teixeira (4th Tuesday of the month - 4:00 p.m.) Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756 Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker (Quarterly on 3rd Friday of the month - 10:00 a.m.) Homeless Leadership Alliance Beckman (1st Friday of the month - 1:00 p.m.) Location: Hospice of the Florida Suncoast on Roosevelt Blvd. Mayor’s Council of Pinellas County Hibbard Aungst, Sr. (1st Wednesday of the month - 11:30 a.m.) Pinellas Collaborative Committee Hibbard (Meet as needed - 9:00 a.m.) Location: 600 Cleveland St., Suite 750 **Committee no longer active Pinellas County Aircraft Noise Abatement Task Force Sean Schrader (At Large) (Quarterly - 3:00 p.m.) Jerry Karp/Del Oro Groves Location: St. Pete-Clearwater Int’l Airport - Conf. Room #234) School Transportation Safety Committee Bunker (Meet as needed - 9:30 a.m.) Location: 600 Cleveland St., Suite 750 Suncoast League of Cities Board Beckman (3rd Friday of the month - 11:30 a.m.) Teixeira- Alt. Location: Different city every month Tampa Bay Estuary Policy Board Beckman (Quarterly on Friday - 10:00 a.m.) Bunker - Alt. City Council Meeting Minutes May 4, 2023 Page 11 City of Clearwater Councilmember highly recommended Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste. 100, Pinellas Park Tampa Bay Regional Planning Council (TBRPC) Teixeira (2nd Monday - 10:00 a.m.) Bunker - Alt. Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste.100, Pinellas Park The following Boards have the specific term expiration date noted: Board (Date/Time of Meeting) Delegate Bicycle Advisory Committee (BAC) Chip Haynes Advisory Committee to the MPO Robert Yunk (4th Monday each month - 8:30 a.m.) Win Dermody No seat terms Ric Hartman - Tech Support Rep. Clearwater Representatives (appointments made by County) Citizens Advisory Committee (CAC) Luis Serna Advisory Committee to the MPO Bill Jonson (4th Thursday each month - 7:00 p.m. - 4 year term) Clearwater Representatives (appointments made by County) Forward Pinellas Allbritton MPO/PPC - (2nd Wednesday of the month - 1:00 p.m.) (term expires 9/30/25; four-year term) Location: P.C. Courthouse, 5th Floor Pension Advisory Committee (PAC) Hibbard Aungst, Sr. (2nd Thursday - 9:00 a.m.) 4/4/2022 (two-year term) Teixeira 4/4/2026 Bunker 4/4/2023 Pension Investment Committee Sheldon Goldberg (term expires 8/31/22; two-year term) (Resigned 11/19/21) Pinellas Suncoast Transit Authority (PSTA) Allbritton (4th Wednesday of the month - 9:00 a.m.) (term expires 9/30/24; three-year term) Location: PSTA, St. Petersburg City Council Meeting Minutes May 4, 2023 Page 12 City of Clearwater Sister Cities Advisory Board Teixeira (term expires 4/30/26; four-year term) Appointments by other entities: Downtown Development Board Ex-Officio Members Teixeira (CRA Trustees) Bunker (1st Wednesday of the month - 5:30 p.m.) Florida League of Mayors Hibbard Aungst, Sr. Tourist Development Council Hibbard Aungst, Sr. (City Council makes recommendation/County makes appointment) (term expires 10/31/24; four-year term) WorkNet Pinellas Board * Beckman (Quarterly - 11:45 a.m.) Location: EpiCenter in Clearwater *8/8/13 - Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a requirement & there’s no term expiration. Currently councilmember Kathleen Beckman is a non-voting committee member and has the option to attend this board. The City Clerk said the Pinellas Collaborative Committee is no longer active and has been removed from the list. It was stated that Forward Pinellas will be adding another representative from Clearwater to the board. A vote was not needed tonight but interested councilmembers should start thinking about the appointment. Councilmember Teixeira moved to appoint Councilmembers to regional and miscellaneous boards as listed. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman said she attended the Tampa Bay Region Resiliency Leadership Summit and it was well attended with great presentations. She attended the Homes for Pinellas Summit last week which City Council Meeting Minutes May 4, 2023 Page 13 City of Clearwater was a roll out of the plan to realize the statements that were agreed to in the Pinellas Housing Compact. She said the entire meeting is available on Youtube. Vice Mayor Bunker thanked writer Stephanie Hutchinson for exposing Scientology lies and its front group, The Stand League, who attacks those who speak out about Scientology. He said Leah Remini appeared in court to support rape victims at the Danny Masterson trial in Los Angeles. He said he was upset that Senator Hooper added last-minute language in the budget to delay the Drew Street complete streets project, which Council recently voted to approve after years of staff and citizen work. He said Scientology is what is keeping people out of downtown. Councilmember Teixeira said she has attended meetings this week where the region came together to educate, share information, and collaborate on common regional challenges. She said she was honored to be part of the Charity Works annual golf outing and proceeds went two organizations, Creative Women and Know More which focus on anti-human trafficking efforts. She went to the Clearwater for Youth event and met scholarship recipients. Councilmember Allbritton said he was disappointed to hear that the Drew Street complete streets project may have been waylaid even though Council approved to move forward with it. Pinellas County also submitted a letter of support for the project. He said the first traffic study for the project was done in 2017 and was redone in 2019 by FDOT. Imagine Clearwater and other future developments were taken into consideration for the traffic study. FDOT was to bring back a finalized plan for staff and Council to review before the end of the year. The City Manager is meeting with FDOT and Senator Hooper next week to discuss the matter. He said he would like for FDOT to explain the traffic study forecast and how they are projected to Council and the business community. 13. Closing Comments by Mayor Mayor Aungst reviewed recent and upcoming events. He said five years ago his wife, Karen, passed away and he appreciated the moment of silence observed by Council. Karen was a great advocate for Clearwater and lit up the room. 14. Adjourn The meeting adjourned at 6:50 p.m. City Council Meeting Minutes May 4, 2023 Page 14 City of Clearwater Mayor City of Clearwater Attest City Clerk 1 Call, Rosemarie From:Kathy Flaherty <kathyipad68@icloud.com> Sent:Wednesday, May 3, 2023 4:16 AM To:City Council; Call, Rosemarie Subject:Fwd: Clearwater Marine Aquarium To Break Ground On Man… Attachments:favicon.ico Follow Up Flag:Follow up Flag Status:Flagged Please attach this email to the official record for the upcoming Council meeting. From: Kathy Flaherty <kathyipad68@icloud.com> Date: April 17, 2023 at 5:42:10 PM EDT To: Kathleen Beckman <Kathleen.Beckman@myclearwater.com>, Mark Bunker <Mark.Bunker@myclearwater.com>, Lina Teixeira <lina.teixeira@myclearwater.com>, Jaye <jaye.matthews@myclearwater.com>, brian.aungst@myclearwater.com, Jennifer Poirrier <Jennifer.Poirrier@myclearwater.com>, David Allbritton <David.Allbritton@myclearwater.com>, David Margolis <David.Margolis@myclearwater.com> Subject: Clearwater Marine Aquarium To Break Ground On Man… The Aquarium is building a Manatee Rescue Center. That shouldn’t be needed. It’s sad that it is. Maybe a few of those manatees wouldn’t need help if the City actually cared. I am tired of the City of Clearwater saying that it is an environmental City. You say you enclose dumpsters. In reality you could care less where they are located or what falls out of them. This one sits in a residential neighborhood on a drain by Stevensons Creek. I have complained about for years. It still sits there. Grandfathering in trash is a policy. 2 You say you have never burned trash as a recycling method. When the City got caught doing the same thing in 2018, it was discussed in great detail by the administration in 2018 at a City Work Session. Item 15.1. Most of the current City Managers were in attendance and the Council did not reject the idea, in fact Hoyt explains how they have to do it and George says in a news interview that it makes sense. David A. was there too. Ms. Poirrer said she discovered it going back to 2019 so that makes sense. Burning recycling was a policy. 3 Council Work Session on 2018-10-15 9:00 AM clearwater.granicus.com You say you have clean water but in reality you don’t care. Stevensons Creek runs though the Downtown and gets polluted by the time it leaves the Golf Course. It’s sicken how bad the water quality is when it leaves the Downtown area. Nothing is being done to stop it. Ignoring and polluting the Creek is policy. Stevenson Creek Downtown Clearwater Florida - Dirty Mess Council Presentation to Fix 4-4-2023 youtu.be Stop telling stories and fix the problems. 4 Doing something to stop the manatees from being sick or hurt in the first place is a good way to start. Follow the Watershed plan. https://patch.com/florida/clearwater/clearwater-marine-aquarium-break-ground-manatee-rescue- facility ⠲⠳⠴⠵⠶⠷⠸⠹⠺ ❻❼❽❾❿ ❰❱❲❳❴ ⟰⟱⟲ INDIVIDUAL SPEAKER Citizen Comment Card Name: LSI IR tc,41,,EjL., Address: 3 573 an 3 Lid, - 7b7 City: (iJN_,Af2-64)44e--f'___ Zip: 33-2 L Telephone Number: 21 1' `t' (0 3a 7 Email Address: e Speaking under citizens to be heard re items not on the agenda?$j Agenda item(s) to which you wish to speak: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: /4,/ Address: City: Telephone Number: Email Address: C C124 z175 Zip: 7lO 7 727 /S(2 Rio Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: 7/1-411)k- NA/ 7-1144/c A What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name s G.7ll,,"', 1N'L vL4)-2 1+v/ Address: City Zip: •Z% Telephone Number: V-1V 6-72.6 Email Addres Speaking under citizens to be heard re items not on the agenda? Er"---- Agenda item(s) to which you wish to speak• " -.LA t—' e.cS What is your position on the item? For Against 1 INDIVIDUAL SPEAKER Citizen Comment Card Name: E 112 a b4t4 F ,SA 1 Address: 100 5 - @' eic:,b2.,r 12.1 . 4cras*+ c City C lei v t4e.r Zip: 33 7h B Telephone Number: Cl'6) lv73—fol '7 2 Email Address: 1, QCj rnCla W\ Speaking under citizens to be heard re items not on the agenda? Ld" Agenda item(s) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0586 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve First Amendment to Services Agreement with Pinellas Community Foundation (PCF) and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 15, 2022, Council authorized a Services Agreement (Original Agreement) with PCF to design and administer grant programs, and to distribute funding within those programs to organizations (Contractor) capable of delivering emergency services to Clearwater residents in need of housing and social services. The Original Agreement was duly executed on December 21, 2022. This First Amendment to the Original Agreement provides: 1.Clarifying language within the WHEREAS clauses and Exhibit A; and 2.Corrects a reference date in Exhibit A; and 3.For PCF to request funds from City upon execution of a Contractor agreement in an amount not to exceed the Contractor award, (Exhibit C) and 4.For PCF to request funds from City for direct administrative costs in an amount not to exceed 10% of disbursed funds to the Contractor (Exhibit C). APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/16/2023 1 FIRST AMENDMENT TO SERVICES AGREEMENT This First Amendment to Service Agreement (this “Amendment”), is made and entered into on this _____ day of _______________, 2023 (the “Effective Date”) by and between the CITY OF CLEARWATER, a municipal corporation of the State of Florida (the "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 (“Contractor”)(the City and Contractor are collectively herein referred to as the “Parties”). WITNESSETH: WHEREAS, a total of Twenty Two Million Four Hundred Eighty-Three Thousand Eight Hundred Ninety-Three Dollars and 00/100 Cents ($22,483,893.00) of American Rescue Plan Act (“ARPA”) Local Fiscal Recovery Funds was 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 servicesClearwater City Council allocated the aforementioned total of Twenty Two Million Four Hundred Eighty-Three Thousand Eight Hundred Ninety-Three Dollars and 00/100 Cents ($22,483,893) to fiscal 2022 General Fund operations as revenue recovery, while also allocating available General Fund reserves, or “ARPA-related” funds to various projects and programs on August 4, 2022; 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-related funds; and WHEREAS, on August 4November 3, 2022, Clearwater City Council authorized One Million Dollars and 00/100 Cents ($1,000,000.00) of its ARPA-related funds 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 with said authorization of funds memorialized in that certain Services Agreement dated December 21, 2022 (the “Original Agreement”); and WHEREAS, the City recognizes that Contractor has unique expertise in designing and administering grants and is an appropriate subrecipient of the City’s allocation of ARPA-related funds; and WHEREAS, the Parties wish to amend the Original Agreement to clarify that the funds awarded to Contractor are not true ARPA funds but are ARPA-related funds and to furtheralso amend the Original Agreement to allow Contractor to draw project funds upon execution of contracts with subrecipients; and WHEREAS, Contractor represents that it has the experience and expertise to perform the sServices as set forth in the Original Agreement and this Amendment thereto; and 2 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. The recitations set forth above in the WHEREAS clauses are true and correct and are incorporated herein by this reference. 2. The Parties agree to amend Exhibit “A” and “C” of the Agreement to read as follows: AMENDED 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 August 4 November 3, 2022, the Clearwater City Council approved use of the full ARPA allocation for fiscal 2022 General Fund operations, along with a Spending Plan for the ARPA-related funds. The Spending Plan includes the One Million Dollars and 00/100 Cents ($1,000,000.00) of ARPA-related funds 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 Two Hundred and Fifty Thousand Dollars and 00/100 Cents ($250,000.00) of the aforementioned One Million Dollars and 00/100 Cents ($1,000,000.00) 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 3 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 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 beneficiariesy 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 4 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 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 the 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. 5 AMENDED EXHIBIT “C” - PAYMENT SCHEDULE Thereafter, the Contractor will submit to City monthly invoices for reimbursement of Project Fund expenses incurred by Grantee. Direct administrative costs paid to Contractor shall be on a reimbursement basis and shall not exceed 10% of funds expended The City will provide One Hundred Thousand Dollars and 00/100 Cents ($100,000.00) to Contractor within thirty (30) days of the effective date of this Aagreement. 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, upon Contractor entering into an agreement with an eligible Grantee, Contractor shall timely submit an invoice to the City requesting funding in amount not to exceed the grant amount agreed to between Contractor and said Grantee. Upon Contractor receiving the requestedsuch funding from the City, Contractor shall on the first of every month thereafter provide the City with a report indicating the amount of funding that has been provided to a Grantees and clearly specifying how and for what purpose such funds have been expended. Contractor shall also invoice the City on the first of each month for direct administrative costs related to managing Contractor’s agreements with Grantees. However, the City shall only reimburse Contractor’s direct administrative costs in an amount up to ten percent (10%) of the funds expended by Contractor under its agreements with Grantees. When total expenditures to Grantees and reimbursement to Contractor for administrative costs reach One Million and 00/100 Dollars ($1,000,000.00), the Project Fund shall terminate. 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 (60) days thereafter. 3. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the Original Agreement, the terms and provisions of this Amendment shall control to the extent of any such conflict or ambiguity. 4. All other terms and conditions of the Original Agreement shall remain in full force and effect unless expressly amended herein. [REMAINDER OF PAGE INTENTIONALLY BLANK] 6 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment under seal as of the day and year above written. Pinellas Community Foundation, A public charitable foundation. Attest: By: _______________________________ __________________________________ Print Name: ________________________ Print Name: _______________________ Title: _____________________________ __________________________________ Print Name: ________________________ City of Clearwater, Florida, a Florida municipal corporation. __________________________________ __________________________________ Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Approved as to Form: Attest: __________________________________ __________________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0590 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Third Amendment to License Agreement between the City of Clearwater and Pinellas County for period of August 1, 2023 through July 31, 2028 and authorize the appropriate officials to execute same. (consent) SUMMARY: The License Agreement grants the City/Clearwater Gas System (CGS) access to the Pinellas County Health Department property, located at 310 North Myrtle Ave, for conducting soil assessment activities related to environmental impacts from the City/CGS’s former manufactured gas plant (MGP) site located at 400 North Myrtle Ave. The Health Department is located directly southeast of the MGP property. Typical ground assessment work includes soil boring, monitoring well installations and water testing of new and existing wells to ensure soil and groundwater quality is stable. The License Agreement was originally approved by Council in 2008, for a five-year term, then renewed for additional 5-year terms in 2013 and 2018. The Third Amendment shall extend the agreement for another 5-year term, effective 8/1/23 with the option for two additional renewal terms of 5-years each. CGS currently has a contract with Geosyntec, Inc. to perform all testing activities related to the MGP site. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/16/2023 [GM14-2064-049/301695/1] 1 THIRD AMENDMENT TO LICENSE AGREEMENT THIS THIRD AMENDMENT TO LICENSE AGREEMENT (“License”) is made and entered into as of this _____ day of ___________, 20___, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, (“COUNTY”), with offices located at 315 Court Street, Clearwater, Florida 33765, and the CITY OF CLEARWATER a municipal corporation of the State of Florida, (“LICENSEE”) with offices located at 100 S. Myrtle Avenue, Clearwater, Florida 33756. COUNTY and LICENSEE are collectively referred to throughout this License as the “Parties” and individually as “Party.” WHEREAS, COUNTY owns and operates real property located in Pinellas County at 310 N. Myrtle Avenue, Clearwater and as depicted in the attached Exhibit A (“Licensed Area”); and WHEREAS, LICENSEE wishes to access the Licensed Area for the purpose of having a Consultant conduct work including soil boring, drilling, monitor well installation, and sampling of new and existing wells ("Work"); and WHEREAS, COUNTY agrees to allow LICENSEE to access and use the Licensed Area for these purposes; and WHEREAS, pursuant to that certain License Agreement dated August 1, 2008, the COUNTY permitted LICENSEE to enter the Licensed Area and conduct the Work for a five (5) year term; and WHEREAS, pursuant to that certain First Amendment to License Agreement dated May 30, 2013, the Parties extended the License agreement for an additional five (5) year term expiring July 31, 2018; and WHEREAS, pursuant to that certain Second Amendment to License Agreement dated October 1, 2018 the Parties extended the License Agreement for an additional five (5) year term expiring July 31, 2023; and WHEREAS, the Parties now desire to extend the License Agreement for an additional five (5) year term with two (2) automatic five (5) year renewal terms and to include additional terms and conditions. NOW, THEREFORE, the COUNTY and LICENSEE, in consideration of the mutual covenants, promises, and representations contained herein, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: Article 1. Exhibits This License consists of a primary agreement and two (2) exhibits, which are as follows: [GM14-2064-049/301695/1] 2 Exhibit A: Licensed Area Exhibit B: Insurance Requirements These Exhibits are attached hereto and are fully incorporated herein. In the event of a conflict between the terms and conditions provided in the Articles of this License and any Exhibit, the provisions contained within these Articles shall prevail. Article 2. The Licensed Area COUNTY, in consideration of the payments required herein, and subject to the terms and conditions contained in this License, grants to LICENSEE, and its employees, officers, agents, contractors, and subcontractors, a non-assignable right for LICENSEE to use and occupy that portion of the Licensed Area depicted in Exhibit A to perform the Work. Article 3. Term The rental period for the Licensed Area shall begin August 1, 2023 and end July 1, 2028 (“Initial Term”) unless earlier terminated pursuant to Article 6 herein. Either Party may extend the Initial Term for two (2) additional renewal terms of five (5) years each (“Renewal Terms”) by giving written notice to the other Party no later than thirty (30) days prior to the expiration date. Article 4. Payment For the use of the Licensed Area LICENSEE shall pay a fee of ONE DOLLAR ($1.00), the receipt and adequacy of which is hereby acknowledged. Article 5. Conditions of Use a. LICENSEE’S operations pursuant to the provisions of this License shall be in compliance with all applicable local, state, and federal laws, ordinances, rules, regulations, and/or other requirements. LICENSEE shall have and keep current at all times during the term of this License all licenses and permits as required by law. LICENSEE agrees to deliver up, cease, and surrender to COUNTY the Licensed Area upon the expiration or earlier termination of this License LICENSEE shall be responsible for all costs and expenses associated with the removal of their temporary structures, furniture, and fixtures and the return of the Licensed Area to its original condition upon the termination of this License. LICENSEE will repair, at its own expense, any and all damage to the Licensed Area caused by LICENSEE’S use or activities. COUNTY will determine the extent of any damages and provide the LICENSEE with written notice that describes the damage and specifies the necessary repairs. The LICENSEE will complete the specified repairs within twenty (20) days from the date of the COUNTY’S written notice. If the LICENSEE fails to make the specified repairs, the COUNTY may make the repairs and shall be entitled to receive reimbursement from the LICENSEE for the costs of such repairs. b. Any activity not specifically permitted herein is prohibited under this License. [GM14-2064-049/301695/1] 3 Article 6. Termination Either Party may terminate this License at any time, with or without cause, subject to advance written notice of thirty (30) days made pursuant to Article 9 herein. Article 7. Insurance LICENSEE shall, at its own cost and expense, acquire and maintain (and cause any Subcontractors, representatives, or agents to acquire and maintain) insurance policies that comply with the Insurance and Bond Requirements, attached as Exhibit B, during the term of this License, to include any renewal terms. Article 8. Indemnification Each party shall bear responsibility for its own negligence and that of its employees and agents, subject to any limitations on liability established by law, including the provisions of Section 768.28, Florida Statutes. Nothing contained herein shall not be deemed a waiver of any immunity or limitation of liability either party may have under the provisions of Section 768.28, Florida Statutes, as it is amended from time to time. Article 9. Notices All notices, demands and other communications given hereunder shall be in writing and shall be deemed to have been duly given: (a) upon hand delivery thereof with written confirmation of receipt, (b) upon receipt through any commercial overnight delivery service, or (c) upon receipt by Certified Mail, Return Receipt Requested, to the addresses set forth below or at such other address, or to such other person and at such address for that person, as any Party shall designate in writing to the other Party for such purpose in the manner hereinabove set forth: If to COUNTY: Pinellas County Government Department of Administrative Services Facilities and Real Property Division 509 East Avenue South Clearwater, FL 33756 Phone: (727) 464-3496 Email: realpropdiv@pinellas.gov Pinellas County Government If to LICENSEE: City of Clearwater d/b/a Clearwater Gas Systems Attn: Brian Langille 400 N. Myrtle Avenue Clearwater, FL 33756 Phone: (727) 562-4911 Email: brian.langille@clearwatergas.com [GM14-2064-049/301695/1] 4 With a copy to: William L. Pence, Esquire Baker Hostetler 2300 SunTrust Center 200 South Orange Avenue Orlando, FL 32801-3432 Phone: (407) 649-4095 Fax: (407) 841-0168 Article 10. Entire Agreement This License sets forth all the promises, covenants, agreements, conditions and understandings between the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written, except as herein contained. Article 11. Assignment This License shall be binding upon the Parties hereto, their beneficiaries, heirs and administrators, and does not confer any rights on any other persons or entities. LICENSEE may not assign this License without the prior written consent of COUNTY. Article 12. Amendment No amendment hereof shall be effective until and unless reduced to writing and executed by the Parties. Article 13. No Waiver No waiver of any provision of this License shall be effective unless it is in writing and signed by the Party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Article 14. Access to Licensed Area COUNTY shall have the right to enter and inspect the Licensed Area and the operation being conducted thereon at any reasonable time after notice and, if requested, in the presence of the LICENSEE for the purpose of inspecting or conducting tests upon the same, or for making repairs to the Licensed Area or to any property owned or controlled by COUNTY therein. Such repairs shall not unduly interfere with LICENSEE'S use of the Licensed Area except as is naturally necessitated by the nature of the repairs being affected. Article 15. Relationship of Parties Nothing contained herein shall be deemed or construed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or joint venture between the Parties hereto, it being understood and agreed that neither the [GM14-2064-049/301695/1] 5 method of computation of rent, nor any other provision contained herein, shall be deemed to create any relationship between the Parties hereto other than the relationship of COUNTY and LICENSEE. Article 16. Headings The Article headings contained in this License are inserted for convenience only and shall not affect in any way the meaning or interpretation of the License. Article 17. Governing Law; Venue This License shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the Parties in any manner pertaining or related to this License shall be exclusively maintained in Pinellas County, Florida, or the United States District Court, Tampa Division, and all Parties hereby specifically consent to the jurisdiction of said courts. ** Signature Page Follows ** [GM14-2064-049/301695/1] 6 IN WITNESS WHEREOF, the Parties have caused this License to be duly executed effective as of the date set forth above. LICENSEE ___________________________ Mayor Approved as to form: __________________________ Michael P. Fuino Senior Assistant City Attorney ___________________________ Jennifer Poirrier City Manager Attest: ____________________________ Rosemarie Call City Clerk PINELLAS COUNTY, FLORIDA BY: Joe Lauro, Director Department of Administrative Services Date: Brian Aungst Sr [GM14-2064-049/301695/1] 7 Exhibit A: Licensed Area [GM14-2064-049/301695/1] 8 Exhibit A: Licensed Area [GM14-2064-049/301695/1] 9 Exhibit B: Insurance Requirements Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0587 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase and installation of playground equipment in the total amount of $451,549.93, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Parks and Recreation Department proposes this playground project for the Lake Bellevue Neighborhood Revitalization Area at the city ’s Ross Norton Recreation and Aquatic Complex located at 1426 S Martin Luther King, Jr., Ave, Clearwater, FL 33756. In 2008, a community playground was constructed on the east side of the Ross Norton Recreation Complex. The playground has served the community well for the past 15 years but is now in need of replacement. The City receives funding from the Juvenile Welfare Board to provide structured and meaningful after-school and summer camp programs for kids aged 5 to 12. The existing playground’s proximity to the building, bathrooms, and parking lot poses challenges to ensure that the licensure standards through Pinellas County Licensure Board are met. Staff is recommending the replacement playground be relocated closer to the Recreation Center and bathrooms, providing greater ease of use. Staff propose to convert the facility’s previous skate park area for the proposed playground. The playground will be accessible to children to enjoy an outdoor social space in a park setting located to the west of the facility. This contract will provide for the purchase and installation of age-appropriate equipment, including spinners, slides, swings, and climbers. This contract is for a period of 44 weeks, to begin in May 2023. Included in this contract is a poured in place playground surface rather than traditional engineered mulch which is difficult to maintain and requires constant upkeep. The poured in place material is easy to maintain, sustainable, has a life cycle of 20 years, provides consistent environment for children and provides savings to the City. The City of Clearwater’s Economic Development and Housing Department has allocated a grant to the City’s Parks and Recreation Department in the amount of $185,000.00 in FY 2022-2023 CDBG-CV funds toward the project. The award is a cost reimbursement grant. The proposed pricing for Rep Services, Inc. is established under a contract with Clay County, pursuant to RFP No. 18/19-2. Rep Services, Inc. was approved by the Clay County Board of County Commissioners as the most responsive bidder for replacement of Park and Playground Equipment on May 28, 2019, for an initial contract term expiring May 22, 2022. Extension of contract no. RFP 18/19-2 was approved by the Clay County Board of County Commissioners Page 1 City of Clearwater Printed on 5/16/2023 File Number: ID#23-0587 on May 24, 2022, for an additional one-year renewal expiring May 22, 2023. This piggyback still has an additional one-year renewal remaining. Pursuant to 2.563(1)(c) piggyback, the amount of piggyback will be $399,010.43 ($269,178.30 for playground equipment and $129,832.13 for installation). Pursuant to 2.563(1)(d), non-competitive purchase under proposal no. 19356.08, a total of $52,539.50 will be considered impractical ($13,152.00 for the required bond, $5,300.00 for engineering services, and $34,087.50 for freight). If/when Council approves this item, Parks and Recreation will immediately submit the purchase request to Rep Services to lock in the pricing. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project M2206 - Parks & Beautification R&R. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/16/2023 Attn: ProposedTo:City of Clearwater Attn:Kerry Marsalek Page 1 of 3 ShipTo:TBD at a later date BillTo:City of Clearwater Attn:Art Kader 165 W. Jessup Ave. Longwood, FL 32750-4146 Rep Services, Inc. Please mail POs, contracts and checks to: Proposal No:19356.08 Proposal Date:5/1/2023 Opt/Rev:B/4 Proposal Name:Ross Norton Playground Project Location:1426 S Mlk Jr AveClearwater, FL 33756-3447Project County: Pinellas Project Contact:Matthew Anderson Consultant:Scott Brushwood 727-539-8457 Proposal Expires:5/28/2023 For Questions Contact:Jason Smith 407-853-3595 5/1/23 - NA Project Name:City of Clearwater - Ross Norton PlaygroProject No:19356 scott@repservices.com jason@repservices.com Parks and Recreation Department100 S. Myrtle AvenueMunicipal Services Building, 1st FloorClearwater, FL 33756 Parks and Recreation Department100 S Myrtle AveClearwater, FL 33756-5520 CGC1508223 QtyPart No Description Unit Price Net Price Ext PriceClass Landscape Structures 588483 Disc Proj Drawings:19356-1-6 2023.1Vendor: PlayBooster 5-12 Pod Climber 16" DB 338.10-2.0%Climbers 338.10345.00IP120711A-001 1 EA Ring Tangle Climber -Ground Level 1,989.40-2.0%1,989.402,030.00PB185583A-001 1 EA Fish Net DB 3,126.20-2.0%3,126.203,190.00PB235756A-001 1 EA Dtr Ind Farmstead Cornstalk Climber 4,233.60-2.0%Custom 1,411.201,440.00CP000197A-001 3 EA Wobble Pod DB Only 1,827.70-2.0%Kids In Motion 1,827.701,865.00IP158105A-001 1 EA Omnispin Spinner Surface Mount 9,765.70-2.0%9,765.709,965.00IP173591A-001 1 EA Curva Spinner DB Only 2,234.40-2.0%2,234.402,280.00IP247179A-001 1 EA E-pod Seat 367.50-2.0%367.50375.00PB166809A-001 1 EA Lolliladder W/2 E-pods 3,008.60-2.0%Overhead Events 3,008.603,070.00PB193170A-001 1 EA 116"alum Post DB 1,102.50-2.0%Posts 367.50375.00PB111404E-001 3 EA 92"alum Post DB 999.60-2.0%333.20340.00PB111404H-001 3 EA Welcome Sign (lsi Provided) -Ages 5-12 Years Direct Bury 0.00-2.0%Signs 0.000.00IP182503C-001 1 EA Super Netplex 12' Tower 91,850.50-2.0%Structures 91,850.5093,725.00IP254626A-001 1 EA Belt Seat -Proguard Chains For 8' Beam Height 588.00-2.0%Swings 147.00150.00IP174018A-001 4 EA Single Post Swing Frame -52" Bury Additional Bay 8' Beam Height Only 2,410.80-2.0%1,205.401,230.00IP177345A-001 2 EA Friendship Swing W/single Post Frame -52" Bury Proguard Chains 3,861.20-2.0%3,861.203,940.00IP237296A-001 1 EA $147,043.80 $127,703.80 Signed & Sealed Engineering:$3,140.00 Discount per the Clay County Contract #18/19-2: $2,606.20 Landscape Structures Total: Product Subtotal: Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 6,825 lbs Freight Charge:$16,200.00 QtyPart No Description Unit Price Net Price Ext PriceClass LSI SkyWays 588484 Disc Proj Drawings:19356-1-6 2023.1Vendor: PlayBooster 5-12 Skyways Template -Steel Template Used For Anchor Bolt Alignment With Baseplate 588.00-2.0%Custom 147.00150.00CP0010974 EA Skyways Hip 30'x30' Shade -14' Entry Height W/rapid Release 16,238.60-2.0%Shade 16,238.6016,570.00IP227371H-001 1 EA $23,374.10 $16,826.60 Signed & Sealed Engineering:$2,160.00 Discount per the Clay County Contract #18/19-2: $343.40 LSI SkyWays Total: Product Subtotal: Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 1,360 lbs Freight Charge:$4,387.50 QtyPart No Description Unit Price Net Price Ext PriceClass No Fault LLC 588485 Disc Proj Drawings:19356-1-6 2023.1Vendor: EPDM Poured in Place Safety Surfacing. Single Color Blend 50% Black/50% Standard Color, 6.5” thick at 12' 124,647.90-2.0%Surfacing 24.1824.67EPDM12C15,155 SF Proposal Date:5/1/2023 Page 2 of 3 Proposal No:19356.08 Project Name:City of Clearwater - Ross Norton Playgroun CFH $138,147.90 $124,647.90Discount per the Clay County Contract #18/19-2: $2,525.95 No Fault LLC Total: Product Subtotal: Freight: Prepaid Ship Method: Best Way FOB: Destination Freight Charge:$13,500.00 588486 Item Qty Description Installation By RSI Installer: The scope includes the following, as required: INS-LSI 1 LT Equipment Installation -Landscape Structures 19356-1-5 2023.1 INS-SKY 1 LT Equipment Installation -LSI SkyWays 30x30 Hip Shade INS-CON FT 4 EA Install concrete footings for Hip Shade TRASH REMOVAL 1 LT Trash removal from jobsite including excavated material from footings SITE WORK 5,155 SF Excavation and haul off of 7" INS-CON CURB 295 LF Installation of concrete curbing 6"x9" INS-SURFACING SUBBASE 5,155 SF Install subbase for surfacing $125,642.66RSI Installer Total: 588487 Item Qty Description Installation By RSI Installer: The scope includes the following, as required: PERMIT FILING 1 EA Charge for document preparation for building permit. PERMIT FEE 1 EA Permit Fees charged by Building Department for the building permit and by the Clerk of Circuit Court for the Notice of Commencement. $4,189.47RSI Installer Total: QtyPart No Description Unit Price Net Price Ext PriceClass Rep Services, Inc.588488Proj Drawings:Vendor: Payment & Performance Bond 13,152.00Miscellaneous13,152.0013,152.00BOND1 EA $13,152.00Rep Services, Inc. Total: Net 30 The Clay County Contract #18/19-2 provides a 2% discount on LSI product. The maximum price for installation is 50% of the product price. (Installation does not include site prep, slabs, footings or engineering). The Clay County Contract #18/19-2 provides a 2% discount on LSI SkyWays product. The maximum price for installation is 75% of the product price. (Installation does not include site prep, slabs, footings or engineering). The Clay County Contract #18/19-2 provides a 2% discount on NoFault Safety Surfacing product. Installation is included in the price of the product. Basis of ProposalOur offer is based upon Rep Services design 19356-1-6 2023.1 Also, please be aware that we generate separate invoices for product at the time of delivery, then we invoice for installation upon completion. This is the customary approach in construction and eliminates sales tax on installation services. If your project should include products from multiple manufacturers, be advised that the products will be invoiced separately. Estimated project completion schedule (This schedule starts when all needed information to direct engineering has been gathered.)14 Weeks: Shade Engineering or Shade with playground4 Weeks: Permitting/Submittal Approval24 Weeks Longest manufacturing lead time. (Typical for scheduling.) 1 Week Shipping 4 Weeks Installation44 Weeks TOTAL WEEKS Note that RSI is committed to do all it can to meet the needs of your project. Landscape Structures:Color selection to be made at time of color submittal approval SkyWays Shade by LSI: $287,630.30 Freight:$34,087.50 Product: Proposal Total:$451,549.93 Installation:$129,832.13 General Terms of Sale and Proposal Summary Notes Proposal Date:5/1/2023 Page 3 of 3 Proposal No:19356.08 Project Name:City of Clearwater - Ross Norton Playgroun SkyWays units are designed to meet 2020 Florida Building Code 7th Edition. Note that the fabric is to be removed by the owner should winds exceed 75MPH. Fabric should be removed in the event of a hurricane. The high-density polyethylene fabric is flame retardant conforming to NFPA 701 and ASTM E84 per FBC 3105.3.1.Color selection to be made at time of color submittal approval. No Fault Sports Group:This quote is for material, freight, and installation. ⦁ Rough Grade:to be established by others ⦁ Product: ⦁ Poured in Place ⦁ Combination of EPDM/TPV rubber granules and a cushion layer of shredded recycled rubber with a polymer that is poured in place on site. ⦁ Bonded Rubber Mulch ⦁ Single density pour of shredded rubber mulch blended with traditional polyurethane adhesive binder ⦁ Loose Fill Rubber Mulch ⦁ Loose Fill Rubber Mulch 100% nuggets from recycled elements. ⦁ Installation: Owner or Owner's contractor is responsible for: ⦁ Accuracy of project dimensions and product quantities prior to ordering. ⦁ Color selection to be made at time of color submittal approval. ⦁ Security of the site during cure time (typically 48 hours). ⦁ NOTE: Installation scopes do not include fall height testing Installation:Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: ⦁ Signed & sealed site plan or survey. ⦁ Access for machines and labor crew to equipment installation location. ⦁ Demolition of existing skate park including 4" concrete ⦁ Accessible walks/entry to play area ⦁ Staging area. ⦁ Geotechnical Report. ⦁ Tree survey and barriers ⦁ Private underground utilities located and marked Our scope does not include: ⦁ Sod & Landscape Restoration. ⦁ Permit Fees assessed by the Building Department ⦁ Dumpster at the site for trash and waste material ⦁ Soils testing. ⦁ Site security. ⦁ Water ⦁ Dewatering and drainage considerations. ⦁ Concrete testing. Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, the installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include but are not limited to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. Time Limitations Holding Prices Firm:Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases in freight, material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. If, during the performance of this contract, the price of a product increases 3% or more as documented by factory quotes, invoices or receipts to contractor (Rep Services, Inc.) from the date of the contract signing the price of shall be equitably adjusted by an amount reasonably necessary to cover such price increases. Where the delivery of a product is delayed, through no fault of contractor (RSI) as a result of the shortage or unavailability of a product, contractor (RSI) shall not be liable for any additional costs or damages associated with such delay(s). DateAuthorized ByCompany Name City of Clearwater As Its: Printed Name Accepted By: (Title) The undersigned warrants that he/she is an authorized representative of the City of Clearwater noted and has the requisite authority to bind the City of Clearwater and/or principal. C O M P O N E N T S RingTangle Climber Fish Net Climber Wobble Pod OmniSpin Spinner Curva Spinner LolliLadder Super Netplex Tower SwiggleKnots Ross Norton Playground 19356-1-6 05.01.2023 Double Swoosh Slide Custom Cornstalk Climbers Fish Net Climber Ages 5-12 Portal ClimberCurva Spinner RingTangle Climber Turbo Twister Slide OmniSpin Spinner Friendship Swing Wobble Pod Super NetPlex Tower LolliLadder SwiggleKnots 86'-6"72'-2"® ® ® ® Δ WARNING INSTALLATION OVER A HARD SURFACE SUCH AS CONCRETE, ASPHALT, OR PACKED EARTH MAY RESULT IN SERIOUS INJURY OR DEATH FROM FALLS. Δ WARNING SURFACING AND PLAYSURFACES MAY BECOME HOT AND CAUSE BURNS. CHECK FOR HOT SURFACES PRIOR TO PLAYING ON THE PLAYGROUND. GENERAL NOTES: 1. EQUIPMENT LOCATION TO BE FIELD VERIFIED PRIOR TO CONSTRUCTION 2. ACCESSIBLE ROUTE OF TRAVEL TO THE PLAYGROUND TO BE PROVIDED BY OTHERS, UNLESS OTHERWISE NOTED 3. BASE MUST EXHIBIT POSITIVE DRAINAGE IN ALL AREAS WELCOME SIGN TO BE LOCATED IN CONSULTATION WITH OWNER 5-12 years old 0 REP SERVICES, INC. Ross Norton Playground Renovation Clearwater, FL 19356-1-6 2023.1 SCALE: 1/8" = 1' 4.0 8 16 COASTAL NOTE DUE TO THE PROJECT PROXIMITY TO THE WATER, LANDSCAPE STRUCTURES' COASTAL WARRANTY WILL BE APPLIED. CHECK WARRANTY DOCUMENT FOR MORE DETAILS.FBC 240.2.1.2TOTAL PLAY ACTIVITIES 2-5: TOTAL PLAY ACTIVITIES 5-12: ACCESSIBLE ELEVATED ACTIVITIES ACCESSIBLE GROUND-LEVEL ACTIVITIES ACCESSIBLE GROUND-LEVEL PLAY TYPESADA SCHEDULEREQ PROV TOTAL AREA: REQ PROV2-55-12FALL HEIGHT: USER CAPACITY: BORDER: SURFACING:DRAWNBY:SUBGRADE ELEVATION: PG-1 EQUIPMENT PLANDNW 5,155 SF 12' 291 LF CURB 65 5,155 SF PIP -9" BFF 0 21 N/A N/A N/A N/A N/A N/A 2 3 2 18 2 13 SUBGRADE ELEVATION NOTE SUBGRADE ELEVATION BASED ON EXISTING SLAB THICKNESS, VERIFY ON SITE. 94'-1"78'-7"291 LF BORDER (6" x18") CONCRETE CURB BY OTHERS ® ® ® ®18'-3"3 9 ' - 4 "13'-9"56'-11"24'-10"6'-5"18'-7" 43'-4" 1826 SF PIP 3.75" PIP, 5.25" STONE 8' FALL HEIGHT 1841 SF PIP 2.5" PIP, 6.5" STONE 5' FALL HEIGHT 1488 SF PIP 5" PIP, 4" STONE 12' FALL HEIGHT 0 REP SERVICES, INC. Ross Norton Playground Renovation Clearwater, FL 19356-1-6 2023.1 SCALE: 3/32" = 1' 5.3 11 21 TOTAL AREA: FALL HEIGHT: USER CAPACITY: BORDER: SURFACING:DRAWNBY:SUBGRADE ELEVATION: PG-2 INSTALL PLANDNW 5,155 SF 12' 291 LF CURB 65 5,155 SF PIP -9" BFF EXISTING CONCRETE AND SITE FIXTURES TO BE REMOVED AND BACKFILLED TO ELEVATION OF -4" BFF 94'-1"79'-8"EXCAVATE ENTIRE SITE TO AN ELEVATION OF -11" BELLOW FINISH FLOOR/GRADE 0 REP SERVICES, INC. Ross Norton Playground Renovation Clearwater, FL 19356-1-6 2023.1 SCALE: 1/16" = 1' 8.0 16 32 TOTAL AREA: FALL HEIGHT: USER CAPACITY: BORDER: SURFACING:DRAWNBY:SUBGRADE ELEVATION: PG-3 EXCAVATION PLANDNW 5,155 SF 12' 291 LF CURB 65 5,155 SF PIP -9" BFF Poured-In-Place Surfacing at Sub-Base Transition Thicker poured-in-place surfacing Excavate subgrade to -9" below Finished grade. Provide transition from one surfacing thickness to another surfacing thickness with depth of stone requirement. Top of surfacing maintain accessiblity slope. Thinner poured-in-place surfacing 4"-6" compacted #57 stone, 3/4" minus and fines sub-base Poured-In-Place with Perimeter Concrete Curb 4"-6" compacted #57 stone, 3/4" minus and fines sub-base Existing sub-base 6" x 9" concrete curb at perimeter Poured-in-place Existing concrete surface REP SERVICES, INC. Ross Norton Playground Renovation Clearwater, FL 19356-1-6 2023.1 TOTAL AREA: FALL HEIGHT: USER CAPACITY: BORDER: SURFACING:DRAWNBY:SUBGRADE ELEVATION: PG-4 DETAILSDNW 5,155 SF 12' 291 LF CURB 65 5,155 SF PIP -9" BFF BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA RFP NO. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, March 18, 2019- 4:00 p.m. OPEN DATE: Tuesday, March 19, 2019 -1:00 p.m. Issued By: Clay County Board of County Commissioners Purchasing Department TABLE OF CONTENTS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Request for Proposal Advertisement .................................................................................... 3-5 Request for Proposal Instructions ....................................................................................... 6-12 Specifications ..................................................................................................................... 13-17 Bid Forms .......................................................................................................................... 18-20 Sample Quote Sheet ................................................................................................................. 21 Corporate Details ..................................................................................................................... 22 Certification Regarding Debarment ......................................................................................... 23 Scrutinized Companies Certification ....................................................................................... 24 No Bid Statement ..................................................................................................................... 25 Procedures for Bid Opening .............................................................................................. 26-37 Attachments: Form W-9 2 REQUEST FOR PROPOSAL NOTICE NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, March 18, 2019, at the Clay County Administration Building, Fourth Floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Proposals will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, March 19, 2019 in the Clay County Administration Building, Conference Room “B”, Fourth Floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. Proposals submitted will be evaluated by the Finance and Audit Committee. The Finance and Audit Committee of the Board will present its recommendation to the Board of County Commissioners as soon thereafter as possible. At the discretion of the Board of County Commissioners or the Finance and Audit Committee, companies submitting proposals may be requested to make oral presentations as part of the evaluation process. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” to be received until 4:00 P.M., Monday, March 18, 2019. Envelopes are to be submitted in person or delivered by courier to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information concerning procedures for responding to this Bid, contact the Purchasing Department, Donna Fish by email purchasing@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent- bids-rejection-bids. THIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER NOTICE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. A person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list. --------------------------------------------END OF NOTICE----------------------------------------- 4 REQUEST FOR PROPOSAL INSTRUCTIONS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Department of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Green Cove Springs, Florida 32043 Three copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted. The words “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” shall be clearly marked on the front and back of the envelope containing the Proposal. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, March 18, 2019 at 4:00 p.m. and will be opened on Tuesday, March 19, 2019 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room “B”, Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be “clocked” at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a written or faxed request by the Bidder and received by the Purchasing Department before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modify a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Questions: Any questions regarding this RFP must be directed to Donna Fish (the authorized contact person) via email at purchasing@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by March 6, 2019. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this information has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact rule set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County’s evaluation committee. 6. Additional Evaluation: The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. 8. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to make award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 9. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 10. No Bid: Each company not intending to respond to this Bid should reply with a written “No Bid Statement”. Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 11. Bid Errors: Where Bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 12. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 7 13. Bid Protests: Any company affected adversely by the County’s decision may file with the County Purchasing Department a “Notice of Protest” in writing within 72 hours after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a formal protest proceeding within the time frame and in the manner prescribed in Section 8 (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a formal protest proceeding under said policy. The County’s Purchasing Policy may be viewed at the County’s website by following the appropriate links from the Homepage. 14. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the “Convicted Vendor List”. 15. Debarment: By submitting a Proposal, the Bidder certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 16. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 17.Scrutinized Companies Certification: In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included Scrutinized Companies Certification Form must be completed and returned as part of the bid submittal. 18. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 8 19. Copyright Restrictions: Both the County seal and the County logo are being registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 20. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Department with proof of the following insurance: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by Contract-per occurrence $ 1,000,000 9 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the project and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance coverage to the County naming “Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insured.” Said certificates of insurance shall also include a thirty- day prior written notice of cancellation, modification or non-renewal to be provided to the County. 22. Performance and Payment Bond Requirements: Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 23. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 24. Business Registration Requirement: In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that vendor. Failure to be registered may be cause for disqualification. Contact the Division of Corporations at (850) 245-6000. Online-filing is available at: http://dos.myflorida.com/sunbiz 25. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state certification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration 10 dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. The following licensing requirements shall apply when applicable (Contractor Prequalification): Florida Law and Rules of the State of Florida, Department of Transportation, require contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- admin/PreQual_Info/prequalified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. 26. Qualification: The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who’s present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may reject any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Bid. 27. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 28. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Department. To be given consideration, such requests must be received no later than March 6, 2019. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, by completion of the applicable information on the Addendum, and submitting it with the Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County’s sole discretion. 29. Conflict of Interest: The award hereunder is subject to Chapter 112, Florida Statutes. All proposers must disclose with their Proposal, any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County Commissioners. Further, all proposers must disclose the name of any Clay County Board of County Commissioners employee who owns, directly or indirectly, an interest of the proposer’s firm or any of its branches. 30. Use of Contract by Other Government Agencies: At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Bidder to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 31. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 32. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 33. At the discretion of the Board of County Commissioners any Committee contemplated herein, Vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. 12 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub-contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog 13 submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the - American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the - National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. 14 Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: 15 • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. 16 RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. 17 BID FORM RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Bidder: Address: City, State and Zip: Phone: Email: Contact Name(s): Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): (MULTIPLE SHEETS CAN BE USED) 18 RFP #18-19-2, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED: Is there a warranty on the equipment proposed? Yes No Does the warranty apply to ALL components or only part? (State Explicitly) Parts Warranty Period: Service Warranty Period: Nearest source for parts and/or service center (s): Name, address and phone number of the authorized service center (s): 1) 2) 3) Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: Yes No Name of Bidder: Signature Title Phone Number (MULTIPLE SHEETS CAN BE USED) 20 Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at . Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS CORPORATE DETAIL Failure to complete all fields may result in your bid being rejected as non-responsive. COMPANY NAME: ____________________________________________________ ADDRESS: ____________________________________________________ ____________________________________________________ ____________________________________________________ TELEPHONE: ____________________________________________________ FAX #: ____________________________________________________ E-MAIL: ____________________________________________________ Name of Person submitting Bid: ___________________________________________ Title: ___________________________________________ Signature: ___________________________________________ Date: __________________________________________ ADDENDA ACKNOWLEDGMENT: Bidder acknowledges receipt of the following addendum: Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ Addendum No. _____ Date: __________ Acknowledged by: _________________________ 22 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS (1) The prospective Vendor, ________________________________, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2) Where the Vendor is unable to certify to the above statement, the prospective Vendor shall attach an explanation to this form. Vendor: ______________________________________________ By: ___________________________________________ Signature _______________________________________________ Name and Title _______________________________________________ Street Address _______________________________________________ City, State, Zip ________________________________ Date 23 Scrutinized Companies Certification [Clay County RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS] Name of Company:1 _______________________________________________ In compliance with subsection (5) of Section 287.135(5), Florida Statutes (the Statute), the undersigned hereby certifies that the company named above is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. (Seal) Insert Name of Company: By: Its 1 “Company” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. 24 “NO BID” Statement RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of Bids to: Clay County Purchasing Department, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Remarks: _________________________________________________________________________ ______________________________________________________________________ Company Name: Telephone #:_____________________ Signature: Fax #: ________________________ Print Name: Title: __________________________ Address: _________________________________________________________________ City: Zip: _______________________________________ 25 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all formal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing department, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing department will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of publication of the bid solicitation is received and filed by the Purchasing department. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the forms provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title of the bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing department, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Form thereof. Three copies of each request for bid shall be submitted to the Purchasing department for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget information and alternatives. All staff assigned to evaluate bid and RFP responses shall do so observing all requirements of the Sunshine Law and 26 in meetings noticed at least 72 hours in advance thereof. The Purchasing department shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board’s Finance committee following the bid opening. The Committee should, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County’s Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing department shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable to the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have been rejected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing. (1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/return receipt requested, said return receipt to be returned to the Purchasing department identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing department, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 27 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seeking prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing department with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing department shall immediately record the date and time thereof. The Purchasing department shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing department shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the return of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(I) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverage as required by Florida law 28 c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insureds.” Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal pertaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: [insert bid notice web address1]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert County’s homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent-bids-rejection- bids 2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: http://www.claycountygov.com/. 3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”. 29 PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All Bids” to be posted on the County’s website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder’s right to protest the bid solicitation, any addendum thereto, the Board’s bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for determining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County’s website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 30 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a formal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be permitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. 11. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party’s authorized agent, and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided, a department head who is substantially involved in or connected with the bid solicitation or bid award process shall be deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 31 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney’s Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be deferred to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting party, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the hearing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or referring to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heard on the substantive issues bearing on the protest. The County shall be deemed a party to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding, appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Hearsay evidence shall be admissible unless the hearing officer shall determine the same to be redundant, unreliable or prejudicial. g. At the hearing any hearing participant may offer appropriate argument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiary portion of the hearing, if any. 32 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence introduced at the hearing to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certain, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any finding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the finding of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute final action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a hearing participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board’s decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary rules of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishing a fair, just and expeditious resolution of the protest. 33 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County’s rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first determines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rejecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a determination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 34 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant’s procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modify or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party’s authorized agent. No notice or petition may be filed by facsimile transmission or by e-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shall be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than 1 inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 ½” diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 35 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (O) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09/10-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the publication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. 36 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent any one bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 37 BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA RFP NO. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, March 18, 2019- 4:00 p.m. OPEN DATE: Tuesday, March 19, 2019 -1:00 p.m. Issued By: Clay County Board of County Commissioners Purchasing Department TABLE OF CONTENTS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Request for Proposal Advertisement .................................................................................... 3-5 Request for Proposal Instructions ....................................................................................... 6-12 Specifications ..................................................................................................................... 13-17 Bid Forms .......................................................................................................................... 18-20 Sample Quote Sheet ................................................................................................................. 21 Corporate Details ..................................................................................................................... 22 Certification Regarding Debarment ......................................................................................... 23 Scrutinized Companies Certification ....................................................................................... 24 No Bid Statement ..................................................................................................................... 25 Procedures for Bid Opening .............................................................................................. 26-37 Attachments: Form W-9 2 REQUEST FOR PROPOSAL NOTICE NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, March 18, 2019, at the Clay County Administration Building, Fourth Floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Proposals will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, March 19, 2019 in the Clay County Administration Building, Conference Room “B”, Fourth Floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. Proposals submitted will be evaluated by the Finance and Audit Committee. The Finance and Audit Committee of the Board will present its recommendation to the Board of County Commissioners as soon thereafter as possible. At the discretion of the Board of County Commissioners or the Finance and Audit Committee, companies submitting proposals may be requested to make oral presentations as part of the evaluation process. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” to be received until 4:00 P.M., Monday, March 18, 2019. Envelopes are to be submitted in person or delivered by courier to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information concerning procedures for responding to this Bid, contact the Purchasing Department, Donna Fish by email purchasing@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent- bids-rejection-bids. THIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER NOTICE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. A person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list. --------------------------------------------END OF NOTICE----------------------------------------- 4 REQUEST FOR PROPOSAL INSTRUCTIONS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Department of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Green Cove Springs, Florida 32043 Three copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted. The words “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” shall be clearly marked on the front and back of the envelope containing the Proposal. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, March 18, 2019 at 4:00 p.m. and will be opened on Tuesday, March 19, 2019 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room “B”, Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be “clocked” at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a written or faxed request by the Bidder and received by the Purchasing Department before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modify a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Questions: Any questions regarding this RFP must be directed to Donna Fish (the authorized contact person) via email at purchasing@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by March 6, 2019. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this information has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact rule set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County’s evaluation committee. 6. Additional Evaluation: The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. 8. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to make award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 9. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 10. No Bid: Each company not intending to respond to this Bid should reply with a written “No Bid Statement”. Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 11. Bid Errors: Where Bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 12. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 7 13. Bid Protests: Any company affected adversely by the County’s decision may file with the County Purchasing Department a “Notice of Protest” in writing within 72 hours after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a formal protest proceeding within the time frame and in the manner prescribed in Section 8 (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a formal protest proceeding under said policy. The County’s Purchasing Policy may be viewed at the County’s website by following the appropriate links from the Homepage. 14. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the “Convicted Vendor List”. 15. Debarment: By submitting a Proposal, the Bidder certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 16. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 17.Scrutinized Companies Certification: In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included Scrutinized Companies Certification Form must be completed and returned as part of the bid submittal. 18. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 8 19. Copyright Restrictions: Both the County seal and the County logo are being registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 20. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Department with proof of the following insurance: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by Contract-per occurrence $ 1,000,000 9 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the project and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance coverage to the County naming “Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insured.” Said certificates of insurance shall also include a thirty- day prior written notice of cancellation, modification or non-renewal to be provided to the County. 22. Performance and Payment Bond Requirements: Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 23. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 24. Business Registration Requirement: In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that vendor. Failure to be registered may be cause for disqualification. Contact the Division of Corporations at (850) 245-6000. Online-filing is available at: http://dos.myflorida.com/sunbiz 25. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state certification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration 10 dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. The following licensing requirements shall apply when applicable (Contractor Prequalification): Florida Law and Rules of the State of Florida, Department of Transportation, require contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- admin/PreQual_Info/prequalified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. 26. Qualification: The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who’s present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may reject any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Bid. 27. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 28. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Department. To be given consideration, such requests must be received no later than March 6, 2019. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, by completion of the applicable information on the Addendum, and submitting it with the Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County’s sole discretion. 29. Conflict of Interest: The award hereunder is subject to Chapter 112, Florida Statutes. All proposers must disclose with their Proposal, any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County Commissioners. Further, all proposers must disclose the name of any Clay County Board of County Commissioners employee who owns, directly or indirectly, an interest of the proposer’s firm or any of its branches. 30. Use of Contract by Other Government Agencies: At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Bidder to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 31. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 32. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 33. At the discretion of the Board of County Commissioners any Committee contemplated herein, Vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. 12 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub-contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog 13 submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the - American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the - National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. 14 Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: 15 • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. 16 RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. 17 BID FORMRFPNo.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS Bidder:Rep Services,Inc. Address:581 Technology Park.Suite 1QQ9 City,State and Zip:Lake Mary FL 32746 Phone:407-831-9653 Email:nathan@repservices.com Contact Name(s):Nathan AlmonAfa Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Landscape Structures Playground Equipment Fixed Percentage Discount off MSRP:2% Custom equipment priced per project and is not included in standard price list. Installation (Fixed Percentage of cost after discounts of equipment):50% tz± Manufacturer:Skyways Shade Fixed Percentage Discount off MSRP:2% Custom shade priced per project Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs,or permitting,. Manufacturer:USA Shade Fixed Percentage Discount off MSRP:2% Custom shade priced perproject. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs or permitting. Manufacturer:Poiigon/Parasol Shade Fixed Percentage Discount off MSRP:2%Shades &shelters priced as custom. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs or permitting. (MULTIPLE SHEETS CAN BE USED) 18 BID FORM RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Bidder:Rep Services,Inc. Address:581 Technology Park City,State and Zip:Lake Mary FL 32^46 Phone:407-831-9658 Email:nathan@repservices.com Contact Name(s):Nathan Aimon r\ f '&.ZSJ Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Aquatix Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):100% Manufacturer:Porter/Poligon Shelters Fixed Percentage Discount off MSRP:2% Shelters priced as custom per project. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not induce foundations,concrete slabs or permitting. Manufacturer:DuMor Site Furnishings Fixed Percentage Discount off MSRP:2% Custom equipment priced separately and is not included in standard price list Installation (Fixed Percentage of cost after discounts of equipment):50% Manufacturer:Anova Site Furnishings Fixed Percentage Discount off MSRP:2% Custom equipment priced separately and is not included in standard price list. Installation (Fixed Percentage of cost after discounts of equipment):50% (MULTIPLE SHEETS CAN BE USED) 18 BID FORM RFP No.18/19-2.VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS Bidder:Rep Services,inc. Address:581 Technology Park City,State and Zip:Lake Mary.FL Phone:407-831-9658 Email:nathan@repservices.com Contact Namefsl:Nathan Almon /0 /» i Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Hanover Specialites Poured in place Safety Surfacinfl-EPDM,Bondflex &Granuflex Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):Installation included in price per SF Manufacturer:No Fault Safety Surfacing Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):lnstrlht:o-included in price per SF Manufacturer:ForeverLawr. Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):Installation included in price per SF Manufacturer:Irvine Wood Recovery Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):50% (MULTIPLE SHEETS CAN BE USED) 18 RFP #18-19-2, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED:See attached warranties Is there a warranty on the equipment proposed?X Yes No Does the warranty apply to ALL components or only part?(State Explicitly) See attached warranties Parts Warranty Period:Service Warranty Period: Nearest source for parts and/or service center (s): Rep Services,Inc.581 Technology Park,Suite 1009.Lake Mary FI 32746 Contact Carrie Humbert.Phone-407-915-7855.E-mail-chumbert@repservices.com Name,address and phone number of the authorized service center (s): 1)See above 2) 3) Name,address and phone number of the authority issuing this warranty:(Manufacturer,Distributor,etc.) See attached warranties COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH:_X Yes No Name of Bidder:Nathan Almon Signature Title President Phone Number 407-831-9658 (MULTIPLE SHEETS CAN BE USED) 20 Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at . Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS CORPORATE DETAIL Failure to complete all fields may result in your bid being rejected as non-responsive. COMPANY NAME:Rep Services,Inc, ADDRESS:581 Technology Park,Suite 1009 Lake Mary,FL 32745 TELEPHONE:407-831-9658 FAX #: E-MAIL: 866-232-8532 nathan@repservices.com Name of Person submitting Bid:Nathan Almon Title:President Signature: Date: ADDENDA ACKNOWLEDGMENT: Bidder acknowledges receipt of the following addendum: Addendum No.Date:Acknowledged by: Addendum No.Date:Acknowledged by: Addendum No.Date:Acknowledged by: 22 Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion Form RFP No.18/19-2.VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS (1)The prospective Vendor,Rep Services,hr-,certifies,by submissionofthisdocument,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2)Where the Vendor is unable to certify to the above statement,the prospective Vendor shall attach an explanation to this form. Vendor: Rep Services,Inc. By:</L Signature Nathan Almon/President Name and Title 581 Technology Park.Suite 1009 Street Address Lake Mary,FL 32746 City,State,Zip Date 23 Scrutinized Companies Certification [Clay County RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS1 Name of Company:1 Rep Services,Inc. In compliance with subsection (5)of Section 287.135(5),Florida Statutes (the Statute),the undersigned hereby certifies that the company named above is not participating in a boycott of Israel as defined in subsection (1)of the Statute;is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2)of the Statute;and does not have business operations in Cuba or Syria as defined in subsection (1)of the Statute. Insert Name of Company: Rep Services,Inc. (Seal) By:Nathan Alnon si Its President 1 “Company”means a sole proprietorship,organization,association,corporation,partnership,joint venture,limited partnership,limited liability partnership,limited liability company,or otherentity or business association,including allwhollyownedsubsidiaries,majority-owned subsidiaries,parent companies,or affiliates of such entities or businessassociations,that exists for the purpose of making profit. 24 “NO BID” Statement RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of Bids to: Clay County Purchasing Department, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Remarks: _________________________________________________________________________ ______________________________________________________________________ Company Name: Telephone #:_____________________ Signature: Fax #: ________________________ Print Name: Title: __________________________ Address: _________________________________________________________________ City: Zip: _______________________________________ 25 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all formal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing department, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing department will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of publication of the bid solicitation is received and filed by the Purchasing department. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the forms provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title of the bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing department, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Form thereof. Three copies of each request for bid shall be submitted to the Purchasing department for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget information and alternatives. All staff assigned to evaluate bid and RFP responses shall do so observing all requirements of the Sunshine Law and 26 in meetings noticed at least 72 hours in advance thereof. The Purchasing department shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board’s Finance committee following the bid opening. The Committee should, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County’s Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing department shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable to the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have been rejected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing. (1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/return receipt requested, said return receipt to be returned to the Purchasing department identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing department, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 27 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seeking prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing department with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing department shall immediately record the date and time thereof. The Purchasing department shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing department shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the return of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(I) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverage as required by Florida law 28 c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insureds.” Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal pertaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: [insert bid notice web address1]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert County’s homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent-bids-rejection- bids 2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: http://www.claycountygov.com/. 3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”. 29 PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All Bids” to be posted on the County’s website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder’s right to protest the bid solicitation, any addendum thereto, the Board’s bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for determining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County’s website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 30 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a formal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be permitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. 11. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party’s authorized agent, and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided, a department head who is substantially involved in or connected with the bid solicitation or bid award process shall be deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 31 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney’s Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be deferred to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting party, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the hearing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or referring to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heard on the substantive issues bearing on the protest. The County shall be deemed a party to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding, appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Hearsay evidence shall be admissible unless the hearing officer shall determine the same to be redundant, unreliable or prejudicial. g. At the hearing any hearing participant may offer appropriate argument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiary portion of the hearing, if any. 32 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence introduced at the hearing to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certain, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any finding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the finding of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute final action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a hearing participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board’s decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary rules of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishing a fair, just and expeditious resolution of the protest. 33 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County’s rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first determines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rejecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a determination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 34 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant’s procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modify or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party’s authorized agent. No notice or petition may be filed by facsimile transmission or by e-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shall be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than 1 inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 ½” diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 35 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (O) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09/10-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the publication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. 36 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent any one bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 37 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD REPSE-1 OP ID: FRCA 08/09/2018 Peter Katauskas Alexander Insurance Agency 541 S. Orlando Ave., Suite 206 Maitland, FL 32751 Peter Katauskas 407-629-4825 407-629-5407 pkatauskas@alexfinancial.com Hartford Insurance Co of SE Hartford Insurance CompanyRep Services, Inc. 581 Technology Park #1009 Lake Mary, FL 32746-6239 Travelers Indemnity Co of Amer Evanston Insurance Company Lloyd's A X 1,000,000 X 21SBABK3355 08/01/2018 08/01/2019 500,000 X 10,000 1,000,000 2,000,000 see below 1,000,000B X 21UECHV0794 08/01/2018 08/01/2019 X X XX 5,000,000D MKLV3EUL100843 08/01/2018 08/01/2019 5,000,000 10,000X XC UB-3J747620 08/01/2018 08/01/2019 1,000,000N1,000,000 1,000,000 D 3C32545 08/01/2018 08/01/2019 Occ/Agg $1m/$2M E Errors & Omissions ANE1939938 04/26/2018 04/26/2019 Claim/Agg $1M/$1M Proj: 2 CLAYCOB Clay County Board of County Commissioners 477 Houston Street Green Cove Springs, FL 32043 407-629-4825 38261 22357 25666 35378 Business Owners Products & C/Ops Playground Turf (Engineered Wood Fiber) 2019 Price List Price per cubic yard: $30.00 Price does not include delivery or installation. Specifications for Playground Turf IPEMA Certified to ASTM F1292-04 Head Impact Attenuation Testing Required for IPEMA Certification IPEMA Certified to ASTM F 2075-04 Sieve Analysis Testing Required for IPEMA Certification Tramp Metal Testing, ASTM 2075/4.6 Required for IPEMA Certification ADA WHEELCHAIR ACCESSIBILITY ASTM F1951-99 Tested to 12” of thickness from a 12’ fall height 100% Pre-Consumer Recycled Virgin Material 3,000,000 Liability Insurance Written Quality Assurance Program Installation Instructions Installation is not included in price above RFP No.18/19-2 Playground Grass Safety Surfacing Price List ForeverLawn Extreme: No Fall Height - $12.40 6’ Critical Fall Height - $14.80 6’ t 8’ Critical Fall Height - $17.15 8’ to 10’ Critical Fall Height - $18.70 10’ to 12’ Critical Fall Height - $18.70 ForeverLawn Ultra No Fall Height - $13.75 6’ Critical Fall Height - $16.20 6’ to 8’ Critical Fall Height - $18.50 8’ to 10’ Critical Fall Height - $20.15 10’ to 12’ Critical Fall Height - $20.15 Robertson Industries (Tot Turf) No Fall Height - $12.40 4’ Critical Fall Height - $16.05 6’ t 8’ Critical Fall Height - $17.55 8’ to 10’ Critical Fall Height - $18.55 10’ to 12’ Critical Fall Height - $18.55 RFP No.18/19-2 Poured in Place & Bonded Rubber Safety Surfacing Price List Pricing is based on a minimum of 2000 SF. Areas smaller than 2000 SF are priced individually. Robertson Recreational Surfaces 50%black/50%standard Color Blend: 4’ CFH - $14.50 per SF 5’ CFH - $15.00 per SF 6’ CFH - $15.00 per SF 8’ CFH - $16.50 per SF 9’ CFH - $16.75 per SF 10’ CFH - $17.25 per SF 12’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF Hanover Specialties. Vitriturf 50%black/50%standard Color Blend: 4’ CFH - $14.50 per SF 5’ CFH - $15.00 per SF 6’ CFH - $15.00 per SF 8’ CFH - $16.50 per SF 9’ CFH - $16.75 per SF 10’ CFH - $17.25 per SF 12’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF No Fault Sports Group 50%black/50%standard Color Blend: 6’ CFH - $16.00 per SF 7’ CFH - $17.00 per SF 8’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF Signed: President Date:01/01/2019 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanism, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. 2019 Play Equipment Warranty You have our word. Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #253306 ©2019 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2114 Signed:Date:01/01/2019 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 20-Year Limited Warranty On all SkyWays® and CoolToppers® steel components against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On SkyWays® and CoolToppers® fabric and thread against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. This warranty is limited to the design loads as stated in the manual. Should the fabric need to be replaced under the warranty, Manufacturer will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated at 18% per annum over the last 4 years. This warranty applies to standard colors only. 3-Year Limited Warranty On all other parts, including Rapid Release®, against failure due to corrosion/natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the equipment is erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. Maintenance is particularly critical in regions where dirt and/or sand may cause abrasion of the fabric. This warranty is void if conditions exceed local building codes. 2019 SkyWays® and CoolToppers® Shade Warranty You have our word. President Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2-D and 3-D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #253307 ©2019 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2115 M ENU SEARCH Warranty Information Statement of Limited Warranty for USA SHADE Products 1. The structural integrity of all supplied steel is warranted for ten years. 2. If assembly is provided by the Company, workmanship covering the labor for the removal, assembly, and cost of shipping will be covered for one year. 3. All steel surface finishes are warranted for one year. 4. Shadesure™, Colourshade ® FR, Extreme 32™, Commercial 95™, SaFRshade™ and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter prorated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms: Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year prorated warranty; Fabrics attached to Coolbrella structures carry a three year warranty; Individual fabric tops measuring greater than 40’ in length are covered by a non prorated five year warranty; Precontraint 502™ waterproof material is subject to an eight year prorated warranty 5. Sewing thread is warranted for ten years. General Limited Warranty Terms and Conditions These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Signoff” form. In its sole discretion, the Company will repair and/or replace defective structures, products, or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color. Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough onsite inspection performed by a Company representative. Please contact the company at warranty@usa shade.com for more details. All warranty claims covering Companysupplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect, and must include a detailed description and photographs of the alleged defect or problem. Warranty claims should be submitted by email to: warranty@usashade.com. Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. These limited warranties are void if: the supplied structures, products, services and/or labor are not paid for in full; the structures are not assembled in strict compliance with USA SHADE specifications; any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company— specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. These limited warranties do not cover defects and/or damages caused by: normal wear and tear; misuse, willful, or intentional damage, vandalism, contact with chemicals, cuts, or Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.); ice, snow, or wind loads in excess of the designed load parameters engineered for the supplied structures; use, maintenance, neglect, repair and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order. The limited warranties explicitly exclude: workmanship related to assembly not provided by the Company or its agents; fabric curtains, valances, and flat vertical panels; fabric canopies installed on structures that were not engineered and originally supplied by the Company. THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT G REATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Colourshade ® and Extreme 32™ are registered trademarks of Multiknit Pty. Ltd. Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc. Monotec 370™ is a registered trademark of PROKNIT Industries Pty. Ltd. Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. ©2017 Shade Structures, Inc. All rights reserved. 7.2fm19 8/14/18 Porter Corp Limited Warranty and Limitations Porter Corp provides a 10-year pro-rated limited warranty from shipping date with the following limitations. Porter Corp limits its warranty to the supply of materials that will assemble according to sealed engineered drawings and installation instructions, and can be assembled with normal expertise and with tools required and found in the construction trades. It is expressly understood that Porter Corp’s liability be limited to repair or replacement of nonconforming material at time of delivery. Porter Corp does not warrant product for defects caused by erection, harsh site conditions, lack of maintenance, and/or other conditions beyond Porter Corp’s control. Porter Corp will not be held responsible for any materials that were not properly stored prior to installation. Porter Corp reserves the right to void the limited warranty if it not installed per the installation instructions and/or unauthorized modifications. Porter Corp shall not be held liable for field alterations. Porter Corp shall only be liable for meeting the building code indicated on the sealed engineered drawings. Any replacement part under warranty is warranted for the remaining original warranty period or six (6) months, whichever is longer. Under certain conditions (snow, wind, and the like), Fabric tops may be required to be taken down. The sealed engineered drawings and installation instructions will need to be referenced for design parameters. Porter Corp shall not be responsible to cover damage caused by failure to remove the top as required. This Limited Warranty supersedes all other warranties expressed or implied. The warranty on items not manufactured by Porter Corp (i.e. metal roofing, shingles, wood shelters, fabric and thread as applicable), will be as passed through Porter Corp’s supplier as per their warranty; contact Customer Service for this Supplier Warranty. This Limited Warranty is conditional upon payment in full to Porter Corp within terms. Liability under this Warranty is limited in that it shall not exceed the original sales price of the components as supplied by Porter Corp. 7.2fm19 8/14/18 Poli-5000 Paint System 10 Year Limited Warranty for Structural Steel Shelters This limited warranty is for the factory applied Poli-5000 powder coating.Poli-5000 powder coat paint system by Porter Corp of Holland, Michigan has been applied to steel entirely as an ‘in-house” process. Poli-5000 finish has been applied over hot rolled structural steel parts and has been tested to meet or exceed the ASTM Standards illustrated in Figure 1. This pro-rated limited 10 year warranty is intended to define the obligations and limitations of the purchaser as well as the obligations and limitations of the supplier. This limited warranty is only valid if Porter Corp has been paid in full for the cost of the shelter. Damage occurring from shipping, erection, vandalism, accidents, or field modifications will require field touch-up immediately and periodically thereafter, which is not covered in this limited warranty. Exposed nuts and bolts will either be supplied with a light plating or powder coating. It is the responsibility of the contractor to paint and/or touch up the nuts and bolts after erection and these must be maintained by the customer. The 10-year limited warranty will exclude buildings erected at sites where salt air, corrosive environment, high humidity or sprinkler systems come in contact with the shelter. Failure to maintain finish system with annual touch-up and documented maintenance procedures will void the limited warranty. Not covered by this limited warranty are acute angles, end plates, and other accessories that are prone to minor defects on occasions and will require touch-up by owner. Failure of the coating will be defined when at least 8% of the total coated surface has significant loss of performance or appearance characteristics when compared to the original finish. Rust stains from roof trim, screws, and screw holes do not constitute a failure. If a claim is made for paint failure a complete document must be provided by the owner. If a site visit is required by Porter Corp the travel expenses will be covered by the customer prior to travel taking place. However, should the failure be determined to be under the limited warranty the customer will be reimbursed for these expenses. In the case of a failed paint system, Porter Corp will repaint the structure with its best in-house system providing that the owner dismantles the structure and returns it to Porter Corp. Porter Corp will refinish the structure and ship it back to job site at their expense. The refinishing will not extend the original warranty of the paint system. The owner is responsible for erecting the building at their expense. As an alternative, Porter Corp will pay customer up to the cost of the original paint system on a pro-rated basis for time left of the 10 year limited warranty. 7.2fm19 8/14/18 Poli-5000 Finish System Performance and Specifications Figure 1 Test Description Test Method Poli-5000 Results Salt Spray Resistance ASTM B 117/ ASTM D 1654 Method 2 (scraping) 10,000 hours, no creep from scribe line, rating of 10 Humidity ASTM D2247-02 5,000 hours with no loss of adhesion or blistering Light UV/ Resistance ASTM G154-04 2000 hours exposure. Alternate cycles (4 hours UVC and 4 hours condensation) a) No chalking b) 75% color retention c) Color variation- maximum 3.0 E variation CIE formula (before and after 2,000 hours exposure) Stain Resistance ASTM D1308-02e1 24 hours exposure with 10% concentration No stain from following: Mustard, Tannic Acid, Catsup, Citric Acid, Coffee, Tartaric Acid, Pepsi Cola, Beer, Oleic Acid, Lactic Acid, Orange Juice Scratch Resistance Hoffman Scratch Hardness Tester No substrate appearance with 1,000 gram load Adhesion ASTM D3359-02 ASTM Class 4B rating or better Resistance Impact ASTM D2794-93 10 in-lbs. w/o cracking Hardness ASTM D3363-92a 2H min-no indentation Flexibility ASTM D522-93a 1/8" no cracking/loss of adhesion at bend Abrasion Taber abraser CS10 Wheel (1,000 mg load) 14 mg. max weight loss per cycle Solvent Resistance 50+ MEK rubs Minimal to no dulling or color removal DuMor, Inc. Standard Warranty ALL PRODUCTS MANUFACTURED BY DuMOR, INC., ARE WARRANTIED AGAINST DEFECT IN MATERIALS AND/OR WORKMANSHIP AND IN ACCORDANCE WITH OUR PUBLISHED SPECIFICATIONS. DuMOR, INC. FURTHER WARRANTS OUR PRODUCTS AS FOLLOWS: • LIMITED TWENTY-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF ALL STEEL BENCH FRAMES OR COMPLETE STEEL BENCH ASSEMBLIES, TABLE FRAMES, LITTER RECEPTACLE FRAMES, STEEL PLANTERS AND ALL CAST IRON AND ALUMINUM BENCH SUPPORTS. • LIMITED FIVE-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF DOUGLAS FIR, REDWOOD AND IPE PRODUCTS. • LIMITED TEN-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF RECYCLED PLASTIC—IT IS FURTHER WARRANTIED NOT TO DEGRADE, SPLIT, CRACK, OR SPLINTER DURING THIS PERIOD. • LIMITED 3 YEAR WARRANTY ON STRUCTURAL FAILURE OF ALL BIKE RACKS. • LIMITED ONE-YEAR WARRANTY ON ANY ITEM NOT SPECIFICALLY DISCUSSED ABOVE. THE ABOVE WARRANTIES COMMENCE ON THE DATE OF INVOICE ISSUED FROM DuMOR, INC. SHOULD ANY FAILURE OCCUR WITHIN THE WARRANTY PERIOD, DuMOR, INC. SHALL, UPON WRITTEN NOTIFICATION FROM CUSTOMER, CORRECT THE PART(S) EITHER BY REPAIRING THE DEFECTIVE PART(S) OR BY SUPPLYING A NEW PART(S) WITHIN 60 DAYS OF RECEIPT OF THE WRITTEN NOTIFICATION. DuMOR, INC., SHALL, AT ITS EXPENSE, DELIVER THE REPAIRED OR NEW PART(S) TO THE JOB SITE. HOWEVER, DuMOR, INC., SHALL NOT BE RESPONSIBLE FOR PROVIDING LABOR OR INCURRING THE COST OF LABOR TO REMOVE THE DEFECTIVE PART(S) AND INSTALL THE REPAIRED OR NEW PART(S). ALL REPLACEMENT PARTS SHALL BE GUARANTEED FOR THE BALANCE OF THE ORIGINAL WARRANTY PERIOD. THE WARRANTY IS VALID ONLY IF THE PRODUCTS HAVE BEEN ASSEMBLED AND INSTALLED PER DuMOR, INC., STANDARD INSTALLATION AND ASSEMBLY INSTRUCTIONS PROVIDED WITH EACH SHIPMENT AND IF THE PRODUCTS HAVE BEEN PROPERLY MAINTAINED AND INSPECTED ANNUALLY. THIS WARRANTY DOES NOT COVER CLAIMS FOR ITEMS HAVING BEEN SUBJECTED TO MISUSE, NEGLECT, ACCIDENT, VANDALISM OR THAT HAVE BEEN MODIFIED, ALTERED OR REPAIRED BY ANYONE OTHER THAN DuMOR, INC.; ITS AUTHORIZED REPRESENTATIVE; OR OTHERS DESIGNATED BY DuMOR,INC., TO MODIFY, ALTER, OR REPAIR THE PRODUCT. THIS WARRANTY DOES NOT COVER COSMETIC ITEMS, NOR DOES IT COVER CLAIMS DUE TO CHECKING, SPLITTING AND WARPING, WHICH ARE NATURAL TENDENCIES OF WOOD PRODUCTS. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS. IN ADDITION, NO OTHER WARRANTY, ORAL, WRITTEN OR IMPLIED, MAY BE SUBSTITUTED FOR THE WARRANTY STATED ABOVE. TO THE EXTENT PERMITTED BY LAW, DuMOR, INC., SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL CLAIMS MADE UNDER THE TERMS OF THIS WARRANTY MUST BE RECEIVED IN WRITING ALONG WITH A COPY OF THE ORIGINAL INVOICE. CLAIMS MUST BE SENT TO DuMOR, INC., ATTENTION CUSTOMER SERVICE, P. O. BOX 142, MIFFLINTOWN, PA 17059- 0142. GEG/WARR-STD 4/16 P.O BOX 142 Mifflintown, PA 17059-0142 • 717-436-2106 • 800-598-4018 • Fax:717-436-9839 E-mail: sales@dumor.com • www.dumor.com For warranty questions or claims, contact us at 800-231-1327 or info@anovafurnishings.com. Finish Warranties FUSION ADVANTAGE FINISH: Seven-year warranty against rusting, peeling, chipping, cracking, mold, mildew, fading and defects in materials and/or workmanship. POWDER COATED FINISH: Three-year warranty against rusting, peeling, chipping, cracking, mold, mildew, and defects in materials and/or workmanship; Seven-year warranty against fading. GALVANIZED FINISH: Seven-year warranty against rusting, peeling, chipping, cracking, mold, mildew, fading and defects in materials and/or workmanship. Structural Warranties METAL COMPONENTS: Limited twenty-year structural warranty. GALVANIZED COMPONENTS: Limited twenty-year structural warranty; compliant with ASTM A123. RECYCLED PLASTIC COMPONENTS: Limited twenty-year structural warranty that also covers splitting, fungal decay, and insect damage. THERMORY COMPONENTS: Limited ten-year structural warranty. NATURAL STONE AND ROTOMOLDED PLASTIC COMPONENTS: Limited five-year structural warranty. Product Warranties Banners installed on Anova banner brackets: Three-year warranty. Banners otherwise installed: One-year warranty. Styrene signs: Three-year warranty. Limitations All warranties commence on the date the product is shipped. Structural warranties are only valid if the product has been assembled and installed per the instruction provided with each shipment and item. These warranties do not cover acts of misuse, abuse, accidents, lack of maintenance, vandalism or natural disasters. Any alterations to the product after delivery will void these warranties. Should any failure occur within these periods, Anova will correct the part or parts by repairing or replacing the defective parts. Warranties Sample Warranty Project Name: Main Street USA Playground Owner: Location: City and State: Anytown, USA Date Installation Completed: Contractor: Vitriturf warrants to the owner of the project name described above, subject to the conditions, and limitations stated herein, as follows: That the Vitriturf System will not lose its bond from approved substrates and that the system will be fade-resistant so long as surface integrity is maintained; and that the system will not crack as a result of normal weather conditions and normal traffic pattern use. This warranty does not cover defects or damage caused by failure of the substrate, vandalism or misuse of the system. This system was developed to provide a resilient monolithic cushioned surface. Any other use of this system not explicitly authorized in writing by the company will not be warranted in any manner whatsoever. The foregoing warranty shall continue for a period of (based on specification) year(s) commencing with the date of completion of the above stated system. In order to mitigate any warranty defects the owner, within the warranty period, must provide Vitriturf with written notice of any such defects within thirty (30) days of discovery. The foregoing warranty does not cover defects of damage caused by: (1) structural or design defects; (2) misuse,vandalism, civil disobedience, acts of war; (3) acts of God, including lightning, hurricanes, tornados, earthquakes, fumes, flood, chemical fumes or foreign substances in the atmosphere or by other unusual natural occurrences. The obligations contained hereindo not cover any material used on the system which was not supplied by Vitriturf unless specifically identified above. Any claim of defect in material in the system must be made in writing to Vitriturf as set forth above within the warranty period. This warranty will not cover damage resulting from the application, repair or subsequent work on the surface without written notice from Vitriturf of the methods and materials to be used and the party who will apply those materials. During the term of the warranty, Vitriturf, its agents, employees, and assigns shall have the right to inspect the system during business hours. If Vitriturf or its agents have not been paid by the contractor or owner for this project, the warranty will be null and void due to lack of consideration; however should payment be made in full with all associated late fees and collection fees and costs, the warranty will remain as previously stated from the date of completion. NO FAULT SPORT GROUP, LLC3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: Page 1 of 2 No Fault Sport Group,LLC ("NFSG")warrants to the original purchaser (established as “Customer”above)that the NoFaultSafetySurface("NFSS"),installed under the above referenced Project,will conform to the NFSS specificationsandremainfreefromdefectsinmaterialsandworkmanshipforaperiodoffive(5)years,per the terms and conditionsprovidedherein.This limited warranty is expressly made in lieu of any other warranties and is exclusive to the originalCustomer. This limited warranty shall provide for repairs or replacement of any defective materials or workmanship in the surface area(s)that fail during the warranty period.This warranty shall commence on the date of substantial completion (as established above)and shall provide for one hundred (100%)of the cost to repair or replace the failed area(s)for a period of one year.Thereafter,the warranty covers eighty percent (80%)of the cost to repair the affected areas from the first anniversary of substantial completion until the second anniversary of substantial completion.Thereafter,the warranty covers sixty percent (60%)of the cost to repair the affected areas from the second anniversary of substantial completion until the third anniversary of substantial completion.Thereafter,the warranty covers forty percent (40%)of the cost to repair the affected areas from the third anniversary of substantial completion until the fourth anniversary of substantial completion.Thereafter,the warranty covers twenty percent (20%)of the cost to repair the affected areas from the fourth anniversary of substantial completion until the fifth anniversary of substantial completion,at which date NFSG's obligations under this warranty are terminated. All warranty claims shall be made in writing to NFSG within thirty (30)days of the Customer’s knowledge thereof.The written notification from the Customer shall include the following:the date of the first notice of the failure,details of thefailure,photos of the failed area and a request for a warranty claim meeting with NFSG at the installation site (ifapplicable).NFSG shall determine the validity of all claims after sufficient evidence has been gathered.NFSG shallthenreplace,repair,or make a refund for any claims validated by it.Any refund,credit or allowance provided to theCustomeronawarrantyclaimisexercisableonlyifsaidallowanceisusedtoaccommodatereplacementwithNFSG'sthencurrentsurfacingsystem.NFSG's liability for warranty claims shall in no event exceed the cost of repair orreplacementofsucharea(s)that have failed.Customer agrees that in no event shall NFSG have any liability toCustomer for loss of use or loss of profits or any form of consequential damages. Any dispute as to whether and to what extent there is a NFSS failure and subsequent valid warranty claim within themeaningofthiswarrantyshallbeinitiallydealtwithbyjointinvestigationanddiscussionbetweenNFSGandCustomerinordertoachieveamutuallyagreeablesolution.If a solution cannot be reached within thirty (30)days,then either theCustomerorNFSGmaysubmitthemattertoanaccreditedarbitratorwhoisamemberoftheAmericanArbitrationAssociationandwhoshallmakeadeterminationinaccordancewiththerulesandregulationoftheAmericanArbitration Association. The decision of the Arbitrator shall be binding on both parties. This warranty does not include normal wear and tear,discoloration or fading as a result of ultraviolet rays,shrinkage (which is an inherent characteristic of elastic rubber),any damages to the surface during the curing period,or improper sub-base design or construction,including but not limited to surface cracking along expansion joints or separating from an adjacent border,curb,walkway,or existing surface.If the underlying sub-base materials fail for any reason whatsoever (including hydrostatic pressure,cracking,shifting,heaving),then NFSG's warranty shall be rendered invalid. NFSG is under no obligation or responsibility to repair and/or replace the NFSS product if damaged by lawn and landscaping equipment;vehicular traffic;vandalism (including burns,cuts,gouges,etc.);product misuse,abuse or alteration;improper drainage;improper or lack of maintenance;any foreign residue that may be deposited on thesurface;any foreign matter from surrounding areas (i.e.any substance other than those indicated on NFSG's MSDSsheets)that may be siphoned through,migrated in,lodged in and/or harden the surface;sharp objects (high heels,spikes, etc.); use of unapproved cleaning materials; or acts of God. NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC: Jay Ratelle, Vice President of Operations Warranty issue date: Page 2 of 2 Specifically regarding Underwater,Water Play,and Pool-deck applications,foreign or excessive chemicals in the watercancausepotentialdamagetotheNFSSproductresultinginfading,chalking,bleeding,and/or degradation.Poolchemicalsandwatertreatmentssuchas"Ozone"and chlorine levels with a ppm of greater than 3 will harm anddegradetheNFSS.NFSG will not warrant the NFSS product when foreign or excessive chemicals are used in oraroundthesurfaceinstallation.NFSG will not warrant against mold or mildew caused by improper drainage and/orimproperslopingaroundthepoolarea,sauna area,steam area or shower area.Recommended minimum slope forpositive drainage is 2% for areas over 2000 SF. Customer acknowledges that the limited warranty will be voided if the Customer fails to follow the NFSS Maintenance Guidelines (attached hereto);keep maintenance and impact attenuation testing records;or fails to make payment in a timely manner as per the terms and conditions of the agreed contract.Customer also acknowledges and agrees that it will not,under any circumstance,make alterations to the NFSS product without the written authorization of NFSG.Any unauthorized alteration by the Customer could result in the termination of any existing warranty for the NFSS and shall also give rise to the duty of the Customer to hold harmless,defend and indemnify NFSG from any claim,suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration. WARNING:Surface areas can become extremely hot due to exposure of direct sunlight.Shoes and/or socks must be worn at all times.Customer is responsible for proper supervision of children when in contact with the surface.In addition,warning signs are recommended to be posted in all areas to prevent small children from touching or crawling on to surface areas that may be hot due to extended sun exposure in excessive temperatures.During winter and/orseasonswhentemperaturesfallbelow32°F,the impact attenuation performance of the NFSS system can becompromised.In this case,it is recommended to discontinue use until surface is no longer frozen.No Fault SportGroupassumesnoliabilitytosuchexposureofsurfacingtemperatureasthisshouldbemonitoredpriortouseofsurfacing.No Fault Sport Group also assumes no liability to the expansion and contraction of the surfacing duringfreeze/thaw events. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISESEXCEPTASSTATEDHEREIN.THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED,INCLUDINGTHEIMPLIEDWARRANTIESOFMERCHANTABILITYANDFITNESSFORAPARTICULARPURPOSETHATEXTENDBEYONDTHEWARRANTIESCONTAINEDINTHISDOCUMENT.NFSG SHALL NOT BE LIABLE FORANYINCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISINGUNDER ANY THEORY OF LAW WHATSOEVER. NO FAULT SPORT GROUP, LLC3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: Page 1 of 2 No Fault Sport Group,LLC ("NFSG")warrants to the original purchaser (established as “Customer”above)that the NoFaultSafetySurface("NFSS"),installed under the above referenced Project,will conform to the NFSS specificationsandremainfreefromdefectsinmaterialsandworkmanshipforaperiodoffive(5)years,per the terms and conditionsprovidedherein.This limited warranty is expressly made in lieu of any other warranties and is exclusive to the originalCustomer. This limited warranty shall provide for repairs or replacement of any defective materials or workmanship in the surface area(s)that fail during the warranty period.This warranty shall commence on the date of substantial completion (as established above)and shall provide for one hundred (100%)of the cost to repair or replace the failed area(s)for a period of one year.Thereafter,the warranty covers eighty percent (80%)of the cost to repair the affected areas from the first anniversary of substantial completion until the second anniversary of substantial completion.Thereafter,the warranty covers sixty percent (60%)of the cost to repair the affected areas from the second anniversary of substantial completion until the third anniversary of substantial completion.Thereafter,the warranty covers forty percent (40%)of the cost to repair the affected areas from the third anniversary of substantial completion until the fourth anniversary of substantial completion.Thereafter,the warranty covers twenty percent (20%)of the cost to repair the affected areas from the fourth anniversary of substantial completion until the fifth anniversary of substantial completion,at which date NFSG's obligations under this warranty are terminated. All warranty claims shall be made in writing to NFSG within thirty (30)days of the Customer’s knowledge thereof.The written notification from the Customer shall include the following:the date of the first notice of the failure,details of thefailure,photos of the failed area and a request for a warranty claim meeting with NFSG at the installation site (ifapplicable).NFSG shall determine the validity of all claims after sufficient evidence has been gathered.NFSG shallthenreplace,repair,or make a refund for any claims validated by it.Any refund,credit or allowance provided to theCustomeronawarrantyclaimisexercisableonlyifsaidallowanceisusedtoaccommodatereplacementwithNFSG'sthencurrentsurfacingsystem.NFSG's liability for warranty claims shall in no event exceed the cost of repair orreplacementofsucharea(s)that have failed.Customer agrees that in no event shall NFSG have any liability toCustomer for loss of use or loss of profits or any form of consequential damages. Any dispute as to whether and to what extent there is a NFSS failure and subsequent valid warranty claim within themeaningofthiswarrantyshallbeinitiallydealtwithbyjointinvestigationanddiscussionbetweenNFSGandCustomerinordertoachieveamutuallyagreeablesolution.If a solution cannot be reached within thirty (30)days,then either theCustomerorNFSGmaysubmitthemattertoanaccreditedarbitratorwhoisamemberoftheAmericanArbitrationAssociationandwhoshallmakeadeterminationinaccordancewiththerulesandregulationoftheAmericanArbitration Association. The decision of the Arbitrator shall be binding on both parties. This warranty does not include normal wear and tear,discoloration or fading as a result of ultraviolet rays,shrinkage (which is an inherent characteristic of elastic rubber),any damages to the surface during the curing period,or improper sub-base design or construction,including but not limited to surface cracking along expansion joints or separating from an adjacent border,curb,walkway,or existing surface.If the underlying sub-base materials fail for any reason whatsoever (including hydrostatic pressure,cracking,shifting,heaving),then NFSG's warranty shall be rendered invalid. NFSG is under no obligation or responsibility to repair and/or replace the NFSS product if damaged by lawn and landscaping equipment;vehicular traffic;vandalism (including burns,cuts,gouges,etc.);product misuse,abuse or alteration;improper drainage;improper or lack of maintenance;any foreign residue that may be deposited on thesurface;any foreign matter from surrounding areas (i.e.any substance other than those indicated on NFSG's MSDSsheets)that may be siphoned through,migrated in,lodged in and/or harden the surface;sharp objects (high heels,spikes, etc.); use of unapproved cleaning materials; or acts of God. NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC: Jay Ratelle, Vice President of Operations Warranty issue date: Page 2 of 2 Specifically regarding Underwater,Water Play,and Pool-deck applications,foreign or excessive chemicals in the watercancausepotentialdamagetotheNFSSproductresultinginfading,chalking,bleeding,and/or degradation.Poolchemicalsandwatertreatmentssuchas"Ozone"and chlorine levels with a ppm of greater than 3 will harm anddegradetheNFSS.NFSG will not warrant the NFSS product when foreign or excessive chemicals are used in oraroundthesurfaceinstallation.NFSG will not warrant against mold or mildew caused by improper drainage and/orimproperslopingaroundthepoolarea,sauna area,steam area or shower area.Recommended minimum slope forpositive drainage is 2% for areas over 2000 SF. Customer acknowledges that the limited warranty will be voided if the Customer fails to follow the NFSS Maintenance Guidelines (attached hereto);keep maintenance and impact attenuation testing records;or fails to make payment in a timely manner as per the terms and conditions of the agreed contract.Customer also acknowledges and agrees that it will not,under any circumstance,make alterations to the NFSS product without the written authorization of NFSG.Any unauthorized alteration by the Customer could result in the termination of any existing warranty for the NFSS and shall also give rise to the duty of the Customer to hold harmless,defend and indemnify NFSG from any claim,suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration. WARNING:Surface areas can become extremely hot due to exposure of direct sunlight.Shoes and/or socks must be worn at all times.Customer is responsible for proper supervision of children when in contact with the surface.In addition,warning signs are recommended to be posted in all areas to prevent small children from touching or crawling on to surface areas that may be hot due to extended sun exposure in excessive temperatures.During winter and/orseasonswhentemperaturesfallbelow32°F,the impact attenuation performance of the NFSS system can becompromised.In this case,it is recommended to discontinue use until surface is no longer frozen.No Fault SportGroupassumesnoliabilitytosuchexposureofsurfacingtemperatureasthisshouldbemonitoredpriortouseofsurfacing.No Fault Sport Group also assumes no liability to the expansion and contraction of the surfacing duringfreeze/thaw events. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISESEXCEPTASSTATEDHEREIN.THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED,INCLUDINGTHEIMPLIEDWARRANTIESOFMERCHANTABILITYANDFITNESSFORAPARTICULARPURPOSETHATEXTENDBEYONDTHEWARRANTIESCONTAINEDINTHISDOCUMENT.NFSG SHALL NOT BE LIABLE FORANYINCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISINGUNDER ANY THEORY OF LAW WHATSOEVER. A warranty is only as good as the company behind it. That is why the ForeverLawn warranty is the best in the industry. With over ten years and tens of thousands of successful projects, ForeverLawn is proud to offer another ground-breaking industry first: the ForeverLawn Closed Loop Warranty System (CLWS). What makes our warranty superior? • Ultimate satisfaction • True peace of mind • Online warranty registration • Superior tracking • Full transferability • Closes the loop between customer, installer and manufacturer • From a company older than the warranty being offered The ForeverLawn CLWS isn’t just a collection of words on paper, it is a thorough warranty system backing up a superior synthetic grass product. What else would you expect from a company built on integrity, quality, and innovation? “Because integrity is a core value of ForeverLawn, we stand behind every promise we make.” M0920 Rev. 03/17 Closed Loop Warranty System - A warranty you can trust Our commitment goes beyond the paper. Playground Turf by Irvine Wood Recovery Limited Warranty This limited warranty applies to Irvine Wood Recovery’s Engineered Wood Fiber product Playground Turf. Playground Turf is warranted to meet the following specifications: IPEMA Certified to ASTM F1292-04 Head Impact Attenuation Testing IPEMA Certified to ASTM F 2075-04 Sieve Analysis Testing Tramp Metal Testing, ASTM 2075/4.6 ADA WHEELCHAIR ACCESSIBILITY ASTM F1951-99 Tested to 12” of thickness from a 12’ fall height 100% Pre-Consumer Recycled Virgin Material 3,000,000 Liability Insurance 165 W. Jessup Avenue Longwood, FL 32750-4146 PH: 407-831-9658 FAX: 866-232-8532 info@repservices.com www.repservices.com Clay County Purchasing Contract -- Original Bid for RFP No. 18/19-2 expired on 05/22/2022, with an option for renewal. Attached are the following: Documents submitted by Rep Services for Renewal 5/17/2022 Clay County Finance and Audit Committee Meeting Minutes for consent agenda 5/24/2022 Board of County Commissioners Meeting Minutes for approved motion Original Notice of Intent to Award May 2019 YES RFP No. 18/19-2 165 W Jessup Ave Longwood FL 32806 4/27/2022 FINANCE AND AUDIT COMMITTEE MEETING MINUTES May 17, 2022Administration Building,4th Floor, BCC Meeting Room, 477 Houston Street,Green Cove Springs, FL 320431:00 PM PUBLIC COMMENTS Chairman James Renninger called the meeting to order at 1:02 pm. Chairman James Renninger opened the floor for the public comment at 1:03 pm. Hearing no comments, Chairman James Renninger closed the public hearing at 1:03 pm. BUSINESS 1. Award of Bid No. 21/22-36, Right-Of-Way Mowing (North) (RE-BID) and Accompanying Agreement (T.Gardner) 1)Approval to post notice of intent and award Bid No. 21/22-36, Right- of-Way Mowing (North) RE-BID to Greenway Lawn & Landscape, LLC. at the unit prices listed in the bid proposal for litter removal, edging, mowing and trimming. Approval will be effective after the 72 hour period of protest has expired. 2)Additional approval of the accompanying Agreement with Greenway Lawn & Landscape, LLC for the term of 24 months, at the unit prices listed in Attachment C. Funding Source: Transportation Trust Fund - Public Works - Repairs and Maintenance After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. 2. Award of Bid No. 21/22-37, Right-Of-Way Mowing (South) (RE-BID) and Approval of Accompanying Agreement (T.Gardner) Page 1 of 5 1)Approval to post notice of intent and award Bid No. 21/22-37, Right- of-Way Mowing (South) RE-BID to Greenway Lawn & Landscape, LLC. at the unit prices listed in the bid proposal for litter removal, edging, mowing and trimming. Approval will be effective after the 72 hour period of protest has expired. 2)Additional approval of the accompanying Agreement with Greenway Lawn & Landscape, LLC for the term of 24 months, at the unit prices listed in Attachment C. Funding Source: Transportation Trust Fund - Public Works - Repairs and Maintenance After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. 3. Rejection of bid submittals for Bid No. 20/21-45, CR 220 At Town Center Blvd. Intersection Improvement Project (K. Smith) Approval to reject the two bids received for Bid No. 20/21-45, CR 220 At Town Center Blvd. Intersection Improvement Project due to budget concerns. Both bids received are over budget. This project is funded by a Local Agency Program Agreement with FDOT. The project will be re- bid allowing for additional time to secure construction materials and complete the project. After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. 4. First Renewal to RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds (K.Smith/J.Pierce) Approval of first renewal of RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds for one year. This is an annual RFP for purchase and installation of playground equipment, repair parts and ballfield lighting as needed at parks county wide. The RFP is awarded to multiple Distributors and provides a percentage discount off MSRP pricing as well as an installation discount. After discussion, Chairman James Renninger recommended the Board Page 2 of 5 place this agenda item on its May 24, 2022, consent agenda. Vice- Chairman Kristen Burke seconded the recommendation, which carried 2- 0. 5. Memorandum of Understanding with Jacksonville Transportation Authority Re: Transit Study (T.Nagle) Approval of Memorandum of Understanding with Jacksonville Transportation Authority (JTA) agreeing to enter into a cooperative relationship to conduct a Clay County Transit Study to better understand the needs of commuters in the study area. The County will reimburse JTA once the Study is completed. The County and JTA agree to split the cost of the Study equally 50/50. In no event shall the County's nor JTA's portion of the cost exceed $100,000. JTA is responsible for properly procuring the contractor to perform the study. The study shall be completed by January 2023. Funding Source: Capital Improvement Plan (CIP) Projects Fund - Non Capital Improvement Element - Transit Study - Infrastructure After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. 6. Budget Resolutions for Grant Awards (M. Mosley) Approval of the following two (2) budget resolutions for grant awards under $50,000: 1. Humanities Grant for Libraries-ARPA: $10,000 awarded by the American Libraries Association (National Endowment for the Humanities) to support humanities public programming. Funding Source: General Fund Grant Revenue / Federal Grants - Culture and Recreation 2. FDOT Local Agency Program Agreement #G1R36: $35,000 awarded by the Florida Department of Transportation Local Agency Program to be used for the design of safety improvements on County Road 220 from west of Lakeshore Drive W to east of Old Hard Road. Funding Source: Capital Improvement Plan (CIP) Projects Fund Grant Revenue / FDOT Safety - LAP Grants After discussion, Chairman James Renninger recommended the Board place this agenda item on its May 24, 2022, consent agenda. Vice- Chairman Kristen Burke seconded the recommendation, which carried 2- 0. Page 3 of 5 7. TDC Event Grant Requests (K. Morgan) Approval of the Tourist Development Council's (TDC) recommendations of the following grants: 1.) May 28-29, 2022 Girls Lacrosse Showcase - Sports Grant (600 athletes, coaches, families and collegiate scouts) - Recommended Grant Award will be $12,000 with the contingency that if the County can purchase required lacrosse equipment, there will be no need for an equipment rental expense. Tournament must also be a Stay-to-Play tournament with no other rebates. 2.) August 20-21, 2022 Girls Lacrosse Showcase - Sports Grant (Originally scheduled for May 20-21 but moved to August 20-21 - 70 teams with approximately 18 players per team, coaches, families and collegiate scouts) - Recommended Grant Award will be $10,000 with the contingency that if the County can purchase additional required lacrosse equipment within a budget of $15,000. Tournament must also be a Stay- to-Play tournament with no rebates. 3.) Bella Notte, A Night of Art Under the Stars - Special Event Marketing Grant (September 15) - Recommended Grant Award of $3,500 reimbursable marketing grant. 4.) Rock the Box 2 - Special Event Marketing Grant (August 13) - Recommended Grant Award of $3,000 reimbursable marketing grant. Funding Source: Tourist Development Fund / Tourism / Reimbursement Grants After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. 8. FY21/22 Budget Adjustments Within Non Capital Improvement Element (R.Kantor) Approval of budget adjustment within the Capital Improvement Plan (CIP) Projects Fund (Non Capital Improvement Element CC1232) in the amount of $81,265 to align budgets with bids for the Kingsley Lake and Thunderbolt Elementary to Calming Waters Sidewalk Projects. The Page 4 of 5 CR218 Beyond Taylor Road Sidewalk Project will be deferred to FY22/23. Funding Source: Capital Improvement Plan (CIP) Projects Fund / Non Capital Improvement Element / Sidewalk - CR218 Beyond Taylor Road After discussion, Vice-Chairman Kristen Burke recommended the Board place this agenda item on its May 24, 2022, consent agenda. Chairman James Renninger seconded the recommendation, which carried 2-0. COUNTY MANAGER Howard Wanamaker, County Manager, said he had no discussion items pending questions from the Committee. Hearing no other business, Chairman James Renninger adjourned the meeting at 1:22 pm. Attest: _____________________________________ _____________________________________ Committee Chairman Recording Deputy Clerk Page 5 of 5 BOARD OF COUNTY COMMISSIONERS MEETING MINUTES May 24, 2022 Administration Building, 4th Floor, BCC Meeting Room, 477 Houston Street, Green Cove Springs, FL 32043 4:00 PM INVOCATION Commissioner Betsy Condon, District 4, gave the Invocation. PLEDGE Retired US Navy Lieutenant Commander Edward E Tucker III, Supply Corps, led the Pledge of Allegiance. Chairman Wayne Bolla said that Lieutenant Commander Tucker retired after 26 years of service in the United States Navy. He served as a Supply Corps Officer and completed three tours on ballistic-missile submarines Nebraska and Louisiana and served on guided-missile destroyer Gravely and submarine tender Emory S. Land. LCDR Tucker received various awards and medals during his career including a Joint Service Commendation Medal and Meritorious Service Medal, among others. He currently volunteers as the Committee Chairman for Scouts, BSA, Troop 309. Chairman Bolla thanked LCDR Tucker for his service. LCDR Tucker noted that as Vice-Chairman Condon said this weekend is not easy for military families and asked that everyone pray for those who have lost loved ones that have worn the cloth for this nation. CALL TO ORDER Chairman Wayne Bolla called the meeting to order at 4:02 pm. ROLL CALL Present:Commissioner District 2 Wayne Bolla - Chairman Commissioner District 4 Betsy Condon - Vice-Chairman Commissioner District 1 Mike Cella Commissioner District 3 James Renninger Commissioner District 5 Dr. Kristen T. Burke Page 1 of 27 Absent:None Staff Present:Howard Wanamaker - County Manager Courtney K. Grimm - County Attorney Heather Boucher - Commission Auditor PET ADOPTIONS Teresa Capo, Executive Assistant, presented a PowerPoint presentation of pets available for adoption - Chicklet (dog) - Peep (dog) - Tiger Lily (cat) - Mimi (cat). See Attachment A. If you are interested in adopting a pet, contact - clayadoptions@claycountygov.com or call (904) 269-6342. Ms. Capo stated Clay County Animal Services also offers a community rabies and microchip clinic on the first Thursday of every month from 3:00 pm to 5:00 pm. The "Kitten Crew" is always looking for fosters. If you are interested, please contact clayfosters@claycountygov.com. PROCLAMATIONS/RESOLUTIONS 1. National Safe Boating Week Chairman Wayne Bolla said that May 21-27, 2022, is Safe Boating Week in Clay County. As the weather warms, this is the perfect time to remind everyone to boat responsibly. Accidents happen too fast to reach for and put on a stowed life jacket. Boaters should wear a life jacket when on the water that is in good condition and properly fitted. Present to accept the Proclamation are members of the U.S. Coast Guard Auxiliary Flotilla 14-8: Chuck Whipple Dan Hess Chairman Wayne Bolla read the Proclamation for the National Safe Boating Week. Commissioner Mike Cella made a motion for approval of the Proclamation, seconded by Commissioner James Renninger, which carried 5-0. Mr. Whipple said he and Mr. Hess volunteer with the Coast Guard as part of the auxiliary branch. They focus on recreational boating safety and teach classes in Green Cove Springs once a month with a marine deputy. Mr. Whipple thanked the Board for the Proclamation. Mr. Hess noted that they are the civil branch of the Coast Guard and have roughly 30,000 members nationwide. The Auxiliary members wear silver, and the regular Coast Guardsman wear the gold. The Coast Guard is the only armed force with an auxiliary established by Congress. The time put in by the auxiliary is used by the Coast Guard along with their hours to go to Congress for funds. Mr. Hess said they are here in force to protect the coast, the waters, and you. So be safe when you are out on your boats, no Page 2 of 27 drinking if you are driving, and keep your passengers in line. 2. Memorial Day/Military Service Day Chairman Wayne Bolla noted that May 30, 2022, is Memorial Day and Military Service Day in Clay County. Memorial Day is a federal holiday set aside on the last Monday in May to pay our respects to the military personnel who died while serving in the United States Armed Forces. In the words of Harry S. Truman, “Our debt to the heroic men and valiant women in the service of our country can never be repaid. They have earned our undying gratitude. America will never forget their sacrifices." Present to help us honor our fallen soldiers and accept the Proclamation: Green Cove Springs Mayor Ed Gaw Green Cove Springs City Council Members NAS Jacksonville Base Commander Captain Jeff Hill - Captain Hill was designated an unrestricted naval aviator in March 1999 and has flown MH-60R and SH-60B Seahawk helicopters throughout his extensive military career. On April 9, 2021, he became the 50th commanding officer of NAS JAX. Commissioner James Renninger read the Proclamation for the Memorial Day/Military Service Day. Chairman Wayne Bolla made a motion for approval of the Proclamation, seconded by Commissioner Kristen Burke, which carried 5-0. Captain Hill thanked the Board for recognizing those that continue to serve and those that have served and gave the ultimate sacrifice. Often he talks about the relationship between NAS Jax and Clay County even though they are North of the border. So many of their individuals live and shop in Clay County. Their success, from a defense of our nation's perspective, could not be done without the support of Clay County. The success is inextricably linked to the men and women of Clay County. Captain Hill thanked the Commission for the Proclamation. Mayor Gaw noted that Clay County is a military county and Green Cove, likewise a military city. If you have never been to RiverFest or the Memorial Day celebration in Spring Park, the park is one of the best-kept secrets of Northeast Florida. The event is the most sincere celebration, and every Veteran gets to speak and some of their stories you will take home with you. Mayor Gaw invited everyone to come celebrate; it is a day you will never forget. Mayor Gaw thanked the Commission and noted that it is always a pleasure working with them in every dimension. Commissioner Renninger presented a PowerPoint to commemorate Memorial Day on Monday, May 30, 2022. See Attachment B. Commissioner Renninger said although some commemorate Memorial Day as the first day of Summer, the last day of the traditional school year, a day of good deal sales in the open market, or just another national holiday, this date is saved with much greater meaning. Although many have been Page 3 of 27 lost over the last 246 years of this republic, and he wanted to speak to a subgroup of about thirteen that exist within about seventy-five who have lost their lives in the last year. Thirteen brave men and women gave their lives during the extraction of forces from the Kabul Airport in Afghanistan on August 26th. Commissioner Renninger asked everyone to concentrate on the youth, the service, the diversity, and the families of the thirteen souls as we honor their service: Marine Corps - Lance Corporal David L. Espinoza - Rio Bravo, Texas - Laredo, Texas native, that embodied the values of America - grit, dedication, service, and valor. Lance Corporal Espinoza joined the Marine Corps to protect our nation. Lance Corporal Espinoza was 20 years old. Marine Corps - Sergeant Nicole L. Gee - Sacramento, California - 2016 Graduate of Oakmont High School. Days before her death, she posted a picture holding an Afghan child with a caption that said, "I love my job" - the day of her death she posted at the back of a C-17 with the caption "escorting evacuees onto this bird." Sergeant Gee was 23 years old. Marine Corps - Staff Sergeant Darin T. Hoover - Salt Lake City, Utah - Served valiantly as a marine and died serving his fellow countrymen as well as America's allies in Afghanistan. Sergeant Hoover was 31 years old. Army - Staff Sergeant Ryan C. Knauss - Corryton, Tennessee - His wife Alena Knauss was quoted as saying, "It is the ultimate honor he could give back to his country." He knew in high school that he wanted to serve in the US Army. Staff Sergeant Knauss was 23 years old. Marine Corps - Corporal Hunter Lopez - Indio, California - The son of two Riverside County Sheriff's officers-Captain Herman Lopez and Deputy Alicia Lopez, he planned on following in his parent's footsteps and joining the department as a deputy after his return from this deployment. Corporal Lopez was 22 years old. Marine Corps - Lance Corporal Rylee J. McCollum - • Jackson, Wyoming - His father, Jim, told the NY Times that his son was helping with evacuations and guarding a checkpoint when the attack happened, and this was his first deployment. He had gotten married recently, and his wife is expecting their first child. Lance Corporal McCollum was 20 years old. Marine Corps - Lance Corporal Dylan R. Merola - Rancho Cucamonga, California - Graduated from Los Osos High School in Los Angeles - A lot of our students commit to the military when they get out of school, and we are so proud of them, said by a joint union high school district employee. He was also quoted as saying our hearts and prayers go out to his family and friends, and unfortunately, we have another Gold Star family in our district. Lance Corporal Merola was 20 years old. Marine Corps - Lance Corporal Kareem M. Nikoui - Norco, California - Died helping to save families of Afghans who had aided the US Government. The understanding is that he rescued three families and in the process of saving children, translators that had worked with US Government. He passed off a child and went back into the crowd and that is when the bomb went off. Lance Corporal Nikoui graduated from Norco High School in 2019 where he was a member of JROTC. His father said he loved what he was doing and he always wanted to be a marine. Lance Corporal Nikoui was 20 years old. Marine Corps - Sergeant Johanny Rosario Pichardo - Lawrence, Massachusetts - Assigned to the 5th Marine Expeditionary Brigade Naval Sport Page 4 of 27 Activity Bahrain. The Embassy of the Dominican Republic in Washington, DC offers its condolences to this young woman of Dominican origin. She is one of the victims of the recent terrorist attacks at the airport and was well known throughout the Marine Corps. Sergeant Pichardo was 25 years old. Navy Hospital - Corpsman Maxton W. Soviak - Berlin Heights, Ohio - His family says that he was proud of being a Navy Corpsman and "Devil Doc" for the Marines (if you do not know what that means, the Marine Corps has no medics, the Navy provides them all). Max leaves behind a big family of twelve brothers and sisters. Corpsman Soviak was 22 years old. Marine Corps - Corporal Daegan W. Page - Omaha, Nebraska - Joined the Marines after graduating from Millard South High School and grew up in Nebraska and Iowa. He had a tough outer shell but a giant heart and had these words tattooed on his chest "Death before Dishonor." Corporal Page was 23 years old. Commissioner James Renninger said as you can see, these servicemen and women come from the Mid-West, the West Coast, and the East Coast; they came from every ethnicity and had family ties throughout the world. Each one left a mother, father, sister, brother, wife, child, friend, or a cherished shipmate behind. Our national anthem calls into question the durability of our nation with the final lyrics asking a question - "Oh, say does that star-spangled banner yet wave-O'er the land of the free and the home of the Brave." Let there be no mistake about it; as long as we have patriots such as these, our democracy will be enduring. Commissioner Renninger invited everyone to the Memorial Day celebrations throughout the county on Monday, May 30, 2022: City of Green Cove Springs - Memorial Day RiverFest at Spring Park - 10:00 am to 9:00 pm Town of Orange Park - Memorial Day Service at Magnolia Cemetery - 9:00 to 10:00 am City of Keystone Heights - Memorial Day Service at KH Memorial Cemetery - 11:00 am Penney Farms Retirement Community - Memorial Day Celebration - 9:00 am PRESENTATIONS John Ward, Director of Emergency Management, addressed the Board regarding hurricane season. June 1, 2022, is the beginning of hurricane season. Mr. Ward gave a handout of a 2022 All-Hazards Preparedness Guide to the Commission. Anyone that has an association or group that is interested in having their team come and discuss preparedness, we would love to do so. They get a lot of questions asking if it will be an active season. There is a prediction of an above-average season; however, in 2020, there were 31 storms that had one of the record storms. 1992 was a slow season, but tell the people in South Florida that experienced Hurricane Andrew that was a slow season. Mr. Ward said it only takes one storm to impact our community. There were also significant impacts in Hurricane Matthew and Irma in 2016 and 2017. There was no landfall hurricane in our area; it was a sub-tropical system; by the time it got to us, it was still named a hurricane. There was not even sustained tropical storm forced winds; there was tropical storm-force gust, with trees down, power outages, and flooding from the Page 5 of 27 small isolated systems. Mr. Ward reiterated that it only takes one storm to affect our community. Mr. Ward noted that they had a great hurricane workshop yesterday. It was the first time they could bring the full EOC group together with all the partners in 2 years APPROVAL OF MINUTES 3. Board of County Commissioner Meeting Minutes, May 10, 2022. 4. Finance and Audit Meeting Minutes, May 17, 2022. Commissioner James Renninger made a motion for approval of the May 10, 2022, BCC meeting minutes and May 17, 2022, Finance and Audit meeting minutes, seconded by Commissioner Mike Cella, which carried 5-0. PUBLIC COMMENTS Chairman Wayne Bolla opened the floor for public comment at 4:30 pm. Richard Klinzman, 1985 Timucua Trail, addressed the Board regarding his concern with the serious problem and what will continue to be a problem is the overgrowth in Clay County and the population increase that we are not ready for. Mr. Klinzman explained that his trip to the Olive Garden took over 90-minutes and should have been a 20-minute drive. On his usual drive today to the county, there are huge swathes of vacant land of what used to be a very nice forest. Three separate developments are going in the area, which looked to be tremendously huge, which would all empty into a two-lane road; we are not ready. Mr. Klinzman said, after listening to Mr. Ward's discussion about hurricane season, what happens if we have to evacuate. There are no plans to start dumping thousands and thousands of more cars onto an evacuation route to leave the county. Mr. Klinzman said if we had three people put a one-year moratorium in place on growth, and as long as those three were still here, he would beg you to extend it another ten years. Hearing no other comments, Chairman Wayne Bolla closed public comment at 4:33 pm. CONSENT AGENDA 5. Acceptance for Final Plat for Recording Rolling Hills Unit 2A (District 5, Commissioner Burke) 6. Finance Business The Finance Department business is submitted to request approval and ratification by the Board for various warrants and disbursements in order to meet the requirements of Ch. 136.06 (1) FL Statute. Acceptance and disposal of various Board property and various documents are submitted for the Board's information. At times, approval is requested for various Page 6 of 27 finance related issues. 7. Consent Agenda Items from the May 17th, 2022 Finance & Audit Committee Meeting Commissioner James Renninger requested to pull item six under the Consent Agenda for Finance Business. Commissioner Mike Cella made a motion for approval of the Consent Agenda except item 6, seconded by Vice-Chairman Betsy Condon, which carried 5-0. Commissioner James Renninger stated that he pulled item six because he noticed 20- 25 computers were being sent to recycling. They are all newer than the ones he has in his home. Commissioner Renninger questioned the issue with those and whether there is a secondary use for those computers. If it gets approved tonight, the secondary option would be gone, and they would all go to recycling. They all are missing the hard drive as well, is that standard policy. Troy Nagle, Assistant County Manager, explained those are surplus from the Tax Collector's office that slipped through the cracks of the normal process. They have spoken with the Tax Collector to make sure that those go through the county review in the future. Mr. Nagle said that the three-year life-cycle is what they normally rotate computers out at most county agencies. However, there is a use for those in our senior centers, libraries, or other entities that may not have access to newer technology. Mr. Nagle said the hard drive being removed is standard IT practice. Instead of trying to wipe the hard drive or potentially letting someone access proprietary data, they are destroyed. They will work with the Tax Collector, get possession of those computers, and put them into service somewhere. Commissioner James Renninger made a motion for approval of the finance business except for the computers to research if they could provide use to another operation within the county, seconded by Commissioner Mike Cella, which carried 5-0. DISCUSSION/UPDATES There were no discussion/updates. ITEMS FOR RATIFICATION There were no Items for Ratification. OLD BUSINESS 8. Approval of Opioid Litigation Participation Form for participation in the state-wide settlement agreement with Walgreens Page 7 of 27 BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA NOTICE OF INTENT TO AWARD BID RFP NO 18/19-2, Various Equipment and Amenities for Parks and Playgrounds In accordance with the provisions of Section 8.N of the Clay County Purchasing Policy, notice is hereby given and posted of the decision of the Board of County Commissioners of Clay County, Florida (hereinafter the “Board”) with respect to RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds. Responses to RFP No. 18/19-2 were opened on March 19, 2019. During its regular meeting on May 28, 2019, the Board rendered its decision to award RFP No. 18/19-2 to multiple companies. This notice of intent to award bid is the official notification regarding said selection. The decision of the Board is final subject to 72 hour period for protest. Failure to file a protest within the time prescribed in Section 8.N of the Clay County Purchasing Policies shall constitute a waiver of proceedings under Section 8.N Bid Awards and Protests. Lorin L. Mock Acting County Manager Date of Posting: Date of Removal: 5/29/19 6/3/19 Time of Posting: Time of Removal: 8:45 a.m. 8:47 a.m. Initials: Initials: D F D F Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied WarrantyProductManufacturer Skyways Shade Sails, Shades, Canopies 2%75%Yes Yes Yes 2%75%Yes Yes Yes 2%75%Yes Yes Yes Poligon/Parasol Shade Gazebos, Shelters, Canopies 2%75%Yes Yes Yes Sails, Shades, Canopies Gazebos, Shelters, Canopies USA Shade Porter/Poligon Shelters Rep Services, Inc (407) 831-9658 nathan@repservices.com Distributor 2%50%Yes Yes Yes Anova Site Furnishings Tables, Benches, Trash Cans 2%50%Yes Yes Yes Dumor Site Furnishings Benches, Trash Cans, Bike Racks, Tables 2%50%Yes Yes YesLandscape Structures Inc.Playground Equip Aquatix Splash Pads, Water Playgrounds 2%Included in price per SF Yes Yes Yes Cushioned Flooring Included in SF price Included in SF price Included in SF price 50% 50% 2% 2% 2% 2% 2% Vitriturf Rubber Mulch,Synthetic TurfNo Fault Irvine Wood Recovery Engineered Wood Mulch Yes Yes Yes Yes Yes Yes Flyer Yes Yes Robertson Recreational Surfaces Rubber Synthetic Turf Flyer Yes Yes Flyer Yes YesPlayground GrassForever Lawn BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA NOTICE OF INTENT TO AWARD BID RFP NO 18/19-2, Various Equipment and Amenities for Parks and Playgrounds In accordance with the provisions of Section 8.N of the Clay County Purchasing Policy, notice is hereby given and posted of the decision of the Board of County Commissioners of Clay County, Florida (hereinafter the “Board”) with respect to RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds. Responses to RFP No. 18/19-2 were opened on March 19, 2019. During its regular meeting on May 28, 2019, the Board rendered its decision to award RFP No. 18/19-2 to multiple companies. This notice of intent to award bid is the official notification regarding said selection. The decision of the Board is final subject to 72 hour period for protest. Failure to file a protest within the time prescribed in Section 8.N of the Clay County Purchasing Policies shall constitute a waiver of proceedings under Section 8.N Bid Awards and Protests. Lorin L. Mock Acting County Manager Date of Posting: Date of Removal: 5/29/19 6/3/19 Time of Posting: Time of Removal: 8:45 a.m. 8:47 a.m. Initials: Initials: D F D F Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied WarrantyProductManufacturer Skyways Shade Sails, Shades, Canopies 2%75%Yes Yes Yes 2%75%Yes Yes Yes 2%75%Yes Yes Yes Poligon/Parasol Shade Gazebos, Shelters, Canopies 2%75%Yes Yes Yes Sails, Shades, Canopies Gazebos, Shelters, Canopies USA Shade Porter/Poligon Shelters Rep Services, Inc (407) 831-9658 nathan@repservices.com Distributor 2%50%Yes Yes Yes Anova Site Furnishings Tables, Benches, Trash Cans 2%50%Yes Yes Yes Dumor Site Furnishings Benches, Trash Cans, Bike Racks, Tables 2%50%Yes Yes YesLandscape Structures Inc.Playground Equip Aquatix Splash Pads, Water Playgrounds 2%Included in price per SF Yes Yes Yes Cushioned Flooring Included in SF price Included in SF price Included in SF price 50% 50% 2% 2% 2% 2% 2% Vitriturf Rubber Mulch,Synthetic TurfNo Fault Irvine Wood Recovery Engineered Wood Mulch Yes Yes Yes Yes Yes Yes Flyer Yes Yes Robertson Recreational Surfaces Rubber Synthetic Turf Flyer Yes Yes Flyer Yes YesPlayground GrassForever Lawn Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0588 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve Professional Services Proposal (RFP 31-23) rankings of the review committee for Negotiation Services between the City and Philadelphia Phillies Major League Baseball Team and authorize appropriate officials to execute same. (consent) SUMMARY: On February 28, 2023, Request for Proposal (RFP #31-23) Professional Services Negotiations with MLB Team was released. The purpose of this proposal was to secure a qualified firm to assist the city in future negotiations with the Philadelphia Phillies franchise. One of the major components of the RFP was to provide substantial evidence of successful negotiations with other MLB teams or other professional sports franchises on behalf of a municipal or county government. On March 30, 2023, the city received four proposals which were evaluated by a committee made up by Michael Delk, Assistant City Manager, Jay Ravins, Finance Director and Art Kader, Interim Parks & Recreation Director. Evaluation criteria included demonstrated experience for the firm and project personnel, project methodology, approach and timeline, references, and cost of services. Three of the firms were asked to attend a virtual meeting to answer a second round of questions, which occurred on April 27, 2023. All three firms were very responsive and answered the questions requested by the committee at the meeting. A public meeting was held at 3:40 PM in room 130 at the Municipal Services Building to discuss the ranking of the firms. The committee ranked the firms in the following order: 1.CAA ICON 2.HR&A Advisors 3.Gray Robinson CAA ICON is well known in the industry and has extensive experience leading negotiations for complex, large-scale sport-specific projects for public sector and private sector entities. The evaluation team felt that they had the most successful negotiation experience with MLB franchises of all the firms. Staff is requesting approval of these rankings and to enter negotiations with CAA ICON to provide professional negotiation services. There is no one on city staff that has the expertise and knowledge in negotiating with MLB franchises. To utilize the negotiation expertise and skills of a proven negotiating firm is wise and prudent so that the citizens of Clearwater and the Phillies can arrive at a contract that is fair to all parties. Page 1 City of Clearwater Printed on 5/16/2023 File Number: ID#23-0588 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/16/2023 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #31-23 Professional Services – Negotiations with MLB Team February 28, 2023 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 30, 2023, to provide Professional Services – Negotiations with MLB Team. Brief Description: The city of Clearwater, Florida, is seeking proposals from qualified firms to assist in the ongoing negotiations with a Major League Baseball (MLB) franchise. Qualified firms must be able to provide substantial evidence of successfully negotiating with MLB or other professional sports franchises on behalf of a municipal or county government. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Professional Svcs – Negotiations with MLB Team 2 RFP #31-23 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 proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 30, 2023 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Professional Svcs – Negotiations with MLB Team 3 RFP #31-23 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Professional Svcs – Negotiations with MLB Team 4 RFP #31-23 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Professional Svcs – Negotiations with MLB Team 5 RFP #31-23 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Professional Svcs – Negotiations with MLB Team 6 RFP #31-23 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 21-22) Points Demonstrated Experience for Firm and Project Personnel: (Tab 2) 30 Project Methodology, Approach and Timeline: (Tab 3) 30 References: (Tab 4) 30 Cost of Services: (Tab 5) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Professional Svcs – Negotiations with MLB Team 7 RFP #31-23 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 02/28/2023 Advertise Tampa Bay Times: 03/08/2023 Responses due: 03/30/2023 Review proposals: 03/30/2023-04/07/2023 Presentations (if requested): Week of April 10, 2023 Award recommendation: Week of April 10, 2023 Council authorization: May 2023 Contract begins: May 2023 STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 8 RFP #31-23 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 Professional Svcs – Negotiations with MLB Team 9 RFP #31-23 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. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 10 RFP #31-23 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 11 RFP #31-23 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 12 RFP #31-23 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 13 RFP #31-23 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 14 RFP #31-23 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 15 RFP #31-23 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may STANDARD TERMS AND CONDITIONS Professional Svcs – Negotiations with MLB Team 16 RFP #31-23 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 Professional Svcs – Negotiations with MLB Team 17 RFP #31-23 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 119,208 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. INTENT: The city of Clearwater, Florida, is seeking responses from qualified firms to assist in the ongoing negotiations with a Major League Baseball (MLB) franchise. Qualified firms must be able to provide substantial evidence of successfully negotiating with MLB or other professional sports franchises on behalf of a municipal government. 3. SCOPE OF SERVICES: Consultant(s) will be expected to provide services identified below. The items listed represent the minimum services expected to be performed. Consultant(s) responsibilities include but are not limited to the following: a. Provide information and expertise on negotiation strategies to be utilized with an MLB franchise. b. Provide information and expertise on issues identified during the term of the engagement. c. Advise and represent the City in negotiations. d. Attend negotiation sessions as the City’s Chief negotiator. e. Provide requested reports that may include data analysis, surveys, etc. f. Consult with the City Manager, Assistant City Manager, Councilmembers, Legal and Project Manager as applicable. g. Provide debriefing for the City Manager, Assistant City Manager, Legal and Project Manager on the status of negotiations as needed. h. Prepare documents for negotiations as applicable. i. Participate in drafting proposals for negotiations. j. Assist the Project Manager in reporting to the City Manager, Legal and City Council on the progress of meeting(s). City’s Responsibilities include: a. Provide a single point of contact (Project Manager) to administer the Agreement. b. Collaborate with the consultant to provide requested data or information as timely as possible to ensure the engagement is productive. DETAILED SPECIFICATIONS Professional Svcs – Negotiations with MLB Team 18 RFP #31-23 4. MINIMUM QUALIFICATIONS: Firms responding to this RFP shall explain their experience conducting similar services. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, within the past five (5) years, are required. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability DETAILED SPECIFICATIONS Professional Svcs – Negotiations with MLB Team 19 RFP #31-23 Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #31-23 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 Professional Svcs – Negotiations with MLB Team 20 RFP #31-23 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2023 through May 2025 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the term of the contract. RESPONSE ELEMENTS Professional Svcs – Negotiations with MLB Team 21 RFP #31-23 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, seven (7) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number. TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the city regarding this project. TAB 2 - Demonstrated Experience of the Firm and Project Personnel. a. Identify the project managers(s) and each individual who will work as part of the engagement. Include resumes for each person to be assigned. b. Describe the experience in conducting similar projects for each of the individuals assigned to the engagement, including their education and their specific involvement in the project. c. Describe the organization of the project team, detailing the level of involvement, field of expertise and estimated hours for each member of the team. d. Identify any other firm (such as sub-contractors) included on the project team, the scope of their work and your firms approach to managing sub-contractors. TAB 3 - Project Methodology, Approach and Timeline. a. Describe your approach in performing the Scope of Services outlined in this RFP. b. Provide a detailed timeline of the tasks described in the Scope of Services requested. TAB 4 – References. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, within the past five (5) years, are required. Each reference must include the name of the entity, date of services, description of services, address, contact person, telephone number, and email address. TAB 5 - Cost of Service. Each proposal must include a detailed explanation of the cost to be charged to the City for these services broken down by tasks and include; a. Hourly rates for staff by title and if differentiated by type of work performed (i.e. negotiating, negotiations research, etc.) b. Any additional items and their costs with any markup (i.e. per diem, travel, and related expenses). c. A cost structure based on one or more hourly rates, and for each hourly rate a description of the services that will be provided for that hourly rate. RESPONSE ELEMENTS Professional Svcs – Negotiations with MLB Team 22 RFP #31-23 TAB 6 – Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Professional Svcs – Negotiations with MLB Team 23 RFP #31-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Professional Svcs – Negotiations with MLB Team 24 RFP #31-23 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 proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Professional Svcs – Negotiations with MLB Team 25 RFP #31-23 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Professional Svcs – Negotiations with MLB Team 26 RFP #31-23 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 SCRUTINIZED COMPANIES FORMS Professional Svcs – Negotiations with MLB Team 27 RFP #31-23 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 E-VERIFY ELIGIBILITY FORM Professional Svcs – Negotiations with MLB Team 28 RFP #31-23 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Professional Svcs – Negotiations with MLB Team 29 RFP #31-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #31-23, Professional SVCS – Negotiations with MLB Team Due Date: March 30, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #31-23, Professional SVCS – Negotiations with MLB Team Due Date: March 30, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1) GrayRobinson, P.A.2) HR&A Advisors Inc 401 E Jackson St., Ste 2700 99 Hudson St. Tampa, FL 33602 New York, NY 10013 813.273.5110 212.977.5597 3) ICON Venue Group, LLC 4) Sports Value Consulting, LLCdba CAA ICON 100 Crescent Court, Ste 700 5075 S Syracuse St., Ste 700 Dallas, TX 75201 Denver, CO 80237 817.368.0952 303.557.3700 ADVERTISED: TAMPA BAY TIMES 3/8/2023 POSTED:myclearwater.com 02/28/2023-03/30/2023 Due/Opening: March 30, 2023; 10:00 a.m. REQUEST FOR PROPOSAL No. 31-23 PROFESSIONAL SERVICES - NEGOTIATIONS WITH MLB TEAM Solicitation Response Listing FOR THE CITY OF CLEARWATER 31-23, Professional Services -Negotiations of MLB Team PRESENTATION SCORING SUMMARY Rankings by Committee for 31-23, Professional Services -Negotiations of MLB Team Respondents MD 1 GrayRobinson, PA 3 2 HR&A Advisors Inc 2 3 ICON Venue Group dba CAA ICON 1 Committee Members Michael Delk, Assistant City Manager Raymond (Art) Kader, Interim Parks & Recreation Director Brian (Jay) Ravins, Finance Director Rank 1st, 2nd, 3rd ... AK JR 3 3 2 2 1 1 RANKING AVG 3 3 2 2 1 1 -31-23, Professional Services -Negotiations of MLB Team City of Clearwater Presentation and Ranking Summary FIRMS 1 GrayRobinson, PA 2 HR&A Advisors Inc I Evaluator Name: D£LJ< Notes -/--fi vV /ill../Y -f::::1 vVV s /) T;j......; -J-kA-1 /,~)It' !}rt), t / ---77} flt - __ t:Jb'i 171 vl/t J ~ ) la// 2 J,.·".J 1 , E -/} vJ 1;0;, J l!)/ rb//_ -Yt'2LJ,· fiDv -- 11" 5t 1 ;~ /'j i 6 _ (,L>Aof.,,/ l .:t) '.!l) i -L CJ--11.!_ /cJ,v I 1J /J r'l-J.1/u ..,, )J;, ::J.d.3 -Ji.Ju s 11 1J , { / , i ;JJt )J <"' &,/t, 2 , l/t-/ /bl}/:_ ) I$ 11J 1 L JIJ/ 1 tE_ ~ /Jill}/l-;:JRl);>ZL1 /}.t;J 1 Ly~(::;)tJ;rJ1/~yJ c JJ J7) 1J0t 0 -rv-(L, ffell:f V brl't,',, u pm!?/\, -DJ;21 {,-r ;ytl/1ri.u 1::x1h11,c:.Jlc_.,-£ -oc//J1>rJ111,/!JJ/.J. 1/J)JILyuvJ)u f)I)). /-... ----; P11v "r,,,. 7 l 11<-bi fu~ - - ) ') {\ _, // //-,;;--A2L-J;}!-f.// g·)/6) l; t fat? /}) J b tlr.l fe ~ -~fl,/>l;j/-?1.Jf;?~)o/;;P 77/11 /r}'J{)r-11__:r/J'j/~ Evaluator Signature: _ _._{J~~=--j_~/j__"------"'=----------- RANKING -, ._) 31-23 , Professional Services -Negotiations of MLB Team I'(# i, f' 4r ,NJ ll J?},1:..$ .::,v ~/J ! M r!7 f-' /.// m j-,r, T /? 1 TM. IC-/ I./(! <;{}L/ o/t> j<}}/JlJi,/,,J?/l)J///Jc t}/,5/l/:5 , --;){> /1 /Jo /-J ;1. rn O JO L/1,tVJL/::. //v) !Ji I l WT/L - I ICON Venue Group LLC 3 dba CAA ICON Evaluator Signature: -------------Date : ---------- GrayRobinson, PA 1. What makes your team uniquely qualified for this engagement? ( } I , J I J -; ;..1/}'} l_) 1 r'_ /1110/l-£ /I .I I< /, l y V J ti" I..) J>1 ~ :J } /' S,i f;-/fJ )L; T 13 //6i,l1 /£ L L"A /J ! /-1r?fi'tl J 2. w{at do ~ou see ~e bi{i/st?h~ler; s Mty will face in negotiating a deal, and how will you assist? 3. How would you describe a "fair" deal fort/he City and the Philljes? _, i I kl/VL 1, t r 1 L L / ; , 1 4. Please share you r team members' experience in negotiating a similar deal with a professional sports franchise on behalf of a public entity. r~;L (9JlL/J.Jd)[J/ j) IJJ),: l/u/V. 1 ..,; 5. Describe how you could help the City 9efend the ultimate cost of a negotiated dea to our taxpayers. / . / / / ). 71/ --.-..,l ~!) u b .I I I Vt:,:. V V ~ I _, I • -TT .1/""f'-.. / ir d]t!.tJ.01t:::A..~ / I ('/./--11 /JiA}/J/1i J,?J /v/1?rJtJl/2b /)31:_; /R/ vr l-!1p 6 N ~ . . / t~d b . f . . d . egot1a ions are an important an necessary us1ness un ction. For a community an corporate partner such as the Phillies, how do you balance the need for pu rsuing client needs while continuing to protect a positive relationship going forward after negotiations are conclu ded? / :;1~~ 11;£, ':O)r1:~,t,~_);/)J1;1~1:/;{ J]t!JLtf'v?E 7. Historically how much time does it take for negotiations similar to what the city is seeking, and what has been your experience and track record in completing negotiations in a timely manner?" / I J ' ) I.I )s. ·{_;, HR&A Advisors, Inc l. What makes your team uniquely qualified for this engagement? /Jv I) /.It./;/ l J y;n!i jf:'X {) I)) J }', ;,,....-f I /, " / ...J. / I< 1/N P/12hl ..s r; JJ r r,) 1 J(j J4 !/il /1//'1 YL r r 1J:. l/ /.. IJ? 1 -,, 1 ~ }fA-)I~ j r/.J/1 1 ,, c; /I jl.,"" ,~l 2. What do you see as the biggest cha llenges the City will face in negotiating a deal, and how will you . ? assist. lh.f ,, , : ;, ?1/1/" f )j .J)j.)/ /41/!J~ ; Jt 1) t Jk-~,,, t/,TOC /I JI 7 r/ ll'bi ')ti&,,, J/J/lJSj/JJmNt 7Jf'IJ}l-/)J/_., ~ (1;, '2 ) f.!,) 'r ~ ;.,A I 7}..f-) G / ... _,£/ 3. How would you describe a "fair" deal for the City and the Phillies? /JJ: VUl'l/bl) ;)l,,~)L. A,1,/,/l.,t,,/£//1.,F --;>l{ (j,(} ~ r J L / !s£) 4. Please share your team members' experience in negotiating a similar deal with a professional sports franchise on behalf of a public entity. -/ ./) /V..b , , .,; 7, ;JJ> ;CS'/ / ! c/J rl ~ )?-J /J j l/!f21)/fa11y / I 7 I) &fl:{.,( -c' J) p) 7;;1 L ; 2 I}, I>) 1r1P Vl --hlJ.; ~fvl I L f)l.4£ Jc}/A 5. Describe how you could help the City defend the ultimate cost of a negotiated deal to our taxpayers. r/(II{ 6. Negotiations are an important and necessary business function. For a com munity and corporate partner such as the Ph illies, how do you balance the need for pursuing client needs while continuing to protect a positive relationsh ip going forward after negotiations are concluded? --/./)IV I /~)vtv', 1..----/11 t-i/ ( ')!)I 1vz/ 7. Historically how much time does it take for negotiations similar to what the city is seeking, and what has been your experience and track record in completing negotiations in a timely manner?" j -I , n i vVJ ti~ c'-t I.'/) b J l.Jl:); t/ ~ ,1 , )) L A ) ;J p,J. (7$ ~ // 1lt J} J};L lL !J )/ , /l L W f j ~ -Pl:}; It 11~ 1v ,; ICON Venue Group, LLCdba CAA ICON What makes your team uniquely qualified for this engagement? Jf2&~/ t·O ~ /)/2T (})2 f:t / " tJ /j /J ,Ii l ;;Ji, I ~ Cr) l v /J '(;) /) 2. What do you see as the biggest challenges the City will face in negotiating a deal, and how will you assist? 1 , 1.,. , /J ):J-1;1v J77 wv/ <" I 1 J) V 111v t Su t1rzf L:5 / 1 JJ J ))A I/I J/vllv/l /J) ,4 J /) / ~ ///I /I ) vi, -;',,ij, p i i Jiff ;J jj lb ), 11 t_ /+2 1 OJ,it:.1 ;1:;~u /v 1 • r I" JJJ11v1:,l1r 7';;> Ot,/1/- 3. How would you dest ribe a "fair" deal for the City and the Phillies?/ J /)v/}10 ~kv ---Jf//Y -1VIJ'' ( V Jc.;-///JIJJ//1/t/~ /!?v17/rJL 62)/)U ~ Please share your team members' experience in negotiating a similar deal with a professional sports franchise on behalf of a public entity. 5. Describe how you could help the City defend the ultimate cost of a negotiated deal to our taxpayers. 6. Negotiations are an important and necessary business function. For a community and corporate partner such as the Phillies, how do you balance the need for pursuing client needs while continuing to protect a po/sitive relationship goin:/.forwa/rd after ne:otiations are concl~~~//) j/} 2- J>. )( / /'" 'l~rl~ "' -I r _ n /-l t( Vi t t I l / 1 ti I 1;11, !JE { / C/JA )b!Ji}) /:t,µJ/ 1/f77/V /I/ / 1 Historically how much tim does it take for negotiations similar to what the city is seeking, and what has been your experience and track record in completing negotiations in a timely manner?" 1;1../ 1 ) ! V I I /' IL I I .(':) /J ~ / J; /1,)(t,, /v A I I ii I I J}v;I ) L I 'II t :l/1/ I 31-23, Professional Services -Negotiations of MLB Team City of Clearwater Presentation and Ranking Summary I Evaluator Name, A-r+--f<:..~ Notes RANKING FIRMS 1 GrayRobinson, PA 3 2 HR&A Advisors Inc Evaluator Signature: ------------Date: 3 ICON Venue Group LLC dba CAA ICON 31-23, Professional Services -Negotiations of MLB Team Date : V I ~~ ~ GrayRobinson, PA lJIP 'i-:, ~ l -J &,,,.,) ~ l. What makes your t eam uniq uely qua lified for this engagem nt? ~ jJJ{lf,,12. I ic ~A,J . "-W' ,..Jcd,v,, .P»«x.-'" -/,WM,' Ht N":t1:li~-~ 1('i;diwll 6 ~'~o.Ji~,,~M-t:~,~ 0,UI ~ ~-~ -M,uh~~)rf'~~pm.w~~:t.(A/~~:-c--~ 2. What do you see as the biggest challenges the City will fac~ in negotiating a deal, and how,will yo~ i~J;.~~ assist? Ml~~ "---f1'ij,»"-' l~~~r~ ~~'Xt r-vv ~W). Cwlc) wr,.Jv.J~ --, 13,µ.~ -+vnaM/), ~-@~ 60&! -• t;:t,r /)L 4. Please share your team members' experience in negotiating a similar deal with a professional sports franchise on behalf of a public entity. 5. Describe how you could help the City defend the ultimate cost of a negotiated deal to our taxpayers. 8,, ,rnll/,t,1/rA) _ i~~\I '~ ?~ ~.l<, ~ erJ.~ lvlft). ,r.ud.u)' 6. Negotiations are an important and necessary bu siness funct ion . For a community and corporate partner such as the Phillies, how do you balan ce the need for pursuing client needs while continuing to protect a positive relationshi p going forward after negotiations are concluded? 4-fli-a( c,J, Pv ( e-/;u.JJ tl f-tam M ~ a.J ()._ / ',,JA.11/u,',,,.,., r f()Y\1 ~ ~ -- 7. Historically how much time does it take for negotiations similar to what the city is seeking, and what ha s been your experience and track record in completing negotiations in a timely manner?" • t.J'J __G/ Dc!otJ _ . . / /1-<,~<Jl-lt<.-+t o-n r' 0'1 n+., ~ () rN? / Pr} ~. p(l/}1 P-J ~ ''l!;J ~ Ji-Ri!. L)ovr,.£ t-M-<\.(_. ~Jw-t (J; ,,.,,.,_~.t , -Yl,,P) ~ . JJ,,v.r,lvi ,J-"VV') (IJ rd-('"-do . --....... Cxd-..J .t.J~'J '(rLAX,nJ' ~R&A Advisors, Inc J ~W\' J~ufirof 1 Jv- 3. How would you describe a "fair'' deal for the City and the Phillies? ~Al;~~ ~,!LM1;~ ~ 7 ~ 4. Please share your team members' experience in negotiating a similar deal with a professional sports franchise on behalf of a public entity. .J ,~~.,,,./,.;J /l 't\ -..J... -..a_ ~ ±r I ~-frl7V/'I Ci.».) ~µ 400. '-.)_1,--1 ~ ~e.Y'iLK.JU.vOI~· -u vr 1?,N-1'\ i L-Atn I ' ~ ~~ ~ ~)'~~-1Po-,:r~NYf\lf, Ctv,w ~7 ~ ~ ~ -M. 0-WW ()>', ~ IN'l-L dVY 0!t./Y'f ,l p~ V'Y'-' ~ 5. Descrilbe how you could help the City defend the u timate cost of a negotiated deal tb our t;;;J.~ taxpayers. ~ Pi ..... oJ~'f l ~ k ,AA~J\vJ: !!Jr::ti -:i::--~ p,,Uv-~;v . u<1 ~.·r ~·~· h!l. ~ ~ ~ ft{~-' ~Q~,<) -tv ~ AAA-/~~ • 6 N . . . d b . f . F . d MlB ~ . egot1at1ons are an important an necessary usiness unction . or a community an corporate '/IJiv-L partner such as the Phillies, how do you balance the need for pursuing client needs while ~ continuing to protect a positive relationship going forward after negotiations are concluded? ~~ J ~~; ~-rrd euo ,~,~, 7. Historically how much time does it take for negotiations simi lar to what the city is seeking, and what has been your experience and track record in completing negotiations in a timely manner?" ICON Venue Group, LLC dba CAA ICON 2. W hat do you see as the biggest cha llenges the City will face in negotiating a deal, and how will you assist?~ r: · , . , , ....._ • .,: , . ~~M/2.L frcpll., T~ , J'-*1 ~ -. " 4 =, a,,;. . tJ v,.' ,;'fi:~7 · I ' (Ylt)Wv\ft,/.. \ wt l l,LJC.vi_nrrv-·-,· ~ r ~ q_.., , irn1/l_J M ~~-f-~';l--~ +~~ -~ ,q .12,,y~ [;;,jr:1 V --~ ~' ,· -I V -+-" t) f\. c.v,.d)l(_ /'(1-l ,:JV I ir-1 , I 3 How would you describe a "faiC' deal for the City and the Phillies? ~ f"',.J; ~ ~ _ -¥ . j;r Goa£a M, a1J 1:rMj~ -~" ' . ' -C 1~0-"t""'" · :,=-4(1~ ('~/f'('~ r1' ~7 fr/)~) .J-~r·~J~~ 'NOw;K r;.)151 l{,e, v.~ ~ ~.I~ fV\~" ~ /f i ~fNvlnJ-Jb fo tlu Vi h vi. 1Jv ~ 1-/ ~,..yJt~\\ 4. Please share your team members' expene~tle in negotiating a si nv1ar deal with a professional ')f~i~~ s7 ~~on:;~c1en~/ ~~ _ ? 5. Describe how you could help the City defend the ulti mate cost of a negotiated deal to our taxpayers. 6. Negotiations are an important and necessary business function. For a community and corporate partner such as the Phillies, how do you balance the need for pursuing client needs while continuing to protect a positive relationship going forward after negotiat ions are concluded? ~ }{l.6;f!-1.J1t1WJ ~ ~k: ~ T{;/J/J-Kj-fvvm<, c,! ~1. ~~~ J A /JA• • -6, • ,J ~PYvO-M /{))A. r>!-, v..t -~ ~ v, 7. Historically how much ti e does it take for negotiations similar to what the city is seeking, and what has been your experience and track record in completing negotiations in a timely • r:_anner?" (YIA/V:f }{4 Q +~J: ~ D,\ ln/1j°f,wr1~ -i~~ ~c1,;;~~~~ . a hf_J_IW,r<{, ~IV _;.,J,; /Mr11~wd;L p~ · 31-23, Professional Services -Negotiations of MLB Team City of Clearwater Presentation and Ranking Summary FIRMS 1 GrayRobinson, PA 2 HR&A Advisors Inc I Evaluator Name , VI ' J Notes Aff>; f , ev,~·"7 i ) r ,4f -ir I /," - , . /e; ~j_ -{v f;/l (/ f-d ~ ~, ~J-:r ~ J (~ /'~'Y-/ fr/)r _,, J. //t 0 /, -/ e,Q_ ~:,ft 6 , ~-;f j ~-:t _,_ </f if()~c:A "' ,--<2_ c/u -Z '6 ;;f;,,1, t~1 op Tf,--~ _,,,_f!__ f,, -,.,--_ RANKING 3 Evaluator Signature: ---------------Date: ------------ 31-23, Professional Services -Negotiations of MLB Team . ' ~/fh . &J ~ vl f / O f r C/1 j cf~1 o--f_ }:(~o ,J /!; ,e::,..__ 3 ICON Venue Group LLC fr ./i ~,. ..-v.--f /" cz-,,---12-... I dba CAA ICON -fie-1/J 1-{j Jo 'r j c~ .,,,, __ . ,., , L..f ((~'7 sf1 ;)) ti C / € //.,1-·I ' ></ ../ I I ,o;; (._ e___ - Evaluator Signature: _......:a....___.::+, =--'--~ .... :cJ--L-+-a',-v_J_-r:.-,_...,_..... ___ _ Date f' fa 7fa ,o <-J ----'--''----------- Page 1 Proposal for RFP #31-23, Professional Services Negotiations with MLB Team Prepared for the City of Clearwater March 30, 2023 Contents I think hiring CAA ICON is one of the best decisions we made as a committee and as a city. I’m thrilled with the progress that we’re making. Sonya Sharp, City Council Member/Chair of the Event Centre Committee, City of Calgary 1. Letter of Transmittal 2. Demonstrated Experience of the Firm and Project Personnel 3. Project Methodology, Approach and Timeline 4. References 5. Cost of Service 6. Forms Page 3 1. LETTER OF TRANSMITTAL Page 4 Letter of Transmittal March 30, 2023 Lori Vogel, CPPBProcurement ManagerLori.vogel@myclearwater.com Re: Proposal for #31-23, Professional Services – Negotiations with MLB Team Dear Lori, On behalf of CAA ICON, thank you for the opportunity to present our response to the City of Clearwater’s (“City”) Request for Proposals #31-23. CAA ICON is uniquely qualified to assist the City in its ongoing negotiations with the Major League Baseball (“MLB”) Philadelphia Phillies (“Phillies”) for the renovation and use of BayCare Ballpark and the Carpenter Complex (“Project”). FIRM OVERVIEW A division of leading entertainment and sports agency Creative Artists Agency (“CAA”), CAA ICON is the world’s leading owner’s representative and strategic management consulting firm for public and private sports, entertainment and public assembly facility owners/operators, professional franchises, and leagues. With more than 55 sports, entertainment and public assembly projects and over 2,000 consulting engagements, CAA ICON has managed the development of many of the most successful venues around the world, spanning 11 professional sports leagues, totaling nearly $40 billion. CAA ICON’s Strategic Advisory group was formed in October 2017 through the acquisition of Barrett Sports Group, a specialty firm established in 2000 to provide strategic consulting services specifically to the sports and entertainment industry in a broad range of areas, including: market demand analysis; financial feasibility analysis; finance; valuation; negotiations; facility operations; team/league operations; politics; acquisition/disposition due diligence; and strategic planning. The CAA ICON Strategic Advisory group has extensive expertise and in-depth knowledge of the sports and entertainment business as a result of having performed over 2,000 separate projects in the industry. As you will see from our RFP response, CAA ICON has the ability, experience, and depth to advise you through each step of the complicated negotiating process. Specifically: • We have formulated and refined a proven and focused approach to meet your objectives, and provide practical, implementable advice and support that reflects development realities and not just theoretical research and national statistics. • We have assembled a Project team with extensive experience leading negotiations for complex, large-scale sports-specific and mixed-use ancillary development projects for public sector and private sector (team/leagues) entities. Ղ Dan Barrett, President, has over 30+ years of experience and has served as negotiator on numerous, high-profile sports-specific engagements. Ղ Art Aaron, Managing Director of New Ventures, has a background in project management, and the negotiation of deals in sports and entertainment related to project management, that is unsurpassed in the industry. Ղ Josh Cohen, Vice President, has provided negotiation support and assistance on many deals on behalf of municipal government entities over his 20+ years of experience. Ղ Bryan Slater, Senior Director, has specialized knowledge in the negotiation, planning, and development of sports and entertainment facilities. • Our firm experience is directly applicable to your Project and its complexities as demonstrated by our extensive portfolio. Page 5 Letter of Transmittal • Our prior experience with the City and Phillies allows us to hit the ground running. We were previously engaged (as a sub-consultant to Hilltop Securities) in 2019 to assist the City in discussions and negotiations with the Phillies. The previous engagement provides us with a base understanding of the situation and key stakeholders, which will allow us to immediately begin the process. CAA ICON understands the intent of the Project, and we are willing and capable of performing the services within the time period specified. We greatly appreciate the opportunity to be of service and assistance to you in this very exciting Project. If you have any questions or comments, please feel free to reach out directly. Sincerely, ICON Venue Group, LLC, d/b/a CAA ICON Daniel S. Barrett President Page 6 2. DEMONSTRATED EXPERIENCE OF THE FIRM AND PROJECT PERSONNEL Page 7 Demonstrated Experience of Firm and Project Personnel Proven Portfolio: Unmatched Experience in the Sports Industry Our project experience is directly applicable to your situation. The sports and entertainment industry is a highly specialized and complex industry, and successful consulting for this situation requires in-depth knowledge and extensive experience in a broad spectrum of areas. Sports and entertainment consulting encompasses not only diverse organizational and technical issues, but many projects also must be performed under public scrutiny in a complex marketing, financial, political, and statutory environment. The following demonstrates a partial list of public sector clients we have represented specific to the sports and entertainment industry. Project profiles of some of our most relevant work are included on the following pages. Public Sector Clients (Partial List): • Allen County War Memorial Coliseum• Anchorage Economic Development Authority • Arizona State University• Calgary Convention Center• California State University, Sacramento• Centennial Authority• City of Albuquerque• City of Anaheim• City of Atlanta-Fulton Co. Recreation Authority• City of Auburn Hills• City of Bellevue • City of Brighton• City of Calgary• City of Clearwater • City of Coffeyville• City of Compton• City of Corona• City of Dallas• City of Edmonton/Edmonton Coliseum• City of Encinitas• City of Fayetteville • City of Fremont• City of Fresno• City of Henderson • City of Houston/Harris County• City of Huntington Beach• City of Inglewood • City of Lake Elsinore• City of Oceanside• City of Oklahoma City• City of Pasadena/Rose Bowl • City of Phoenix• City of Rio Rancho• City of Sacramento • City of San Antonio• City of San Diego• City of San Francisco • City of Santa Cruz• City of Sarasota• City of Savannah • City of Stockton• City of Thousand Oaks• City of Topeka• City of Visalia• City of Winnipeg • Commonwealth of Virginia• County of Broward• County of Dallas • County of Gwinnett• County of Luzerne• County of Maui • County of Monterey/Laguna Seca Raceway• County of Onondaga• County of Ramsey• County of Sacramento• County of San Bernardino• County of San Diego• County of Sarasota • Department of Justice• District of Columbia CFO• Franklin County Convention Facilities Authority• Gateway Economic Development Corp. • Greeley Community Facilities Task Force• Hawaii Convention Center Authority • Hillsborough County Property Appraiser• Incline Village General Improvements District• Louisiana NFL Stadium Advisory Commission • Maryland Stadium Authority• Metro Entertainment & Convention Authority (MECA) • Metro Government of Nashville and Davidson• New Jersey Sports & Exposition Authority• Oakland-Alameda County Coliseum Complex• Rams Stadium Task Force (St. Louis) • REDEEM• River City Regional Stadium Financing Authority • Shoreline Amphitheater• State of California/Los Angeles Memorial Coliseum• State of Georgia/Georgia Dome• State of Hawaii/Aloha Stadium• State of Louisiana/Mercedes-Benz Superdome • State of Louisiana/New Orleans Arena• State of Louisiana/Zephyr Field • State of Minnesota• State of New Mexico• State of Wisconsin • The Los Angeles County Fair, Hotel & Exposition• Tournament of Roses• Town of Castle Rock Page 8 City of San Diego: Petco Park Case Study Market Demand Analysis – Evaluated the local market area demand and developed a preliminary stadium program through a detailed assessment of local and regional market characteristics, demographics, and benchmarking. Financial Feasibility Analysis – Created a baseline operating and financial profile for the project including detailed operating revenues and expenses and ownership. Financing Alternatives – Identified and considered alternative financing structures/options for the new stadium including public and private financing mechanisms and sources of funding. Deal Structure Advisory – Provided detailed comparisons of MLB stadium deal structures in order to provide a tool during negotiations with potential funding partners. In 1998, the City of San Diego (“City”) was looking to redevelop 26 blocks in the East Village with a new baseball stadium and ancillary development. CAA ICON was hired to advise the City from the inception of the project and were involved in all aspects of the project from initial planning to development and ballpark management options. CAA ICON supported the City and its legal team in structuring their deal with the San Diego Padres (“Padres”). Specifically, Dan Barrett co-led the negotiations with the Padres on behalf of the City and provided support to the legal team in drafting definitive documents. CAA ICON was instrumental in transforming a major portion of downtown San Diego from an abandoned industrial wasteland to a thriving entertainment district. The redevelopment includes Petco Park (home of the Padres), hotels, residential, retail and office space valued in excess of $3 billion. City of Sacramento: Golden 1 Center Case Study Financing Alternatives – Identified and considered alternative financing structures/options for the new arena including public and private financing mechanisms and sources of funding. Deal Structure/Lease Analysis – Developed detailed case studies, including sources/uses of funds, lease summaries, etc., for comparable NBA arena transactions. Prepared a comprehensive review and evaluation of NBA arena deal structures and leases. Market Demand Analysis – Evaluated the local market area demand and developed a preliminary arena program through a detailed assessment of local and regional market characteristics, demographics, and benchmarking. Market Validation – Validated preliminary market demand conclusions developed in the previous phase by conducting consumer research including web-based surveys, corporate surveys, and focus groups. Financial Feasibility Analysis – Created a baseline operating and financial profile for a new arena in Sacramento including detailed operating revenues (ticket revenue, premium spaces, naming rights, etc.) and expenses (arena and team operations, sponsorship, broadcasting, etc.) to determine project feasibility. For many years, the City of Sacramento (“City”) was repeatedly facing the risk that the Sacramento Kings (“Kings”) would relocate to another market. In 2013, the Maloof family announced that they had sold the Kings to an ownership group in Seattle and that the team would be relocating. CAA ICON worked closely with Mayor Kevin Johnson and his staff to help keep the team in Sacramento. CAA ICON was tasked with developing an arena financing plan in a 90-day period. CAA ICON played an instrumental role in negotiating and structuring a deal for the development of an arena and the redevelopment of the Downtown Plaza in Sacramento, as well as assisting with the development of the financing plan and negotiating the transaction on behalf of the City. Dan Barrett, with support from Josh Cohen, served as lead negotiator for the City in structuring its deal with the NBA/new ownership group and also provided support to the legal team in drafting definitive documents. CAA ICON also provided the additional consulting services to the City: Financing Plan and Alternatives – Assisted in the development of the financing plan as well as identified and considered alternative financing structures/options for the new arena, including public and private financing mechanisms and sources of funding. Deal Structure Advisory – Provided detailed comparisons of NBA arena deal structures in order to provide a tool during negotiations with potential funding partners. Miscellaneous/Additional Support – Interacted with the Milwaukee Bucks owners and staff, NBA representatives, bond counsel investment banks, and other project advisors, as well as participated in briefings and meetings. CAA ICON was engaged by the State of Wisconsin Department of Administration Capital Finance Office (on behalf of the Wisconsin Center District, the City of Milwaukee, Milwaukee County, and Greater Milwaukee Foundation) as the lead negotiator in connection with the development of Fiserv Forum and the adjoining ancillary development, now known as Deer District. Dan Barrett, with support from Josh Cohen, acted as lead negotiator for the State of Wisconsin in structuring their deal with the Milwaukee Bucks. CAA ICON also provided support to the legal team in drafting definitive documents. State of Wisconsin: Fiserv Forum/Deer District Case Study Lease Occupancy Cost Analysis – Evaluated the Hurricanes’ deal structure/lease and costs of arena occupancy in comparison to peer NHL teams. Once lease terms were generally agreed to, CAA ICON conducted a second occupancy cost analysis to understand the Hurricanes occupancy cost after implementation of the lease amendment. Market Analysis – Evaluated the local and regional market area demand and developed a preliminary arena program (capacity, luxury suites, loge boxes, club seats, parking, etc.) through a detailed assessment of local and regional market characteristics, demographics, and benchmarking. Market Validation – Validated preliminary market demand conclusions developed in the previous phase by conducting consumer research including web-based surveys, corporate surveys, and focus groups. Financial Feasibility Analysis – Created a baseline operating and financial profile for a renovated arena, including detailed operating revenues and expenses. The financial model was used to evaluate the incremental impacts to be generated by the Hurricanes in a renovated PNC Arena. In early 2019, the Centennial Authority (“Authority”), owner of PNC Arena, engaged CAA ICON to provide consulting services in connection with lease extension discussions with the Carolina Hurricanes (the lease at PNC Arena was set to expire in June 2024). CAA ICON supported the Authority and its legal team in the negotiating key business terms related to the lease extension. Specifically, Dan Barrett, with support from Josh Cohen and Bryan Slater, led the negotiations with the Hurricanes on behalf of the Authority. Based partly on CAA ICON’s findings and recommendations, the Authority and the Hurricanes signed a 5-year lease extension at PNC Arena. The lease extension included various terms related to operating and financial support, non-relocation, termination rights/repayments, profit sharing, etc. CAA ICON continues to provide consulting services to the Authority. CAA ICON also provided the additional consulting services to the Authority: Centennial Authority: PNC Arena Case Study Page 12 Demonstrated Experience of Firm and Project Personnel DAN BARRETT – PRESIDENT Dan has more than 30 years of national and international experience in planning, negotiating, financing, developing, valuing, and operating sports, entertainment, and other real estate projects. Dan has extensive experience with major league, minor league, collegiate and amateur/recreation projects. He also has experience with operations, valuation, and transactions involving numerous types of sports teams and leagues. Dan has personally completed over 2,000 sports industry projects and was the founder and principal owner of Barrett Sports Group (“BSG”), an industry leading sports management company, which was acquired by CAA and its subsidiary CAA ICON in 2017. Prior to forming BSG, he was the Managing Director for the Western Region Sports & Entertainment Investment Banking Division of A.G. Edwards & Sons, Inc. (now Wells Fargo) and prior to that was the leader of the Western Region Hospitality, Sports & Leisure Consulting Practice for Deloitte & Touche, LLP. Dan’s investment banking experience differentiates him from other consultants, and he has consistently developed creative solutions to complex problems. Dan has been a speaker at various sports industry conferences and conventions and a guest lecturer at the University of Southern California (USC), California State University, Long Beach and the University of San Francisco. He has also has been an adjunct professor having taught the Business of Sport elective at the University of San Francisco graduate program in Sports Management. Dan has served as a sports industry expert witness on numerous occasions. He earned a Bachelor of Arts – Economics/International Studies from the University of California, Los Angeles (UCLA) and a Master of Business Administration – Finance/Real Estate from USC. ART AARON – MANAGING DIRECTOR OF NEW VENTURES Art has 30+ years negotiating and completing agreements relating to the development, financing, leasing, and operation of sports and entertainment venues, professional sports teams, film production and distribution, and telecommunications businesses. He has worked for CAA ICON and its predecessors for over 20 years, most recently as President and COO of CAA ICON from January 2013 until December 2021. Art’s background in project management, and the negotiation of deals in sports and entertainment related to project management, is unsurpassed in the industry. Particularly relevant to this engagement, during the development and construction of Rogers Place in Edmonton, Art provided extensive counsel and advice on structuring the unique public-private partnership that allowed that project to move forward successfully under the management of a committee with equal representation from the City of Edmonton and the Edmonton Oilers development affiliate. Prior to joining CAA ICON, Art was Executive Vice President of Ascent Entertainment Group, a public company that owned the Denver Nuggets, Colorado Avalanche and other entertainment assets. Before that, he practiced mergers and acquisitions law at Skadden, Arps, Slate, Meagher & Flom after graduating from Harvard Law School. He also has a Master’s in Public Education from Boston University and a Bachelor of Science from the Sloan School at the Massachusetts Institute of Technology, and is a veteran of the U.S. Army. Our team is comprised of industry specialists who have the technical skills and industry experience required to successfully complete the Project. Our focus is on satisfying the project’s needs in the most practical, timely, and cost-effective manner. Highlights of our staff bios are provided below. Page 13 Demonstrated Experience of Firm and Project Personnel JOSH COHEN – VICE PRESIDENT Josh leads the firm’s Scottsdale, Arizona office. He has more than 20 years of experience in the valuation, planning, financing, development, and operations of sports and entertainment facilities, as well as a comprehensive understanding of the operations of major league, minor league, and collegiate teams. Specifically, Josh has extensive experience in the following areas, including but not limited to: market demand analysis; financial feasibility analysis; cash flow modeling; financing and funding analysis; economic and fiscal impact analysis; franchise valuation analysis; stadium and arena valuation analysis; transaction due diligence; stadium and arena lease evaluation; general advisory, strategic and litigation support for major league, minor league, and collegiate teams. Josh has been with CAA ICON since the acquisition of Barrett Sports Group in 2017. He graduated from Arizona State University (ASU) with a Master of Business Administration (Emphasis Finance), and from University of California, Los Angeles (UCLA) with a Bachelor of Arts in Political Science with a specialization in Business Administration. BRYAN SLATER – SENIOR DIRECTOR Bryan is based in our Nashville office. He joined CAA ICON in 2018 from Brailsford & Dunlavey where he served as Senior Project Manager and Leader of the B&D VENUES development advisory group, a specialized group focused exclusively on the planning and development of sports and entertainment facilities. He has overseen projects for the MLB, MLS, NBA, NFL, NHL and minor league baseball facilities, along with “Power Five” collegiate athletic departments and municipal governments throughout the nation. In addition, Bryan taught Sports Facility Development and Management at George Washington University in Washington, D.C. He graduated from Southern Illinois University with a Master’s in Business Administration, and graduated from Indiana University with a Bachelor of Science in Business. Lead NegotiatorDan Barrett (50%) Negotiating Support Art Aaron (10%)Josh Cohen (20%) Bryan Slater (20%) * *Due to the nature of negotiations and their complexities, we cannot provide estimated hours for team members at this time. Page 14 Experience (Partial List) City of Clearwater (Sub-consultant to Hilltop Securities) – Deal Structure/ Lease Analysis of MLB Spring Training Facilities Arizona State University – Sloan Park Spring Training Complex Negotiations City of San Diego – Petco Park Lead Negotiator Centennial Authority – PNC Arena Deal Lead Negotiator and Renovation/Lease Analysis State of Wisconsin – Fiserv Forum/Deer District Lead Negotiator City of Sacramento – Golden 1 Center Lead Negotiator City of Phoenix – Talking Stick Resort Arena Renovation Lead Negotiator Charlotte Hornets – Spectrum Center Renovation Negotiating Support and Feasibility Study Gateway Economic Development Corp – Rocket Mortgage FieldHouse Project Negotiating Support Washington State MLB PFD – T-Mobile Park (formerly Safeco Field) Lease Extension Tampa Bay Rays – Lease Analysis Oakland A’s – Proposed Ballpark Analysis Cleveland Indians – Progressive Field Lease Extension Colorado Rockies – Coors Field Economic/Fiscal Impact Analysis (Lease Extension) San Francisco Giants – AT&T Park Valuation Toronto Blue Jays - Skydome Preliminary Acquisition Due Diligence Washington State MLB PFD – Strategic Planning/Lease Analysis T-Mobile Park (formerly Safeco Field) Houston-Harris County Sports Authority – Minute Maid Park City of Anaheim – Angel Stadium of Anaheim City of Fremont – Proposed Oakland A’s Ballpark State of Minnesota – MLB Benchmarking Analysis Commonwealth of Virginia – Proposed MLB Stadium Project Downtown Council Kansas City – Proposed MLB Ballpark El Paso Chihuahuas – Southwest University Park Memphis Redbirds – AutoZone Park Qualifications • President, CAA ICON • Founder and Principal Owner, Barrett Sports Group • Managing Director of the Western Region Sports & Entertainment Investment Banking Division of A.G. Edwards & Sons • Head of the Western Region Hospitality, Sports & Leisure Consulting Practice for Deloitte & Touche LLP • 30+ years of experience Education • Bachelor of Arts in Economics/International Studies, University of California, Los Angeles • Master of Business Administration in Finance and Real Estate, University of Southern California DAN BARRETT President Page 15 Qualifications • Managing Director of New Ventures, CAA ICON • President and Chief Operating Officer, CAA ICON • Executive Vice President, Ascent Entertainment Group • M&A Lawyer, Skadden Arps Slate Meager & Flom • Health Facilities Project Officer, Army Medical Service Corp, Augsburg, Germany Education • Bachelor of Science in Management Science, Massachusetts Institute of Technology • Master of Education in Human Services Management, Boston University • Juris Doctor, Harvard Law School ART AARON Managing Director of New Ventures Experience (Partial List) 1060 Project, MLB (Cubs) – Chicago, IL $1,100,000,000 Rogers Place and Associated Private Development, NHL (Oilers) Edmonton, AB $613,700,000 BMO Field Renovation, MLS (Toronto FC) – Toronto, ON $150,600,000 Climate Pledge Arena, (Kraken / Storm) – Seattle, WA $1,100,000,000 Moody Center, NCAA (Longhorns) – Austin, TX $350,000,000 Chase Center, NBA (Warriors) – San Francisco, CA $1,000,000,000 Fiserv Forum, NBA (Bucks) – Milwaukee, WI $524,000,000 Vivint Arena Renovation, NBA (Jazz ) – Salt Lake City, UT $125,000,000 Golden 1 Center, NBA (Kings) – Sacramento, CA $534,600,000 T-Mobile Arena, NHL (Golden Knights) – Las Vegas, NV $375,000,000 Allegiant Stadium, NFL (Raiders) – Las Vegas, NV $1,700,000,000 GEODIS Park, MLS (Nashville SC) – Nashville, TN $325,000,000 Q2 Stadium, MLS (Austin FC) – Austin, TX $250,000,000 Exploria Stadium, MLS (Orlando SC) – Orlando, FL $132,000,000 AT&T Center Renovation, NBA (Spurs) – San Antonio, TX $100,000,000 Paycom Center, NBA (Thunder) – Oklahoma City, OK $101,000,000 Page 16 Qualifications • Vice President, CAA ICON • Senior Manager at Barrett Sports Group, LLC • 20+ years of experience Education • Bachelor of Arts in Political Science with a Specialization in Business Administration, University of California, Los Angeles • Masters of Business Administration (emphasis Finance), Arizona State University Experience (Partial List) City of Clearwater (Sub-consultant to Hilltop Securities) – Deal Structure/ Lease Analysis of MLB Spring Training Facilities Arizona State University – Sloan Park Spring Training Complex Negotiations City of San Diego – Petco Park Negotiating Support Centennial Authority – PNC Arena Deal Negotiating Support and Renovation/Lease Analysis State of Wisconsin – Fiserv Forum/Deer District Negotiating Support City of Sacramento – Golden 1 Center Negotiating Support City of Phoenix – Talking Stick Resort Arena Renovation Negotiating Support Charlotte Hornets – Spectrum Center Renovation Negotiating Support and Feasibility Study Gateway Economic Development Corp – Rocket Mortgage FieldHouse Project Negotiating Support Washington State MLB PFD – T-Mobile Park (formerly Safeco Field) Lease Extension Tampa Bay Rays – Lease Analysis Oakland A’s – Proposed Ballpark Analysis Colorado Rockies – Coors Field Economic/Fiscal Impact Analysis (Lease Extension) San Francisco Giants – AT&T Park Valuation Washington State MLB PFD – Strategic Planning/Lease Analysis T-Mobile Park (formerly Safeco Field) City of Anaheim – Angel Stadium of Anaheim City of Fremont – Proposed Oakland A’s Ballpark Commonwealth of Virginia – Proposed MLB Stadium Project Downtown Council Kansas City – Proposed MLB Ballpark El Paso Chihuahuas – Southwest University Park Memphis Redbirds – AutoZone Park Nashville/Davidson – First Tennessee Park College World Series Stadium Committee – TD Ameritrade Park Omaha City of Fayetteville – Proposed New Stadium JOSH COHEN Vice President Page 17 Qualifications • Senior Director, CAA ICON • Senior Project Manager, Brailsford & Dunlavey, Inc. • Adjunct Lecturer, George Washington University School of Tourism & Hospitality Management Education • Bachelor of Science in Business (emphasis in Business Management), Indiana University – Kelley School of Business • Masters of Business Administration, Southern Illinois University Edwardsville BRYAN SLATER Senior Director Experience (Partial List) Centennial Authority – PNC Arena Deal Negotiating Support and Renovation/Lease Analysis Charlotte Hornets – Spectrum Center Renovation Negotiating Support and Feasibility Study Washington State Major League Baseball Public Facilities District and Seattle Mariners – Long-Term Capital Needs Assessment Events DC – Nationals Park Long-Term Capital Needs Assessment and Capital Improvement Advisory Services St Louis Cardinals – Long-Term Capital Needs Assessment Howard Hughes Corporation (Las Vegas 51s) – AAA Ballpark Feasibility Study PBC Associates (Pawtucket Red Sox) – AAA Ballpark Feasibility Study and Economic Impact Analysis City of Pawtucket – AAA Ballpark Feasibility Study and Economic Impact Analysis Centro San Antonio – AAA Ballpark Feasibility Study City of Madison, AL – AA Ballpark Feasibility Study Amarillo Economic Development Corporation – AA Ballpark Feasibility Study and Economic Impact Analysis City of Hartford, CT – AA Ballpark Feasibility Study and Economic Impact Analysis City of Columbia, SC – A Ballpark Feasibility Study and Economic Impact Analysis Fredericksburg Economic Development Authority – A Ballpark Feasibility Study and Fiscal Impact Analysis City of Virginia Beach – Independent League Ballpark Feasibility Study Austin FC – Stadium Development and Financing Advisory Services MLS2STL – Stadium/Team Feasibility Analysis DC Dept. Of General Services – DC United Market, Financial and Impact Analysis City of Sacramento – MLS Expansion Team/Stadium Deal Structure Support Pegula Sports and Entertainment – NFL Stadium Renovation and Replacement Analysis Page 18 3. PROJECT METHODOLOGY, APPROACH AND TIMELINE Page 19 Project Methodology, Approach and Timeline Based on our understanding of your needs, we are proposing our scope of services (collectively, the “Services”) in the approach as set forth below. Due Diligence Immediately upon our notice to proceed from the City, CAA ICON would commence by completing a number of key due diligence tasks to better understand your specific situation, as well as your goals and objectives. Such tasks allow our team to establish the foundation for the engagement to move forward in an efficient manner. Our due diligence includes the following steps: 1. Kickoff meeting/conference call 2. Develop understanding of background/history 3. Meet with key representatives and advisors 4. Identify goals and objectives 5. Identify key stakeholders 6. Determine preliminary schedule 7. Define roles and expectations 8. Establish communication guidelines 9. Prepare data request 10. Review key documents Negotiation Strategy Development Successful consulting in the sports and entertainment industry requires in-depth knowledge and extensive experience in a broad range of a highly specialized and complex areas. Sports and entertainment consulting encompasses not only diverse organizational and technical issues, but also many projects must be performed under public scrutiny in a complex marketing, financial, political, and statutory environment. Building upon our years of experience, we will collaborate with the City to prepare, plan, and execute a negotiation strategy. Key to building the negotiation strategy are a number of tangible and intangible factors including: 1. Key Considerations a. Financial considerations b. Financing considerations c. Operating considerations d. Capital repair considerations e. Timing considerations f. Political considerations 2. Parameters of agreement terms a. Alignment with goals b. Risks and opportunities 3. Key stakeholder goals/objectives and alternatives Page 20 Project Methodology, Approach and Timeline Deal Structure/Lease Analysis CAA ICON will provide detailed deal structure/lease analysis comparison for MLB teams/spring training facilities. The analysis will provide independent, objective support during negotiations with potential public sector partners. The analysis seeks to answer the following high-level questions: 1. How does the proposed deal compare to other MLB spring training deals? 2. Will the proposed deal represent an above-market deal, below-market deal, or market rate deal? 3. How will the deal impact short-term and long-term team and ballpark economics from a comparative/competitive perspective? CAA ICON will prepare a comprehensive review and evaluation of comparable spring training deal structures and leases, and will provide case studies for each transaction that will include development overviews, sources/uses of funds (including a breakdown of public vs. private investment), lease summaries, etc. The analysis will attempt to isolate all the relevant deal points and lease terms to allow for accurate and meaningful comparisons. CAA ICON will attempt to identify the material lease components and account for other significant costs of occupancy (e.g. direct and indirect equity/debt contributions). CAA ICON’s analysis is based on identifying the respective team’s total occupancy costs as a percentage of estimated spring training facility revenues, gross gate receipts, and net gate receipts, among other measurements. Examples of occupancy costs include: 1. Rental payments and taxes a. Base rent/additional rent/percentage rent b. Ticket sales tax/ticket surcharges/admissions taxes 2. Revenue sharing with public sector partner(s) a. Luxury suites/club level seats/loge boxes/private club b. Concessions/novelties c. Naming rights/advertising/sponsorships d. Parking (and parking surcharges) e. Other 3. Expenses a. Gameday operating expenses b. Ballpark operating expenses c. Ballpark capital expenses d. Other 4. Up-front team equity/debt investment (effectively pre-paid rent) 5. Vendor/concessionaire investment 6. Miscellaneous/other a. Rent rebate/ticket guarantee CAA ICON will develop an equivalent performance analysis for MLB spring training deal structures and leases. The equivalent performance analysis approach attempts to isolate the deal points and lease terms to better understand their impact on the team. Performance measures such as attendance, average ticket price, sponsorship revenue, etc. are held constant, while facility attributes such as capacity, number of luxury suites, number of club seats, number of parking stalls, etc. reflect actual characteristics. The output is a summary of findings and comment(s) on how the deal structure compares to other relevant MLB spring training deals. Page 21 Project Methodology, Approach and Timeline Negotiation Advisory and Support We are recognized for our independence and objectivity. We have no pre-determined position on the course of action that should be taken. Our support through the engagement will be independent and impartial, and our primary goal is to provide accurate data to the City and its constituents. Through the negotiation with counterparties, CAA ICON will provide support services to include: 1. Deal structure advisory a. Advise on comparability with other spring training venues b. Bring creative thinking to deal negotiations based on past experience and specific needs of the City and key stakeholders c. As necessary, present findings to key stakeholders 2. Lead negotiations with counterparties a. Work with City resources to analyze and evaluate key negotiation terms 3. Identify issues and concerns a. Develop risk mitigation strategies 4. Evaluate financial impacts of key negotiating terms and support the City in its financial analyses, as necessary and appropriate: a. Research, prepare, plan, and model potential outcomes in advance of each conversation/negotiation with counterparties. b. Provide multi-variable scenarios for each stage of the negotiation, with a qualitative and quantitative assessment of each c. Provide an assessment of market rate deal structure/lease terms 5. Develop, review, and validate the financial analysis as needed for all the potential related scenarios. Consideration of alternative approaches a. Gather and present comprehensive data on alternative options. 6. Support go/no go decision a. Submit all proposals/counterproposals with support from the City b. Resolve and clarify all outstanding issues for each variable Document Execution Support With the consultation and coordination of external legal counsel, CAA ICON will support the City and its outside counsel in development of definitive documents through execution. This process includes: 1. Support the preparation of key definitive documents by the City and its external legal counsel: a. Letter of intent/memorandum of understanding/term sheet b. Definitive agreements c. Other documents, as appropriate 2. During negotiations, assist the City and external legal counsel in reviewing and responding to proposals by the other parties 3. When documents are ready for execution, assist the City and external legal counsel in briefing key stakeholders when documents are reviewed and considered for approval Timeline Due to the nature of the Project, certain tasks may be completed quickly, while others may only be completed after an extended period of time due to reliance on the interest, activities, and performance of other parties. For this reason, we are not able to provide a detailed timeline of the tasks described in the Services at this time. Page 22 4. REFERENCES Page 23 References CITY OF CLEARWATER Date of Services: 2019–2020 Description of Services: CAA ICON was previously engaged (as a sub-consultant to Hilltop Securities) in 2019 to assist the City. CAA ICON provided a detailed deal structure/lease analysis comparison for MLB spring training facilities. CAA ICON participated in negotiations and discussions with key stakeholders from the City, County, and Phillies during the engagement. Address: Municipal Services Building, 1st Floor, 100 S. Myrtle Avenue, Clearwater, FL 33756 Contact Person: Jim Halios, Former Director of Parks and Recreation Telephone Number: (727) 424–6046 CENTENNIAL AUTHORITY Date of Services: 2019–Current Description of Services: In early 2019, the Centennial Authority, owner of PNC Arena, engaged CAA ICON to provide consulting services in connection with lease extension discussions with the Carolina Hurricanes (lease at PNC Arena was set to expire in June 2024). CAA ICON supported the Authority and its legal team in negotiating key business terms related to the lease extension. CAA ICON, specifically Dan Barrett, with support from Josh Cohen and Bryan Slater, led the negotiations with the Hurricanes on behalf of the Authority. Address: 1400 Edwards Mill Road, Raleigh, NC 27607 Contact Person: Jeff Merritt, Executive Director Telephone Number: (919) 829–8132 Email: jmerritt@centauth.com CITY OF SACRAMENTO Date of Services: 2006–2016 Description of Services: Among other services, CAA ICON, specifically Dan Barrett, with support from Josh Cohen, served as lead negotiator for the City of Sacramento in structuring it’s deal with the NBA and new ownership group (the Sacramento Kings). CAA ICON also provided support to the legal team in drafting definitive documents. Address: City Hall 915 I Street, 5th Floor, Sacramento, CA 95814 Contact Person: Darrell Steinberg, Mayor of Sacramento Telephone Number: (916) 808–5300 Email: steinberg.darrell06@gmail.com WISCONSIN CENTER DISTRICT Date of Services: 2015–2017 Description of Services: CAA ICON was engaged by the State of Wisconsin Department of Administration Capital Finance Office (on behalf of the Wisconsin Center District, the City of Milwaukee, Milwaukee County, and Greater Milwaukee Foundation) as the chief lead negotiator and financial advisor in connection with Fiserv Forum and the adjoining ancillary development, now known as Deer District. Address: 555 W Wells St., Milwaukee, WI 53203 Contact Person: Scott Neitzel, Former Wisconsin Center District Chairman Telephone Number: (608) 441–1657 Email: neitzelsa@gmail.com Page 24 5. COST OF SERVICE Page 25 Cost of Service The fees for professional services of this nature are difficult to estimate due to the uncertainty of the final scope of services associated with the Project. Due to their nature, certain tasks may be completed quickly, while others may only be completed after an extended period of time due to reliance on the interest, activities, and performance of the counterparties. We will perform the work described in the Services for $35,000 per month for a minimum of three months ($105,000 in total professional fees), plus reimbursement for all expenses incurred, including, without limitation, travel and subsistence of our staff, copies, postage, publications, subcontractors, specialized reports, maps, econometric models, survey web-hosting (if any), and survey panels (if any). At the end of the initial three month period, we will discuss with you our business arrangements and reach a mutually agreeable approach moving forward. It is understood that not all the tasks described above will be completed in the initial three month period. For scopes of work outside the Services specified, our current standard hourly rates are as follows: Personnel Hourly Rates Dan Barrett – President $595 Art Aaron – Managing Director $550 Josh Cohen – Vice President $450 Bryan Slater – Senior Director $400 Page 26 6. FORMS Page 27 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Professional Svcs –Negotiations with MLB Team 23 RFP #31-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note –Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation:Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X X Following this form, we have included Exceptions to the City's Terms and Conditions. ICON Venue Group, LLC March 29, 2023 Page 28 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA EXCEPTIONS ATTACHMENT | CONTINUATION OF PAGE 23 The following are exceptions/additions to the Standard Terms and Conditions: 1. Information and Data; Independence; Disclaimers. a. The written reports (including the Final Report), recommendations, analyses, and conclusions, whether complete, incomplete, in final or draft form, provided by Vendor (collectively, “Reports”; each, a “Report”) may include estimates of annual operating results based upon courses of action that the City expects to take prior to and during the period under analysis. City is solely responsible for representations about its plans and expectations, and for the disclosure of information that might affect the estimated results. City acknowledges that Vendor will provide an independent evaluation, and City agrees to not attempt to influence or otherwise affect the independence of Vendor’s Services. City further understands and agrees that (i) Vendor makes no assurances or guarantees of market demand, recommendations or subsequent outcomes (nor have the same been made or are a condition of this Agreement), (ii) any plot plans, sketches, drawings or other exhibits included in the Reports, if any, are included only to assist the reader in visualizing the Assets (as defined below), and (iii) Vendor disclaims all responsibility for any survey (including the results thereof). b. Vendor’s Services may include providing advice or recommendations to the City; however, implementation (or lack thereof) of any such advice or recommendations is the City’s sole responsibility. Vendor disclaims all responsibility for decisions made by the City relating to Vendor’s Services. c. Any projections of future sales, rents, revenues, expenses, net operating income, mortgage debt service, capital outlays, cash flows, inflation, capitalization rates, yield rates or interest rates are intended solely for analytical purposes and are not to be construed as predictions of Vendor. They represent only the judgment of the authors as to the assumptions likely to be used by purchasers and sellers active in the market place, and their accuracy is in no way guaranteed. d. To the extent any Reports contains value estimates, asset values are influenced by a large number of external factors. The information contained in the Reports comprises the pertinent data considered necessary to support the value estimate. City acknowledges and agrees that Vendor does not guarantee that Vendor has knowledge of all factors that might influence the value of the subject property. Due to rapid changes in external factors, the value estimate is considered reliable only as of the effective date of the appraisal. e. Vendor is entitled to rely on, without independent verification, the accuracy of all information and data provided to Vendor by or on behalf of City. All information and data to be supplied will be complete and accurate to the best of the City’s knowledge. Vendor disclaims all responsibility for, and provides no assurance regarding, the accuracy of any such information or data. Vendor further disclaims all responsibility for any assumptions made or provided by the City, which assumptions are the City’s sole responsibility. Additionally, to the extent that the Services includes assets, properties or business interests (collectively, the “Assets”), Vendor is entitled to make the following assumptions regarding any such Assets, and disclaims all responsibility for such assumptions: i. Title is good and marketable, and the Assets are free and clear of any and all security interests, encroachments, liens or other encumbrances, and the rightful claim of any Page 29 third person by way of infringement (including, without limitation, patent, trademark, trade dress, and copyright infringement); ii. The Assets are full compliance with all applicable federal, state, local and national regulations and laws (including, without limitation, zoning regulations), and all required licenses, certificates of occupancy, consents, or legislative or administrative authority from any federal, state, local or national government, private entity or organization have been or can be obtained or renewed for any use on which Vendor’s Services are to be based; iii. The Assets and any surrounding property are free of adverse soil conditions, as well as any hazardous or contaminated substances (including, without limitation, asbestos, PCB transformers, or other toxic materials, or underground storage tanks). For clarity, the costs of removing, mitigating or remediating any of the foregoing is not included in any Report; and iv. The Assets are responsibly owned and competently managed. 2. Unseen Conditions. Vendor’s Services are based only upon the readily observable conditions of the Project site or any facilities located on the Project site. Vendor will make no analysis, review, or study into subsurface conditions, structural conditions, contaminated or hazardous waste conditions (if any exist), or unseen or unforeseen conditions. Vendor’s Services shall further not take into consideration the possibility of the existence of any hazardous or contaminated substances in or around the Assets (including, without limitation, asbestos, PCB transformers, or other toxic, or underground storage tanks), or the cost of their removal. By executing this Agreement, City acknowledges and agrees that Vendor is not qualified to detect, and shall not be responsible for detecting, any such hazardous or contaminated substances. 3. Reports; Services Not Included. The Reports are valid only when presented in their entirety and only for the purpose stated therein. All partially completed Reports or drafts presented to City are for internal review only and are not otherwise valid. City acknowledges and agrees that (a) the Reports do not, in whole or in part, constitute a fairness or solvency opinion and (b) Vendor will not perform any review, audit or other attestation procedures with respect to financial information as defined by the American Institute of Certified Public Accountants and will not issue any opinion, report or other form of assurance with respect to any financial information. City acknowledges that there may be differences between the estimated and actual results because events and circumstances frequently do not occur as expected, and those differences may be material. Should the City have any concerns with regard to the estimates, Vendor and the City will discuss those concerns before the Final Report is issued. The Reports are intended for internal use only and may not be used, in whole or in part, in any financing, investment, or marketing purposes or documents. Furthermore, Vendor is not acting as an architect, a general contractor, insurance advisor, nor an attorney or other legal representative in connection with the Project or in the performance of Services hereunder. Vendor is not responsible to City for actual architectural work or design, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Project, although Vendor may advise and consult with City with respect thereto. City agrees that all of Vendor’s consultations with and recommendations to City with respect to design decisions shall be made to assist City in evaluating alternatives from the City’s perspective and interest (including, without limitation, alternatives with respect to value engineering) and are not to be considered a design evaluation of the soundness or effectiveness of any particular design approach. City acknowledges and agrees that Vendor is not liable for Page 30 any acts or omissions of any architect, general contractor, insurance advisor, any attorney or other legal representative, Specialty Consultant, nor any associated professionals and consultants. City further agrees that Vendor will be compensated for any time and expenses (including, without limitation, legal fees and expenses) that Vendor may incur in considering or responding to discovery requests or other requests for documents or information, or in participating as a witness or otherwise in any legal, regulatory, or other proceedings, including, without limitation, those other than in this matter, as a result of Vendor’s performance of the Services. 4. Indemnification. City agrees to defend, indemnify and hold harmless Vendor, its parent, affiliate and subsidiary companies, and their respective owners, officers, members, managers, directors, agents, and employees (collectively, the “Indemnitees”) from and against any causes of action, investigations, damages, claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) of any nature, kind, or description (collectively, “Losses”) that may be asserted, brought against, paid or incurred by any Indemnitee at any time in any way arising out of or relating to the Services, except to the extent it is finally judicially determined that such Losses have resulted from the intentional misconduct of Vendor. The provisions of this paragraph shall apply regardless of the form of action, whether in contract, statute, tort (including, without limitation, negligence), or otherwise, and shall survive the expiration or termination of this Agreement. 5. Limitation on Damages; Waiver of Consequential Damages. Vendor shall not be liable for any Losses in any way arising out of or relating to this Agreement for an aggregate amount in excess of the professional fees paid by the City to Vendor for its Services. In no event shall either party, including its members, principals, or employees, be liable for any consequential, special, indirect, incidental, punitive, or exemplary loss, damage, cost, or expense (including, without limitation, lost profits and opportunity costs). The foregoing limitation shall not extend or be construed to extend beyond the scope of this Agreement. The provisions of this paragraph shall apply regardless of the form of action, whether in contract, statute, tort (including, without limitation, negligence), or otherwise, and shall survive the expiration or termination of this Agreement. 6. Non-Recourse. In no event and under no circumstances shall Vendor’s members, affiliated or subsidiary organizations and entities, or any of their respective owners, directors, officers, agents, employees, members, trustees, volunteers, representatives, partners, or shareholders have any personal obligation or liability for any of the terms, covenants, agreements, undertakings, representations or warranties contained in this Agreement. In the case of a default hereunder by Vendor, the City and all persons claiming by, through, or under the City, shall look solely to Vendor, Vendor’s insurance, and any other assets of any nature whatsoever of Vendor, but not of such other entities or persons. The provisions of this paragraph shall apply regardless of the form of action, whether in contract, statute, tort (including, without limitation, negligence), or otherwise, and shall survive the expiration or termination of this Agreement. The following are exceptions/additions to the Detailed Specifications: 7. Section 5: Vendor cannot provide certified copies of any applicable polices, but otherwise can comply with such Section 5. Page 31 VENDOR INFORMATION Professional Svcs –Negotiations with MLB Team 24 RFP #31-23 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 proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. ICON Venue Group, LLC CAA ICON 5075 S. Syracuse St., Suite 700 Denver CO 80237 303-557-3700 info@caaicon.com https://www.caaicon.com Lindsay Connell 303-557-3756 lindsay.connell@caaicon.com Dan Barrett 623610065 310-802-8775 daniel.barrett@caaicon.com Page 32 VENDOR CERTIFICATION OF PROPOSAL Professional Svcs –Negotiations with MLB Team 25 RFP #31-23 By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, orconsultant who has or may have had a role in the procurement process for the services and or goods/materialscovered by this contract.f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,or in response to a public records request under Florida’s public records law (F.S. 119)or other applicablelaw, subpoena, or other judicial process.g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”)will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulationsthat relate to their employees.h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes andRules if awarded by the City.j)It is current in all obligations due to the City.k)It will accept such terms and conditions in a resulting contract if awarded by the City.l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: ICON Venue Group, LLC Dan Barrett President March 29, 2023 Page 33 Page 34 Page 35 Page 36 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) ICON VENUE GROUP, LLC CAA ICON ✔ 5075 S. SYRACUSE ST., SUITE 700 DENVER, COLORADO 80237 20 1811449 January 13, 2023 Page 37 Holder Identifier : 7777777707070700077763616065553330771525777016555507661134663604233073663456044313310726042111052312007526333136027630075527331334326760751410603673113107637312552257620077727252025773110777777707000707007 6666666606060600062606466204446200602022626026000006022204260262222060022062622400200602200604026222206002004062260002062222042420400220622220606206220006222026040260200066646062240664440666666606000606006Certificate No : 570098469335 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/24/2023 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 29424Hartford Casualty Insurance CoINSURER A: 42307Navigators Insurance CoINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: ICON Venue Group, LLC, dba CAA ICON 5075 S. Syracuse St.Suite 700Denver CO 80237 USA COVERAGES CERTIFICATE NUMBER:570098469335 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $10,000 $1,000,000 $2,000,000 $2,000,000 B 02/15/2023 02/15/2024LA21NCP021578-02 PRO-JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE(Per accident) X BODILY INJURY (Per accident) $1,000,000B02/15/2023 02/15/2024 COMBINED SINGLE LIMIT(Ea accident)LA21NCP021578-02 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 $10,000 02/15/2023UMBRELLA LIABB 02/15/2024LA23UMPZ07H3RIV RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEA12/06/2022 12/06/2023 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 72WBAC3UX8 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEHilltop Securities Inc. and the City of Clearwater, Florida 8055 E. Tufts Ave., Suite 500 Denver CO 80237 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0 CITY OF CLEARWATER RFP #31-23 Professional Services – Negotiations with MLB Team March 30, 2023 PREPARED BY Julia Mandell Shareholder 401 E. Jackson Street Tampa, Florida 33602 813.273.5110 julia.mandell@gray-robinson.com gray-robinson.com 1 TABLE OF CONTENTS TAB 1 - LETTER OF TRANSMITTAL __________________________________________________________ 2 TAB 2 - DEMONSTRATED EXPERIENCE OF THE FIRM AND PROJECT PERSONNEL ______________________ 4 TAB 3 - PROJECT METHODOLOGY, APPROACH, AND TIMELINE ____________________________________ 8 TAB 4 – REFERENCES ___________________________________________________________________ 11 TAB 5 - COST OF SERVICE _______________________________________________________________ 12 TAB 6 – FORMS ________________________________________________________________________ 13 A. Exceptions/Additional Materials/Addenda Form __________________________________________ 13 B. Vendor Information Form ___________________________________________________________ 14 C. Vendor Certification of Proposal Form _________________________________________________ 15 D. Scrutinized Companies Form(s) ______________________________________________________ 16 E. E-Verify Eligibility Form ____________________________________________________________ 18 F. W-9 Form _______________________________________________________________________ 19 APPENDIX A – GRAYROBINSON TEAM PROFILES ______________________________________________ 20 Julia C. Mandell, Team Lead ___________________________________________________________ 20 Michael Boutzoukas __________________________________________________________________ 22 Christopher L. Carmody, Jr. ___________________________________________________________ 23 W. Scott Cole ______________________________________________________________________ 27 Brian J. Fender _____________________________________________________________________ 30 Jeffrey M. Schlerf ___________________________________________________________________ 32 2 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 1 - LETTER OF TRANSMITTAL A brief letter of transmittal should be submitted that includes the following information: The proposer’s understanding of the work to be performed. A positive commitment to perform the service within the time period specified. The names of key persons, representatives, project managers who will be the main contacts for the city regarding this project. Lori Vogel, CPPB, Procurement Manager March 30, 2023 City of Clearwater Procurement Division 100 S. Myrtle Avenue Clearwater, FL 33756 Dear Ms. Vogel, On behalf of GrayRobinson, we are pleased to provide this response to the City of Clearwater (the City) Request for Proposal for Professional Services – Negotiations with MLB Team. Enclosed you will find GrayRobinson’s professional experience, accomplishments, references, and qualifications making us uniquely and exceptionally prepared to provide these services to the City. GrayRobinson is a multidimensional team of attorneys, advisors, and consultants recognized as one of the most influential firms in Florida. Our nearly 300 professionals partner with successful businesses and enterprising individuals to resolve disputes, anticipate industry shifts, and harness forward momentum. We serve clients nationally from 15 offices across Florida and Washington, D.C. We provide integrated legal, lobbying, and regulatory services to leading and emerging businesses, state and local governments, industry stakeholders, and entrepreneurs nationwide. Our team’s approach to helping our clients successfully navigate legal challenges and projects is evident by the recognition of GrayRobinson attorneys in the Florida Trend Legal Elite, U.S. News and World Report’s Best Law Firms and Best Lawyers in America, Chambers USA, and Chambers Global rankings. GrayRobinson’s consistent and exceptional representation of governmental clients has served as the bedrock of its business model. GrayRobinson has long provided its clients with effective representation before all levels of Florida government, including city, county, special district, state, and the U.S. Congress. Over the years, we have served as general counsel and/or special counsel to numerous cities, counties, and public agencies. We have also represented hundreds of clients before governmental entities relating to everything from bidder’s protests to DRIs and we have successfully lobbied at all levels of government. In representations such as those contemplated by this RFP, GrayRobinson implements a team approach designed to maximize communication and responsiveness without over-staffing. As the City’s proposed primary point of contact, Julia C. Mandell will handle oversight of the work done for the City and will ensure the overall delivery of satisfaction and value. As former Tampa City Attorney, Julia now serves as a fulltime, practicing GrayRobinson shareholder. In addition to Julia, the team members listed below will be the main contacts for the city regarding this project. 3 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Contact information for team members: JULIA C. MANDELL – TEAM LEAD Shareholder 401 East Jackson Street Suite 2700 Tampa, FL 33602 Phone: 813.273.5110 julia.mandell@gray- robinson.com MICHAEL BOUTZOUKAS Shareholder 401 East Jackson Street Suite 2700 Tampa, FL 33602 Phone: 813.273.5044 michael.boutzoukas@gray- robinson.com CHRISTOPHER L. CARMODY, JR. Shareholder 301 E. Pine Street Suite 1400 Orlando, FL 32801 Phone: 407.244.5649 chris.carmody@gray-robinson.com W. SCOTT COLE Shareholder 301 E. Pine Street Suite 1400 Orlando, FL 32801 Phone: 407.204.3106 scott.cole@gray-robinson.com BRIAN J. FENDER Shareholder 401 East Jackson Street Suite 2700 Tampa, FL 33602 Phone: 813.273.5070 brian.fender@gray-robinson.com JEFFREY M. SCHLERF Of Counsel 401 East Jackson Street Suite 2700 Tampa, FL 33602 Phone: 813.273.5291 jeffrey.schlerf@gray-robinson.com GrayRobinson has a thorough understanding of the requirements and scope of services proposed in this solicitation and we are committed to and capable of performing the work outlined by the City. It is our hope that you recognize the exclusive assets of GrayRobinson’s professionals and favorably consider this proposal. We look forward to hearing from you. Regards, Julia Mandell Shareholder GrayRobinson, P.A. 4 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 2 - DEMONSTRATED EXPERIENCE OF THE FIRM AND PROJECT PERSONNEL A. Identify the project managers(s) and each individual who will work as part of the engagement. Include resumes for each person to be assigned. At GrayRobinson, we understand success requires working as a team, providing innovative and thoughtful counsel, and assessing and adapting strategies throughout the process to deliver results for our clients. GrayRobinson will utilize this team approach to maximize communication and responsiveness to the City’s needs. If selected, Julia Mandell will be the City’s project manager and day-to-day contact. Along with Julia, we have identified the team of Michael Boutzoukas, Chris Carmody, Scott Cole, Brian Fender, and Jeff Schlerf. This team approach allows us to provide an effective negotiation strategy, maintain the flexibility necessary to respond swiftly and thoroughly and facilitate communication and accountability. Appendix A of this document includes full resumes for all proposed team members. B. Describe the experience in conducting similar projects for each of the individuals assigned to the engagement, including their education and their specific involvement in the project. The following summaries describe similar projects in which each of the proposed team members has been involved. Education information is found in the full resumes for all proposed team members located in Appendix A of this document. JULIA MANDELL, TEAM LEAD Julia Mandell is a uniquely talented, process-oriented lawyer advising governmental and business clients throughout the Tampa Bay area. After serving as a long time-public lawyer, she now focuses on counseling and consulting, bringing more than 25 years of invaluable in-house experience to her municipal services practice. Julia works alongside clients to navigate and translate the intricacies of government law and public policy issues. Her particular brand of inside expertise is especially timely and sought after by clients of late as governmental operations continue to be impacted by the current complicated regulatory climate. Julia helps clients get from point A to point B, translating bureaucracy into meaningful action. Julia currently serves as the General Counsel to the Tampa Sports Authority. In this role, she regularly engages in negotiations with various sports teams and other users of the Tampa Sport Authority facilities including Raymond James Stadium and the Hillsborough County Sportsplex. Specifically, Julia successfully negotiated the contract between the Tampa Sports Authority and the XFL to bring that sports franchise to Tampa at Raymond James (the League went into bankruptcy during COVID). In addition, Julia worked with the NFL leadership to renegotiate for Super Bowl LV at Raymond James Stadium. Julia also regularly interfaces with the sports organizations that lease facilities operated by the Tampa Sports Authority, including the Tampa Bay Buccaneers, the New York Yankees, and the Tampa Bay Lightning. Julia regularly engages in land use, zoning, and real estate representation for mixed-use redevelopment projects and masterplans. Julia has been involved in major redevelopment projects in the Tampa and Hillsborough County area including Water Street Tampa. MICHAEL BOUTZOUKAS, TEAM MEMBER Michael focuses his practice on the purchase, sale, financing, leasing, and development of commercial real estate and has been effectively closing complex transactions for more than 30 years. 5 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 As a long time resident of the City of Clearwater, Michael has served as a volunteer member of the City’s Municipal Code Enforcement Board (MCEB) and the Community Development Board (CDB) for more than a dozen years. Throughout his eight years on the CDB, Michael and the CDB were called upon to make recommendations to the City Council regarding development of, or changes to, the city’s Comprehensive Plan and Code, as well other special area plans and development agreements. CHRIS CARMODY, TEAM MEMBER Seasoned government relations lawyer and designated professional lobbyist Chris Carmody gladly jumps in the ring to effect change. He has been navigating Florida’s political ecosystem for two decades and partners closely with local governments, public sector agencies, and Fortune 500 companies to forge pathways to growth. His governmental experience covers a range of sectors fueling the state’s dynamic economy, including hospitality, travel and tourism, real estate development and construction, insurance, technology, and sports. Notable clients include small, medium, and large cities, such as Orlando, Port St. Lucie, Oviedo, Groveland, and Clermont, as well as small and large counties, such as Orange, Lake, and Washington. Private sector clients include the Orlando Magic, Associated Builders and Contractors of Florida, NAIOP of Florida, Greater Orlando Sports Commission, and Meta Platforms (Facebook). Some of Chris’ relevant successes and experience include the following: When the opportunity arose to bring an MLS soccer team to Orlando, Chris and the GrayRobinson team served as the lead lobbyists to structure the deal between the City, Orange County, the MLS team, and State of Florida. Chris has served as General Counsel to the Greater Orlando Sports Commission since its founding, helping to draw major sports tourism revenue to Florida. Chris has spent multiple years in Tallahassee during legislative session defending clients against legislative proposals to alter the intended uses for Florida’s Tourist Development Tax (TDT). Chris and the GR lobbying team have been successful in repeatedly defeating or scaling back what could have been detrimental, precedent-setting changes and helped to protect the long-term integrity of this important revenue source for tourism promotion. On behalf of the Orlando Magic, Chris and the GR team helped strategize and lobby the Orange County Commission to successfully approve an amendment to the TDT use ordinance allowing TDT funds to be used in the repayment of bonds to construct what is now the Amway Center. The deal represented an investment of more than $500 million by the County, leading to immense economic development through the ability to host major concerts and sporting events, including the NBA All-Star Game. On behalf of the City of Orlando and the World Cup Host Committee, Chris and the GrayRobinson team successfully lobbied the Executive Office of the Governor and Enterprise Florida to reallocate $10 million in reserve funds toward infrastructure to support the 2026 FIFA World Cup games. This allocation further enhanced the host city bids of Orlando and Miami. In addition, part of the 2022 annual tax package included a sales tax abatement for World Cup matches. These sales tax abatements were crucial as Orlando and Miami were considered (and Miami ultimately chosen) to host the 2026 FIFA World Cup. The GrayRobinson team sought this exemption and helped amend it to the tax package. House Ways and Means Committee Chair Bobby Payne, recognizing how important sports are to the state’s economy, put the ball in the back of the goal. SCOTT COLE, TEAM MEMBER Scott served as general counsel for the University of Central Florida and associate general counsel for the University of Florida. His rich in-house experience includes transactional, regulatory, compliance, and governance issues, as well as issues involving athletics, due process and first amendment, construction, tax-exempt finance, 6 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 health science campuses technology, Title IX alternative revenue sources, research, federal grants, and the many competing interests that intersect in large and diversified academic communities and public sector entities. Specifically related to the work proposed in this RFP, Scott’s experience includes: Successful negotiation of a deal for a minor league baseball franchise to move to a college baseball stadium. Successful negotiation of the exit of a university from an athletic conference, including reduction of financial penalties. Successful negotiation of the entrance of a university to a major conference, including revenue sharing and entrance fees. Successful negotiation of numerous head coaching contracts for football, basketball, and baseball. BRIAN FENDER, TEAM MEMBER Over the course of his career, Brian has been involved in more than 800 public finance transactions and has represented clients in the issuance of more than $45 billion of tax-exempt and taxable debt representing a variety of clients, including aviation authorities, cities, counties, expressway authorities, government financing pools and programs, housing authorities, investment banks, port authorities, school boards, special districts, sports authorities, utilities, universities, and various special districts. Some of Brian’s experience includes: Represented the Tampa Sports Authority in connection with the refinancing of Tampa’s (NFL) Raymond James Stadium and the financing of related improvements. Represented the Tampa Sports Authority in connection with the financing of certain improvements to the spring training facilities for the New York Yankees. Represented the Tampa Sports Authority in a bond transaction deal where the New York Yankees agreed to backstop certain cost overruns in the George M. Steinbrenner Spring Training Facility field upgrades. Represented an investment bank in connection with the financing of certain improvements to the spring training facilities for the Toronto Blue Jays. JEFFREY SCHLERF, TEAM MEMBER As a new member of the GrayRobinson team and transplant from Delaware, Jeffrey is in the process of obtaining his license to practice law in the State of Florida. We are providing Jeff’s information in anticipation of his successful licensure; however, under no circumstances will Jeff provide legal services to the City until he is licensed to practice law in Florida. Jeffrey focuses his practice on financial restructuring and corporate reorganization, and sports law. He has extensive experience representing all types of parties in many of the largest restructurings in the United States since the 1990s. Jeffrey has been a part owner of a minor league baseball team since 2014 and currently is the chair of the ABA’s Sports Law Committee. In addition, he is pursuing a graduate degree in Sports Management at Georgetown University. Some of Jeffrey’s career highlights include the representation of Major League Baseball in the Los Angeles Dodgers case and a bidder in the Dallas Stars restructuring. C. Describe the organization of the project team, detailing the level of involvement, field of expertise and estimated hours for each member of the team. Julia will set performance measurements and metrics for the team based on the City’s specific needs and requirements. Not all clients are alike, and we provide counsel and advocacy the way each client prefers. Julia will monitor and measure the team’s performance as it relates to the overall client relationship through regular client satisfaction and performance discussions with the City’s designee(s). 7 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 GrayRobinson is distinctive among law firms in its approach to client service and staffing. Team members work together in a fully integrated dynamic to achieve a client’s goals. In addition to the team’s own experience, Julia will have the ability to call upon the experience and qualifications of nearly 300 GrayRobinson attorneys, government advisors, and other professional staff. These attorneys and advisors come from various professional backgrounds, including government and private industry. Each team member possesses extensive experience in local government and sports law, including drafting, reviewing, and negotiating contracts, negotiation of sports franchise moves to collegiate stadiums, negotiating exit agreements for universities from athletic conferences, negotiating revenue sharing and entrance fees of athletic teams, negotiating head coaching contracts, financing and refinancing of professional sports stadiums, working with local sports authorities on agreements for special sporting events, state lobbying for the protection and use of Tourist Development Tax dollars on behalf of statewide associations and local governments, and regular provision of land use counsel and advice related to sports facilities. C. Identify any other firm (such as sub-contractors) included on the project team, the scope of their work and your firms approach to managing sub-contractors. Unless otherwise necessary and approved by the City, GrayRobinson does not propose to partner with any sub- contractors on the scope of work as described in the City’s RFP. 8 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 3 - PROJECT METHODOLOGY, APPROACH, AND TIMELINE A. Describe your approach in performing the Scope of Services outlined in this RFP. a. Provide information and expertise on negotiation strategies to be utilized with an MLB franchise. b. Provide information and expertise on issues identified during the term of the engagement. c. Advise and represent the City in negotiations. d. Attend negotiation sessions as the City’s Chief negotiator. e. Provide requested reports that may include data analysis, surveys, etc. f. Consult with the City Manager, Assistant City Manager, Councilmembers, Legal, and Project Manager as applicable. g. Provide debriefing for the City Manager, Assistant City Manager, Legal, and Project Manager on the status of negotiations as needed. h. Prepare documents for negotiations as applicable. i. Participate in drafting proposals for negotiations. j. Assist the Project Manager in reporting to the City Manager, Legal, and City Council on the progress of meeting(s). GrayRobinson attorneys have extensive experience in negotiation strategies across a broad spectrum of industries, including sports teams and athletic facilities. Governmental agencies and private parties look to GrayRobinson attorneys to provide a wide range of legal services in connection with negotiations, including devising procurement strategies; responding to procurement requests; creating new forms of contractual relationships between public agencies and private entities, such as design/build/transfer/manage and entertainment and athletic team and venue contracts; evaluating existing legislation and contracting procedures; recommending revisions to accommodate such relationships; developing financing mechanisms; and providing experienced counsel on a wide range of issues that arise in resulting negotiations. The foregoing requires a broad array of experience from a number of legal disciplines such as governmental, public finance, tax (analysis of taxable versus tax-exempt debt), public and private transactions, real estate, zoning and land use, construction, government procurement, and legislation. In this context, the firm’s attorneys work together as a multidisciplinary team to anticipate legal issues and provide strategic advice in advance of and during agreement drafting, negotiation, and implementation. The GrayRobinson team proposed herein has a vast depth of skill in representing and advising public sector clients in all facets of franchise negotiations; franchise operators in acquiring, operating, and selling their franchises; public sector clients in dispute resolution with franchisors; advertising and marketing cooperatives in structuring and operating cooperatives; and strategic partners in their document and proposal drafting for negotiations and contractual agreements with athletic franchises. We regularly organize and structure distribution programs; negotiate and prepare complex athletic franchise, subfranchise, and distribution agreements; represent clients in compliance with federal and state disclosure and registration laws; evaluate and negotiate supply relationships; counsel on the impact of antitrust and trade regulation laws; prepare and revise operations manuals; assist with day-to-day operational issues; prevent and resolve disputes, including advising on defaults, terminations, and litigation strategy; assist in terminations; and structure dealership and licensing programs. 9 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 We regularly update our clients at every step of the negotiation process, providing any necessary research, reporting, consultation, debriefing, documentation, and written and in-person presentations and updates throughout the project. We expect to do the same in our representation of the City and look forward to partnering on this exciting venture. B. Provide a detailed timeline of the tasks described in the Scope of Services requested. PHASE I - DEVELOP AND IMPLEMENT PREPARATION The GrayRobinson team will work to develop a plan that will position us to hit the ground running ahead of our initial interactions with MLB team representatives. From the engagement of our services throughout the the time period congruent with the City’s plan, we will work in the background to foster a real and in-depth understanding of the City’s needs and issues, as well as the strategy, tactics, and messaging of same, as they pertain to negotiations with the MLB team. We will hold initial workshop meetings with City designee(s) during this period to assist in the development of a negotiation agenda and ensure we understand the immediate goals vital to advancing your strategic plan. During this period, we can help to identify goals and specific points of importance in negotiation. We can assist City designee(s) in identifying which of these goals and specific points should be addressed in the negotiation phase and work with the City to determine the viability of any objective or proposal you consider making or rejecting. For the City and us, the agenda will provide a clear articulation of goals and expectations that will serve as a roadmap for our negotiation. We are also available to work to identify and secure the support of elected officials best positioned, based on subject matter area and expertise, to advocate for or champion specific priorities. We will engage key representatives who may be helpful in achieving your goals, as well as those who may oppose your priorities. To further our preparation, and with the approval of the City, we will reach out to key members of the Pinellas County Tourist Development Council and AMPLIFY Clearwater to seek their input on their goals and establish or enhance the lines of communication. GrayRobinson has a long history of working with third-party groups and like- minded coalitions to advocate for or against an agenda that meets the needs of all parties involved. Further, our professionals have the ability to bring opposing interests to the table in the pre-negotiation phase to work toward consensus. PHASE II - NEGOTIATE, ADVOCATE, AND CONNECT Throughout the negotiation of the lease or contract with the MLB team, the GrayRobinson team will continuously review the scope, quality, timeframe, government requirements, and other details of the contracts being discussed. We will regularly meet with City designees and elected officials not only to monitor, but also to affect what decisions emerge through regular negotiation and dialogue with MLB representatives. We will generate reports for the City to include targeted up-to-date information and provide regular updates on all activities and communication. Throughout our representation, the GrayRobinson team will provide contract drafting, strategy development, one- on-one lobbying, presentations, and other services to meet the City’s needs. This also includes effectively coordinating with grassroots organizations and like-minded coalitions and utilizing technology to ensure our message is resonating among key stakeholders. Throughout the effort, we will proactively measure the position of each point of negotiation and consult City designee(s) on any plans that may need to take a different course to obtain the overall goal and objective. 10 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 PHASE III - DEVELOP AND IMPLEMENT Once negotiations have concluded, the team will work with City designee(s) to assess decision points to determine if any contract elements require further efforts. We will also help guide the City through implementation, as needed, and stand ready to assist with any necessary engagement for financing, lobbying, real estate, or construction counsel. At this time, we would also suggest a recap meeting with City leadership to review and refresh on the organization’s long-term goals and strategy. We will review any local legislative efforts needed and determine if an ongoing schedule for meeting and deliberation and a plan for the remainder of the engagement will be necessary. 11 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 4 – REFERENCES A minimum of three (3) references, preferably from other public entities for which similar services have been provided, within the past five (5) years, are required. Each reference must include the name of the entity, date of services, description of services, address, contact person, telephone number, and email address. 1. Entity Name: Tampa Sports Authority Date of Services: June 2018-Present Description of Services: General Counsel Address: 4201 N. Dale Mabry Hwy., Tampa, FL 33607 Contact Person: Eric Hart, Chief Executive Officer Telephone Number: 813.495.1726 Email Address:ehart@tampasportsauthority.com 2. Entity Name: Greater Orlando Sports Commission Date of Services: June 1993-Present Description of Services: General Counsel Address: 400 W. Church Street, Suite 205, Orlando, FL 32801 Contact Person: Jason Siegel, President and CEO Telephone Number: 407.648.0033 Email Address:jsiegel@greaterorlandosports.com 3. Entity Name: Hillsborough County Date of Services: January 2018-Present Description of Services: Outside General and Real Estate Counsel Address: 601 East Kennedy Blvd., Tampa, FL 33601 Contact Person: Bonnie Wise, County Administrator Telephone Number: 813.272.5750 Email Address:wiseb@hillsboroughcounty.org 12 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 5 - COST OF SERVICE Each proposal must include a detailed explanation of the cost to be charged to the City for these services broken down by tasks and include; A. Hourly rates for staff by title and if differentiated by type of work performed (i.e. negotiating, negotiations research, etc.) Title Hourly Rate* Shareholder/Partner/Of Counsel $500 Associate $250 Paralegal $200 *Please Note: These hourly rates are subject to discussion with the City and agreement upon a mutually beneficial fee arrangement. B. Any additional items and their costs with any markup (i.e. per diem, travel, and related expenses). In addition to our professional services, we will bill the City for disbursements and out-of-pocket expenses made or incurred. These typically include items such as document reproduction, travel expenses, long-distance telephone calls, mailing charges, facsimile charges, messenger services, and filing or recording fees. We may also use computerized research or other technology services to assist in handling your matters. Those services will be used when we believe that it is appropriate to do so. Expenses incurred or advanced on your behalf will be itemized on our billing invoice. C. A cost structure based on one or more hourly rates, and for each hourly rate a description of the services that will be provided for that hourly rate. As listed above, GrayRobinson proposes the following hourly rates for work done on behalf of the City as described in the scope of services. Title Hourly Rate* Shareholder/Partner/Of Counsel $500 Associate $250 Paralegal $200 *Please Note: These hourly rates are subject to discussion with the City and agreement upon a mutually beneficial fee arrangement. 13 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 TAB 6 – FORMS A. Exceptions/Additional Materials/Addenda Form 14 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 B. Vendor Information Form 15 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 C. Vendor Certification of Proposal Form 16 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 D. Scrutinized Companies Form(s) 17 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 18 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 E. E-Verify Eligibility Form 19 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 F. W-9 Form 20 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 APPENDIX A – GRAYROBINSON TEAM PROFILES Julia C. Mandell, Team Lead Real Estate and Land Use Section Chair julia.mandell@gray-robinson.com 813.273.5000 Focus Government Real Estate Land Use Law Environmental and Sustainability Law In-the-trenches legal advisor representing private and public clients in regulatory and policy matters at the local and state level. Former Tampa City Attorney and served as chair of Mayor Jane Castor’s Development Services and Support Advisory Team. Julia Mandell is a uniquely talented, process-oriented lawyer advising governmental and business clients throughout the Tampa Bay area. After serving as a long time-public lawyer, she now focuses on counseling and consulting, bringing more than 25 years of invaluable in-house experience to her municipal services practice. Julia works alongside clients to navigate and translate the intricacies of government law and public policy issues. Her particular brand of inside expertise is especially timely and sought after by clients of late as governmental operations continue to be impacted by the current complicated regulatory climate. Julia helps clients get from point A to point B, translating bureaucracy into meaningful action. Board certified by The Florida Bar in City, County, and Local Government Law, Julia counsels clients on land use, zoning, development, permitting, real estate, environmental, eminent domain, entitlement, telecommunications, and litigation associated with these areas. She also assists clients in managing procurement issues; having served as a procurement hearing officer for governmental entities and handles contract negotiations with government agencies, and public infrastructure projects. Known for her candor and patience, Julia partners with small and large governmental entities, as well as business clients of all sizes and types in the commercial real estate, health care, transportation, restaurant and hospitality, and cannabis sectors. Notable clients include the Tampa Sports Authority, Hillsborough County School Board, Hillsborough County Transit Authority, Strategic Property Partners, City of South Pasadena, ZooTampa at Lowry Park, and Advent Health. She frequently collaborates with GrayRobinson professionals in the alcohol beverage, corporate, government affairs and lobbying, real estate, and litigation practice areas. Julia has always enjoyed the interplay between her public service and private practice, weaving the two together seamlessly for the benefit of her clients and colleagues. She served for more than a decade with the Tampa City Attorney’s Office, spending the last three years as city attorney, where she was only the second woman to hold that position. Previously, she served as an assistant county attorney for Hillsborough County. 21 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Notable Work Negotiated the contract between the Tampa Sports Authority and the NFL for Super Bowl LV at Raymond James Stadium. Provided regulatory assistance in the development of Water Street Tampa, a significant mixed-use project in Downtown Tampa. Facilitating land use applications in the City of Tampa and Hillsborough County to site much-needed public schools for the School Board of Hillsborough County. Guiding local permitting approvals for Cigar City Brewing’s Spruce Street Brewery and Tap Room. Recognition Best Lawyers in America, Litigation – Municipal, Municipal Law, 2023 Insights “Development Agreements in Florida: The ‘Multiverse’ of Agreements,” Florida Municipal Attorneys Association (FMAA) 40th Annual Seminar, July 29, 2022 Moderator, "New Year = New Biden Administration: What Should We Expect?" GrayRobinson Webinar, January 13, 2021 Media "Tampa Garden Club says Bayshore tower could close facility," Tampa Bay Times, December 20, 2022 Affiliations Mayor Jane Castor Advisory Team o Development Services and Support, Chair, 2019 Accendo LEADForward Roundtables, 2021 Leadership Tampa, 2015 Credentials J.D., University of Florida College of Law, 1995 B.A., University of Florida, with High Honors, 1992 Board Certified by The Florida Bar in City, County and Local Government Law Admissions Florida U.S. Court of Appeals for the 11th Circuit U.S. District Court for the Middle District of Florida 22 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Michael Boutzoukas Shareholder michael.boutzoukas@gray-robinson.com 813.273.5000 Focus Real Estate Focused on devising unique and creative solutions to complex issues found in high-level commercial real estate transactions. Michael focuses his practice on the purchase, sale, financing, leasing, and development of commercial real estate and has been effectively closing complex real estate transactions for more than 30 years. As a pragmatic and trusted advisor, he provides counsel to his commercial real estate investment, lender, and borrower clients in connection with negotiating a range of real estate financial transactions, including real estate investment trusts and funds. Michael understands that every transaction is unique and works closely with clients from negotiation through closing. He draws on a multitude of experiences and legal disciplines to solve challenging issues with creative and unique solutions. Michael is Board Certified by The Florida Bar in Real Estate with the experience and know-how to guide his clients’ transactions to closing. Recognition Best Lawyers in America, Real Estate Law, 2018-2023 Florida Super Lawyers, 2015-2017 Affiliations Bay Area Real Estate Council o President, 2016 and 2017 o Board member, 2011-present Credentials J.D., Stetson University College of Law, 1989 B.A., Eckerd College, 1986 Board Certified by The Florida Bar in Real Estate Law since 2009 Admissions Florida Insights "GrayRobinson Adds Real Estate Shareholder in Tampa," Law360, May 3, 2022 Languages Greek 23 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Christopher L. Carmody, Jr. Shareholder Orlando/Tallahassee chris.carmody@gray-robinson.com 407.843.8880 Focus Government Affairs and Lobbying Land Use Law Litigation Restaurant Environmental and Sustainability Law Construction Chris earned his certification as a Designated Professional Lobbyist from the Florida Association of Professional Lobbyists and is an attorney admitted to practice in all Florida state courts. He has substantial experience handling government relations matters, including representation before the Florida legislative and executive branches, purchasing and procurement appeals, and professional licensing. Chris's clients range from small cities to Fortune 500 companies, and his experience runs the gamut of state-level needs and issues, from the passing of landmark legislation to proficiency on the appropriations process. Chris also practices in litigation, land use, construction, and sports law. His practice includes obtaining state and local government regulatory approvals as well as matters related to the acquisition, development, and utilization of real property. He has represented contractors, engineers, architects, developers, owners, subcontractors, and suppliers in issues relating to land use and construction law. Chris provides legal work to the Central Florida Sports Commission and has handled numerous high-level sports matters at the legislative level, including tax exemptions, workers’ compensation, and other matters that affect sports franchises. Recognition Florida Trend, Legal Elite, 2015-2016, 2020-2022 Florida Super Lawyers, Rising Star, 2009-2020 Greater Orlando Sports Commission 2022 Sporty Award of Excellence East Orlando Post, Insight 100: Central Florida's Most Powerful, 2016 Orlando Business Journal, 40 Under 40, 2010, 2014 Orlando Sentinel, Central Florida 100, 2015 Eagle Scout Award, Troop 76, Orlando, Florida University of Florida Alumni Association "Leader of the Year," 2012-2013 Insights "Legislative Preview," Apopka Chamber of Commerce, Moderator, February 20, 2023 “New Faces in the Hillsborough Legislative Delegation," Moderator, GrayRobinson Tampa Community Leader Forum, February 28, 2023 “2022 GrayRobinson Florida Legislative Session Wrap-Up,” Gainesville, April 21, 2022 24 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 “2022 GrayRobinson Florida Legislative Session Wrap-Up,” Orlando, April 20, 2022 “2022 GrayRobinson Florida Legislative Session Wrap-Up,” Tampa, April 19, 2022 “2022 GrayRobinson Florida Legislative Session Wrap-Up,” Jacksonville, April 7, 2022 “2022 Legislative Session Preview,” NAIOP Commercial Real Estate Development Association, January 25, 2022 “2022 Legislative Session Preview,” Surfcoast Chapter of Planning and Zoning Association, January 2022 “Florida Legislative Session Wrap-Up,” Florida Insurance Trust Conference, October 14, 2021 “Popcorn and Politics,” Leadership Seminole Government Day, September 10, 2021 “Florida Legislative Session Wrap-Up,” Associated Builders and Contractors of Florida Legislative Planning Conference, July 23, 2021 “GrayRobinson Florida Legislative Session Weekly Roundup,” March 5, 2021 “2021 Florida Legislative Session Preview,” Central Florida Hotel and Lodging Association Meeting, February 24, 2021 “The COVID-19 Overdose Crisis: 2021 Legislative Session,” Project Opioid Webinar, February 11, 2021 “2021 Legislative Session,” NAIOP Chat, January 26, 2021 MSPA Americas Surviving and Thriving Post-COVID Strategic Summit, November 8, 2020 “Don’t Get Spooked: 2020 Elections and the law,” Association of Corporate Counsel (ACC) Virtual Event, October 29, 2020 “How has the pandemic affected legislative enactments?” National Association of Industrial and Office Properties South Florida Chapter Webinar, October 22, 2020 Legislative Update, Florida Insurance Trust Virtual Conference, October 15, 2020 “2020 Legislative Session Overview and The Path Ahead,” Project Opioid, September 18, 2020 Legislative Update, Florida Planning and Zoning Association (FPZA) Surfcoast Chapter, September 18, 2020 Preparing for the September 18 Value Adjustment Boards Deadline Webinar, August 20, 2020 Legislative Update CLE, Executive Council Meeting for the Real Property, Probate and Trust Law Section of The Florida Bar, August 20, 2020 “Who’s in and Who’s Out?” GrayRobinson Post-Election Pop-Up Forum, August 19, 2020 “Policy, Politics and Purpose: Leading During a Pandemic,” Virtual Community Leader Forum, August 4, 2020 Virtual Legislative Update, World Risk Management: A Ballator Company, July 8, 2020 “2021 Legislative Session,” NAIOP Northwest Florida Chat, January 20, 2021“Central Florida 100: COVID-19, Unemployment and Seminole Land,” Orlando Sentinel, May 2020 2020 Virtual Legislative Wrap Up, Greater Pensacola Chamber, April 14, 2020 2020 Legislative Session Wrap Up, Oviedo Winter Springs Regional Chamber of Commerce webinar, April 9, 2020 Federal and State Stimulus Programs for Small Business Webinar, March 24, 2020 NAIOP Northeast Florida Legislative Update, January 28, 2020 "Central Florida 100: COVID-19, Unemployment and Seminole Land," Orlando Sentinel, May 2020 "Central Florida 100: Move-in day, Opioids and Universal Neighbors," Orlando Sentinel, August 2019 "Central Florida 100: Guns, Elections and Skyscrapers," Orlando Sentinel, August 2019 "Central Florida 100: Universal, Education and Gun Control," Orlando Sentinel, August 2019 25 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 NAIOP South Florida Board of Directors Open House Meeting, June 12, 2019 "Central Florida 100: Boeing, Trump's Visit and the State of the City," Orlando Sentinel, June 2019 “2019 GrayRobinson Florida Legislative Session Wrap-Up,” Orlando, May 15, 2019 “2019 GrayRobinson Florida Legislative Session Wrap-Up,” Jacksonville, May 13, 2019 “Legislative Update,” Seminole County Regional Chamber of Commerce, May 16, 2019 "Central Florida 100: Hurricane Aid, Tourist Numbers and Nurses Week," Orlando Sentinel, May 2019 "Central Florida 100: Legislature, Osceola Taxes, and Believing in Magic," Orlando Sentinel, April 2019 "Central Florida 100: Eatonville, Election Equipment and Housing," Orlando Sentinel, March 2019 "Central Florida 100: Housing, UCF and Mourning New Zealand," Orlando Sentinel, March 2019 "Central Florida 100: Rites of Spring -- March Madness, Baseball and the Legislature," Orlando Sentinel, March 2019 "Central Florida 100: Legislature, Lions and Lynx," Orlando Sentinel, March 2019 "Central Florida 100: Whittaker, Lake Nona Buses and the Space Force," Orlando Sentinel, February 2019 "Central Florida 100: ALICE, HUD and Hope for the Magic," Orlando Sentinel, February 2019 "Central Florida 100: 'Emanuel,' Holocaust Remembrance and Helping Needy Children," Orlando Sentinel, February 2019 "Central Florida 100: Traffic, Jobs and Policy Shifts," Orlando Sentinel, January 2019 "Central Florida 100: DeSantis, the Shutdown and Dogs | Commentary," Orlando Sentinel, January 2019 Media "Lake officials share legislative priorities," Triangle News Leader, March 15, 2023 "Analysis: What's ahead after Florida's primary election?" NPR, August 23, 2022 "Greater Orlando Sports Commission Unveils List of 60 Finalists for 2022 Sporty Awards," Greater Orlando Sports, May 12, 2022 "A record breaking budget and a flurry of controversial bills mark the final weeks of legislative session" NPR, March 3, 2022 "Development and Transportation are Key Issues in Upcoming Municipal Elections," NPR, October 28,2021 "Winners and Losers Emerging From the 2021 Legislative Session," Florida Politics, May 3, 2021 "Politics of the Sadowski Fund," Wesh2, October 2019 "Criticized Law Brings About Fairness," South Florida Business and Wealth, September 2019 "E-Scooter Surge Kicks Up Cloud Of Legal Issues," Law360, August 2019 "Inaugural list of Central Florida’s Top 25 Most Powerful Politicians," Florida Politics, July 2019 "Winners and Losers Emerging from the 2019 Legislative Session," Florida Politics, May 2019 "The Role of Lobbyists in Crafting Legislation," 90.7 WMFE Radio, April 2019 Affiliations Florida Association of Professional Lobbyists, Designated Professional Lobbyist Inns of Court Judicial Nominating Commission o 9th Judicial Circuit, 2013-2016, 2016-2019 -Chair, 2016-2017 26 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Orange County Bar Association The Florida Bar Business Force, Board Member Central Florida Boy Scout Council, Vice Chair, Golden Eagle Dinner Central Florida Gator Club, President, 2012-2014 Central Florida Partnership, Young Professionals Advisory Board, Co-Founder; Former Chair City of Orlando, Certification Board, 2012-2015 College Leadership Florida, Class VII Connect Florida Leadership Institute, Class I Frederick Leadership Initiative, Co-Chair IDignity, Board Member, Chair, 2015-present Junior Achievement Professional Connection, Classroom Teacher Kissimmee/Osceola County Chamber of Commerce, Board of Directors, 2013-present Leadership Seminole, Class 19 Leadership Orlando, Class 73 Orange County Young Republicans, Former President Seminole County Chamber of Commerce, Board of Directors, 2013-present Tiger Bay, Board Member, President, 2014 University of Florida Law Alumni Council, Member o Regional Vice President, 2014-present Credentials J.D., University of Florida Levin College of Law, 2005 o Justice Campbell Thornal Moot Court Board -President -Regional Champion, Thomas Tang National Moot Court Competition o Vice President, Florida Blue Key o Intern, Honorable Raoul G. Cantero, Florida Supreme Court o Research Assistant, Center for Governmental Responsibility o Order of the Barristers o Chair, Class Gift Committee B.A., University of Florida, 2002 o Senate President, Student Government o Florida Blue Key o Hall of Fame o Phi Beta Kappa Admissions Florida U.S. District Court, Middle District of Florida U.S. Court of Appeals, 11th Circuit 27 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 W. Scott Cole Shareholder Higher Education Team Leader scott.cole@gray-robinson.com 407.843.8880 Focus Higher Education Government Corporate Litigation Exempt Organizations Veteran higher education lawyer and consultant with decades of in-house experience. Former general counsel steeped in academy culture representing colleges and universities across Florida. Scott Cole leads GrayRobinson’s Higher Education Team. He has a unique and intimate understanding of the opportunities, challenges, and constraints facing higher education today, having served as general counsel for the University of Central Florida and associate general counsel for the University of Florida. Scott provides legal counsel and operational consulting for colleges and universities, as well as non-traditional and for-profit educational providers across Florida and nationwide. Notable client relationships include the University of South Florida, Florida Atlantic University, Florida State University, the University of Central Florida, and Eckerd College. Scott works closely with key stakeholders on a wide variety of issues, including employment, business transactions, student affairs, policies and procedures, governance, and contracts. He understands the university milieu and collaborates regularly with presidents, leadership, administration, and governing boards. This deep cultural awareness of higher education professionals and their environment allows him to provide both strategic and preventative counsel in this continually evolving space. Scott supports clients in anticipating risk and guides them through emerging and complex issues, including industry consolidation, diversity and inclusion, revenue pressures, and collective bargaining. When issues do arise, Scott has extensive experience in the oversight and successful resolution of disputes and investigations from sexual harassment to student misconduct. Mindful of avoiding a heavy hand, Scott takes a collaborative and consensus building approach to his work, helping clients make sound decisions, solve problems, and get back to the business at hand. His rich in-house experience includes transactional, regulatory, compliance, and governance issues, as well as issues involving athletics, due process and first amendment, construction, tax-exempt finance, health science campuses technology, Title IX alternative revenue sources, research, federal grants, and the many competing interests that intersect in large and diversified academic communities. Scott teams with GrayRobinson colleagues in the litigation, labor and employment, and corporate practices to round out client service offerings for large and multifaceted projects. Notable Work Provided leadership, complex legal counsel, and business advice in connection with the establishment of the University of Central Florida’s new College of Medicine, including negotiation of the purchase and gift of private land for the new campus. 28 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Spearheaded the first P3 project for a Florida public university, acting as the integral drafter of legislation allowing private financing. Represented the University of Central Florida in a first of its kind $600 million project that included a new football stadium, basketball arena, student housing complex, hundreds of square feet of retail space, and three parking garages. The project was financed without state financial support. Key member of the negotiation team to establish a joint venture teaching hospital with Health Care Corporation of America. The University of Central Florida negotiated 20% equity in the hospital joint venture and 50% of the board seats, with no cash contribution. Mobilized the University of Central Florida’s discounted purchase of Sanford Burnham research facility from Orange County, financed by the County over 30 years at 0% interest. Established P3 Hotel on the University of Central Florida campus with no university investment and annual rent payments and participation in net receipts. Represented the University of Central Florida board of trustees through numerous impasse hearings with faculty union. Served as business point person for building an implementation plan for the University of Central Florida to restructure affiliated corporation operating $120 million research and manufacturing facility. Represented the University of Central Florida in NCAA investigations and hearings, resulting in successful resolution of most issues and reduction of proposed sanctions. Served as primary negotiator and legal advisor for establishment of the National Entrepreneur Center, a resource for small businesses in Central Florida. Spearheaded a $178 million university-based continuing care retirement community, whose affiliation with all university colleges creates unique education, research, and service opportunities for students and faculty and unparalleled life-long learning experiences for residents. Recognition Florida Trend, Legal Elite Insights "D.C. Briefing: Review of Recent Developments in the Legal Landscape that Impacts U.S. Employers," Employment Law Alliance (ELA) Webinar, November 15, 2022 “NIL and Student Athletes as Employees,” the State University System Attorneys Meeting, November 3, 2022 "GrayRobinson Higher Education Team: Temporary Injunction Issued Against Florida’s “Stop WOKE Act” – What this Means for Colleges and Universities," August 30, 2022 "GrayRobinson Higher Education Team: Proposed Amendments to the Title IX Regulations," July 11, 2022 "Legal Issues and Foundations," Florida Council for Resource Development Spring Conference, April 28, 2022 "NLRB: Student Athletes as Employees," Hillsborough County Bar Association (HCBA) Labor and Employment Luncheon, April 20, 2022 Speaker, "When Good Educators do bad things," National Association of College and University Attorney Spring CLE: Managing Faculty Misconduct, March 30,2022 "Faculty Misconduct," NACUA Spring CLE Workshop, March 29, 2022 29 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 "NLRB: Student Athletes as Employees," Orange County Bar Association, March 11, 2022 Presenter, "Implications of recent cases for the future of affirmative action in universities," Employment Law Alliance, D.C. Perspectives Briefing,March 3, 2022 "NLRB Releases Memorandum: NCAA Players Considered Employees," GrayRobinson Higher Education Insight, September 29, 2021 "White House Safer Workforce Task Force Issues COVID Safety Protocols For Federal Contractors," GrayRobinson Higher Education Insight, September 28, 2021 "What’s Next After Alston and NIL? College Football Players as Employees?" Daily Business Review, September 22, 2021 "What Do NCAA Changes Mean for Athletes and Their Parents?" Bloomberg Law, July 27, 2021 "U.S. Supreme Court Renders Decision in NCAA v. Alston," GrayRobinson Higher Education Insight, July 1, 2021 "Preparing Your University for Possible Student-Athlete Compensation for Use of Name, Image, or Likeness (NIL)," GrayRobinson Higher Education Insight, June 16, 2021 "Legislation Filed in Congress Aims to Classify College Athletes as Employees," GrayRobinson Higher Education Insight, June 4, 2021 "The General Counsel as a Strategic Partner with the Business Officer," The National Association of College and University Business Officers Annual Conference, 2017 "Legal Roadblocks to University Partnerships," American Association of State Colleges and Universities Task Force of College President, 2017 "Dealing with Difficult Situations," NACUA General Counsel Institute, 2017 Media "10 Questions With an NIL Expert, Flight Horror Stories," Saturday Down South Podcast, July 1, 2021 "Six States Set to Let College Athletes Profit From Name, Image," Washington Times, June 25, 2021 Affiliations American Bar Association, Law School Accreditation Team, 2013-present National Association of College and University Attorneys, 1992-present o Strategic Planning, Board Operations, and Finance and Audit Committees, 2000-present Small Business Advisory Counsel, Board of Directors, 2012-2020 Credentials J.D., University of Florida Levin College of Law, 1986 B.S., University of Florida, 1983 Admissions Florida 30 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Brian J. Fender Public Finance Chair brian.fender@gray-robinson.com 813.273.5000 Focus Public Finance Brian is a shareholder and director of GrayRobinson and leads the firm’s Public Finance Team. Brian has represented a variety of clients including aviation authorities, banks and other direct purchasers of municipal debt, bond holders, charter schools, cities, counties, expressway authorities, government financing pools and programs, hospitals and other health care facilities, housing authorities, investment banks, open and closed investment funds, placement agents, port authorities, school boards, special districts, sports authorities, state programs, tax-exempt organizations, trustees, utilities, water support authorities, universities, and various special districts. Over the course of his career, Brian has been involved in more than 800 public finance transactions and has represented clients in the issuance of more than $45 billion of tax-exempt and taxable debt. Brian has been rated AV Preeminent® by Martindale-Hubbell and recognized for his work in public finance by Chambers USA, Super Lawyers, and Florida Trend's "Legal Elite." Recognition AV Preeminent® rated by Martindale-Hubbell Chambers USA, Public Finance (Florida), 2022 Insights "Disclosure Issues in Public Finance," Florida Association of County Attorneys 2022 Annual Seminar, Orlando, Florida, June 30, 2022 "Climate Change, Cyber Security, Pandemics and Other Risk Factor Disclosure Considerations," The Florida Bar, Public Finance in Florida 2021 Seminar, April 29, 2021 Affiliations 13th Judicial Circuit of Florida, former Attorney Ad Litem American Bar Association The Florida Bar Hillsborough County Bar Association Leadership Florida, Cornerstone Class XXXVII Leadership Tampa, Class 2007 MacDonald Training Center, Inc., Board of Directors, 2014-2017 National Association of Bond Lawyers 31 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Tampa Downtown Partnership, Board of Directors, 2017-Present USF Honors College, Adjunct Professor University of South Florida Honors College Dean’s Council, 2017-Present University of South Florida Office of National Scholarships, 2019 Community Partner of the Year award winner Youth Sports Coach Credentials J.D., University of Florida College of Law, honors, 1999 o Florida Law Review, Senior Editor o Judge George C. Carr Memorial Scholarship B.A., University of South Florida, major in philosophy, minor in economics, 1996 o Graduate of USF Honors Program (now Honors College) Admissions Florida District of Columbia Illinois U.S. District Court, Northern District of Florida U.S. District Court, Southern District of Florida U.S. District Court, Middle District of Florida 32 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Jeffrey M. Schlerf Of Counsel *Not admitted to practice law in Florida. jeffrey.schlerf@gray-robinson.com 813.273.5000 Focus Entertainment and Sports Bankruptcy and Creditors' Rights Law Corporate *As a new member of the GrayRobinson team and transplant from Delaware, Jeffrey is in the process of obtaining his license to practice law in the State of Florida. We are providing Jeff’s information in anticipation of his successful licensure; however, under no circumstances will Jeff provide legal services to the City until he is licensed to practice law in Florida. Jeffrey focuses his practice on financial restructuring and corporate reorganization and sports law. He has extensive experience representing all types of parties in many of the largest restructurings in the United States since the 1990’s. Jeffrey has been a part owner of a minor league baseball team since 2014 and currently is the chair of the ABA’s Sports Law Committee. In addition, he is pursuing a graduate degree in Sports Management at Georgetown University. Some of Jeffrey's career highlights include the representation of Major League Baseball in the Los Angeles Dodgers case and a bidder in the Dallas Stars restructuring. He has significant experience in representing distressed companies going through reorganization, as well as ad hoc creditor committees and other senior parties in some of the largest cases in Delaware, including Washington Mutual and Energy Future Holdings. Background Before joining GrayRobinson, Jeffrey was an equity partner at an AmLaw 100 firm and served as Chair of a former firm. Prior to attending law school, he worked at the Federal Reserve and a large commercial bank. Jeffrey has a graduate degree in Economics. Jeffrey also serves as an adjunct professor of law at the Marshall-Wythe School of Law at the College of William and Mary. Recognition AV Preeminent® rated by Martindale-Hubbell Chambers USA o Delaware, Bankruptcy/Restructuring, 2010-2022 33 City of Clearwater RFP# 31-23 Professional Services - Negotiations with MLB Team March 30, 2023 Insights "Social Justice Intersecting with Sports: Is It Right?" American Bar Association, Business Law Section, Hybrid Spring Meeting, April 1, 2022 Affiliations American Bar Association o Chair, Sports Law Committee Delaware State Bar Association Pennsylvania State Bar Association Society of American Baseball Research Sports Law Association ABI AIRA Bar Association of the Third Federal Circuit Delaware Historical Society o Board of Directors Grand Opera House o Board of Directors; Secretary Westover Hills Civic Association o Past President Colonial Williamsburg Foundation o National Advisory Council CCCH o Past Chair, Building and Grounds Committee The Delaware Lawyer o Board of Editors William and Mary Law School Reunion Committee o Past Co-Chair Credentials J.D., College of William and Mary, Marshall-Wythe School of Law M.A., Georgetown University, Sports Industry Management M.A., University of Delaware B.A., University of Pennsylvania Admissions Delaware Pennsylvania U.S. Supreme Court U.S. Court of Appeals, Third Circuit U.S. District Court, District of Delaware Clearwater MLB Negotiations Support City of Clearwater Professional Services Proposal (RFP#31-23) | March 30, 2023 Cary Hirschstein, Partner-in-Charge cary@hraadvisors.com, (212) 977-2704 Table of Contents TAB 1 – Letter of Transmittal 01 TAB 2 – Demonstrated Experience of the Firm and Project Personnel 04 Our Team 05 Firm Profile 05 Project Personnel 09 Resumes 10 Experience & Qualifications 21 TAB 3 – Project Methodology, Approach, and Timeline 34 Approach 35 Project Methodology 37 Timeline 39 TAB 4 – References 40 Client References 41 TAB 5 – Cost of Service 42 TAB 6 – Forms 45 TAB 1 Letter of Transmittal HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 1 March 30, 2023 Lori Vogel, CPPB Procurement Manager City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756-5520 PO Box 4748, 33758-4748 RE: Request For Proposals #31-23: Professional Services – Negotiations with MLB Team To the City of Clearwater: On behalf of HR&A Advisors, Inc. (HR&A), I am pleased to submit this proposal response to Clearwater’s RFP#31- 23 to assist the City of Clearwater in ongoing negotiations with a Major League Baseball (MLB) franchise. The presence of the Philadelphia Phillies and Clearwater Threshers help support economic activity and recreational opportunities for tourists and residents alike. As we understand it, the Philadelphia Phillies have proposed to upgrade and expand their spring training facilities as they approach the end of their current lease this year, and the City requires consulting services to advise and guide its negotiations with the team. HR&A is a leading real estate and economic development consulting firm with more than 45 years of experience partnering with public, private, and nonprofit sectors to revitalize American cities. Among our broader suite of development advisory services, our firm offers negotiations support services to a range of public and private sector clients – local governments as well as professional sports teams. Our work has guided the development and continued operations of numerous sports and entertainment districts across the county, anchored by MLB, NBA, NHL, NFL, and MLS facilities. HR&A is well positioned to support the City of Clearwater in its negotiations with the Phillies. In this role, we would serve as an owner’s representative for the City, collaborate closely with the City in its negotiations with the team, and provide ongoing guidance and strategic support as the City seeks the most optimal public-private partnership to meet its economic development goals, while also aligning with its fiscal requirements. HR&A brings over four decades of experience advising on a diverse range of real estate and economic development projects in cities across the country. We work at the intersection of private sector investment requirements and public sector goals, and we “speak the language” of both public policy and private development. We combine a deep knowledge of cities and governments’ goals and aspirations for inclusive economic development with a robust understanding of the economic and financial considerations that drive the feasibility of projects. We lead successful negotiations on behalf of cities resulting in mutually beneficial agreements with the private sector. • We have deep experience helping cities forge partnerships with the private sector to achieve public policy goals, ranging from sports venues and large-scale transformative developments to advertising rights and transit centers. We fundamentally understand how to bridge the divide between private markets and public goals to ensure that what we propose is not only viable, but equitable. For the benefit of the City of St. Petersburg, HR&A is negotiating and testing the feasibility of deal terms of a partnership with Hines and the Tampa Bay Rays for the redevelopment of 80+ acres around Tropicana Field. On behalf of Major League Soccer, we led a site selection process and the negotiations of stadium development and lease agreements for a prospective site in New York City. On behalf of Mecklenburg County, North Carolina, HR&A managed the revision, marketing, and release of a Request for Qualification, followed by a Request for Proposals, introducing regional and national developers to the opportunity, and then guided the County in negotiations with a preferred developer. For the Port HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 2 Authority of New York and New Jersey, HR&A directed the structuring, procuring, and negotiating of long- term advertising contracts. For the Transbay Joint Powers Authority, HR&A aided with the review of developer responses, selection of a master lessee, and through developer negotiation to secure a long- term master lessee of the Transbay Transit Center, an anchor to a new office and residential district in San Francisco. • We have advised clients in the development of a wide range of sports assets and ancillary development in Miami, Seattle, New York, Los Angeles, and beyond, and bring an understanding of the elements that drive their success. We created the implementation strategy and financing structure that brought the Washington Nationals to the Capitol Riverfront in Washington, DC. We have also led economic impact studies for a wide range of projects, including a proposed new downtown ballpark for the Kansas City Royals, a new stadium-anchored mixed-use development for the Chicago Bears, Inglewood’s City of Champions Hollywood Park Racetrack redevelopment, and LA’s Farmer Field Stadium. HR&A guided the site selection and supported the negotiations to develop new MLS stadiums for the on behalf of the league in New York City and for Miami Beckham United; we’ve conducted the financial feasibility for a USL stadium-anchored village in Tacoma; and we led an implementation plan and intergovernmental strategy to secure support for the Detroit Red Wings’ district. • HR&A has worked extensively in the Tampa – St. Petersburg—Clearwater region. Our work leading the repositioning of over 66 acres of Clearwater’s downtown waterfront gives us unique insight and experience. HR&A led the master plan, investment strategy, and developer solicitation for the repositioning of over 66 acres of Clearwater’s downtown waterfront. HR&A is currently leading the planning and development of Moffitt Cancer Center’s transformational innovation district in Pasco County. HR&A is guiding the City of St. Petersburg in the developer solicitation process of the Historic Gas Plant District around Tropicana Field, and will soon be commencing work to support the City in understanding the future of Albert Whitted Airport. In Sarasota, HR&A was instrumental in establishing the Sarasota Bayfront Planning Organization and its subsequent work master planning, designing, and implementing a waterfront cultural district. I, Cary Hirschstein, will serve as Partner-in-Charge and Project Manager for all of HR&A’s work for the City of Clearwater and oversee the direction of negotiations, communications, and related analysis. Ignacio Montojo will serve as the Negotiations Lead and will help build relationships and provide guidance and support to the negotiation team, working closely alongside me. Alex Stokes, Principal, will serve as the Technical Lead and guide research and analytical work in support negotiations on behalf of the City. Last, HR&A Director Santiago Salamanca will serve as Project Coordinator and manage regular contact with the client team and will ensure the timely and effective performance of HR&A analytical staff and will work closely with the project leads and the project manager. Members of HR&A’s talented analytical staff, drawn from a bench of almost a hundred analysts, will be selected to align staff skill sets to project needs. We thank you for the opportunity to serve the City of Clearwater in building strong partnerships that advance local needs. HR&A commits to delivering our services under the specified time period. My team and I look forward to supporting you in negotiations regarding an essential economic and cultural driver for the City. Sincerely, Cary Hirschstein Partner, HR&A Advisors Inc. 212.977.2704 | cary@hraadvisors.com 99 Hudson Street, 3rd Floor, New York, NY 10013 HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 3 TAB 2 Demonstrated Experience of the Firm and Project Personnel HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 4 Firm Profile HR&A Advisors, Inc. (HR&A) helps create more equitable, resilient, and dynamic communities. Our work turns vision into action through rigorous analysis, strategy development, and implementation planning. We have provided strategic advisory services for some of the most complex mixed-use, neighborhood, downtown, campus, and regional development projects across North America and abroad for over forty years. We have offices in New York, Los Angeles, Atlanta, Dallas, Raleigh, and Washington DC, a presence that allows us to serve clients all over the world. From Southern California to Brooklyn, and London to Medellín, we have guided hundreds of clients in transforming real estate and economic development concepts, and public infrastructure, first into actionable plans then into job-producing, community- strengthening assets. We have served a range of clients – real estate owners and investors, hospitals and universities, cultural institutions, community development organizations and governments – since 1976. Navy Yard Neighborhood, Nationals Park, Washington, D.C. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 5 Sports & Entertainment HR&A is an industry leader in providing comprehensive real estate strategies and developing visionary solutions to creating vibrant and equitable places. Our team of experts works with our clients to unlock the financial value and community benefits that real estate development can provide. Between our national experience and local knowledge and presence, we are uniquely positioned to support the City of Clearwater in this undertaking. Specialization in sports and entertainment districts. We have advised clients in the development of a wide range of sports and entertainment districts – from Chicago and Seattle to Kansas City and Los Angeles – and bring a deep understanding of the elements that drive successful places. Our work includes service to teams, developers, cities, and landowners related to redevelopment efforts for MLB, MLS, NHL, NBA and NFL facilities and the mixed-use development surrounding them. Effective public-private partnerships. We work at the intersection of the public and private sectors, effectively able to bridge the goals of both parties to advance complex real estate projects. We guide our clients, both public and private, through public processes that build a shared set of goals and manage the sensitive political dynamics surrounding sports facilities and large-scale development. This expertise positions our clients to establish partnerships that maximize value for all, delivering financially viable projects and valued community benefits. Rigorous analytic capability. We have a proven track record of providing the rigorous quantitative analysis necessary to support successful real estate investment decisions. We make targeted recommendations to shape some of the most complex real estate markets in the country, and our work has informed successful investment decisions for leading developers nationwide including Jamestown, LCOR, Related, Vornado, and Westfield, among others. West Florida experience merged with a national perspective. The scale of proposed investment – and value it can provide to the local economy – commands a team that can merge national experience with local context. We bring the knowledge of having guided a wide range of complex, transformative urban redevelopment projects across the country, such as D.C.’s Capitol Riverfront – home to the Washington Nationals – alongside meaningful experience in Clearwater around equitable growth and economic development, including revitalizing Downton Clearwater’s Waterfront, redevelopment of the Historic Gas Plant District in St. Petersburg, and real estate advisory and development strategy of the H. Lee Moffit Cancer Center & Research Institute in Tampa. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 6 Development Advisory Services Exceptional places catalyze growth and strengthen communities, generating value for landowners, developers, surrounding businesses, and neighborhood residents. Our team of experts works with public, private, and non- profit organizations to unlock the financial value and community benefits that real estate development can provide. As part of our real estate practice, we guide and assist professional sports teams, developers, and public sector clientele in the development of sports and entertainment districts, and have advised on projects including MLB, MLS, USL, NFL, NBA, NHL, and USL facilities, among others. Project Management Contributing to and supporting multidisciplinary teams through the planning and pre-development process Real Estate Market & Financial Feasibility Analysis Analyzing recent trends to identify real estate development potential and testing the feasibility and value associated with preferred development alternatives Negotiations Support Guiding our clients in critical negotiations with public or private sector counterparties, related to sports facilities and adjacent development opportunities Benefits Strategy Developing a narrative to build project support and demonstrate project impacts - including economic, fiscal, and community benefits - and helping to launch and execute effective public engagement and relations campaigns Equitable Development Strategy Developing a framework for inclusive participation in district development and operations, identifying a range of tools to ensure that projects and public investments generate equitable outcomes, mitigate potential harms to surrounding neighborhoods, and are implemented inclusively Implementation Strategy Defining a project’s critical path to realization, including funding and financing structure, public-private development deal structure, entitlement support, development partner solicitation support, and negotiation support Chicago Bears Stadium District Rendering, Arlington Heights, IL HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 7 Practice Areas Real Estate Advisory: Exceptional places catalyze growth and strengthen communities, generating value. We work with public, private, and non-profit organizations to unlock the financial value and community benefits that real estate development can provide. Transit-Oriented Development (TOD): Transportation infrastructure and TOD can positively transform communities. We work with municipalities, transit agencies, and real estate developers to produce viable plans, support community cohesion, and promote equitable growth. Economic Development Strategy: We develop visionary solutions to revitalize downtowns, neighborhoods, districts, cities, and regions, into job-producing, community-strengthening assets. Affordable Housing: Housing affordability is the foundation of equity and prosperity. We advise local governments, developers, philanthropies, advocates, and community stakeholders on how to develop and implement effective housing policies and development projects. Parks & Open Space: Parks are public amenities and catalysts for economic development. We enable communities to use open space to create value through strategic connections to adjacent real estate and civic assets. Urban Resilience: By integrating economic and social benefits of resilience into projects, policies, and programs, we enable communities to transform existing systems and increase impactful outcomes in the face of dynamic challenges. Inclusive Cities: Working with visionary clients—from grassroots activists to elected city and county leaders, we center racial equity and economic justice in economic development, policy, and planning. Program Design & Implementation: We help agencies work with businesses to incentivize private sector behavior and improve communities, achieving real world goals and impacts. Urban Tech & Innovation: Innovation is the currency of communities, companies, and cities. We re- imagine the places, programs, and partnerships, that are the lifeblood of the innovation economy and the proving ground where urban tech scales. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 8 Project Personnel 1 One Column Layout Heading 2 HR&A will provide overall project management and coordination, lead on the negotiation with the franchise, coordinate other technical or legal advisors supporting due diligence, support the City in communications with key staff and elected officials, and provide supporting analysis. Our approach to project management will include regular calls with the City team, as well as bi-weekly progress updates. CARY HIRSCHSTEIN, PROJECT MANAGER (Main Contact) Cary Hirschstein (Partner) will serve as Project Manager and will direct the engagement and provide strategic direction for HR&A’s work and overseeing the direction of negotiations, communications, and related analysis. Building on two decades of experience in the field, Cary serves as leader for HR&A’s Sports & Entertainment District practice and has worked on sports and entertainment districts across MLB, MLS, USL, NFL, and the NHL. ALEX STOKES | TECHNICAL LEAD Alex Stokes (Principal) will serve as the Technical Lead. In coordination with Cary and Santiago will guide research and analytical work in support negotiations on behalf of the City. Alex is the firm’s senior leader in financial analysis and transaction structuring for large-scale developments nationwide. IGNACIO MONTOJO | NEGOTIATIONS LEAD Ignacio Montojo (Principal) will serve as the Negotiation Lead. In coordination with Cary and Santiago, he will support the City in the negotiations. Ignacio brings global experience in real estate and infrastructure development; from funding, financing and delivery strategies to public-private partnership design and implementation. SANTIAGO SALAMANCA | PROJECT COORDINATOR (Main Contact) Santiago Salamanca (Director) will oversee regular contact with the client team and will ensure the effective performance of HR&A analytical staff and coordination with the project manager and project lead. Santiago supports public entities in the design and implementation of financing and governance strategies for infrastructure, transit-oriented development, and inclusive economic development projects. Before joining HR&A, Santiago led the negotiation and land acquisition for a wide range of projects. RESEARCH AND ANALYTICAL SUPPORT The core team will be supported by a deep bench, drawing from more 100 diverse and talented consulting staff at the firm. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 9 Pronouns: He/Him/His Cary Hirschstein | Partner Since joining HR&A in 2004, Cary Hirschstein has specialized in the management of large-scale urban development, real estate advisory services, and the structuring of effective policies and programs supporting economic development, environmental sustainability and resiliency. As project leader for some of the firm’s most complex pre-development work, Cary directs large multidisciplinary teams through technical review, conceptual planning, negotiations and pre-approvals processes. He also serves as a trusted development advisor to a diverse range of clients, ranging from government, sports and entertainment organizations, and real estate developers across the East and West Coasts and the Midwest. He serves as practice leader for HR&A’s Sports & Entertainment District practice and has worked on numerous district-scale projects across MLS, USL, MLB, NFL, and the NHL throughout the nation. In addition, Cary is a national expert in economic incentive structuring, evaluation, and deployment, helping shape economic development policy in cities such as Dallas, Tulsa, New Orleans, Philadelphia, Cincinnati and Columbus. Education New York University, Robert F. Wagner Graduate School of Public Service, Master of Urban Planning, 2004 Cornell University, Bachelor of Science, Human Development, Cognitive Studies Concentration, 2000 Waterfront Master Plan and Development Advisory, Clearwater, FL On behalf of the City of Clearwater, led a multidisciplinary team in the development of a master plan and implementation strategy for the city’s downtown waterfront. Identified opportunities for catalytic investment in the waterfront, in coordination with a re-envisioning for the area’s open space and circulation networks. Led a comprehensive community engagement process, and provided a roadmap for City implementation. Subsequently guided the City in understanding the development feasibility of three City-owned parcels along the Bluff, and supported the City in a development solicitation and negotiations process. Major League Soccer Stadium District, Miami, FL Advised David Beckham on predevelopment planning for a new, urban Major League Soccer stadium in Miami. Selected and managed a planning team of designers, engineers, and public engagement professionals to secure a waterfront location owned by the Miami port authority, PortMiami. The development program was anchored by the 20,000-seat stadium and supported by a network of open spaces and parks, including a linear park, pedestrian promenade, and central civic space. Led negotiations with Miami- Dade County to create a land valuation strategy for creation of the stadium district and park amenities. Redevelopment of the Historic Gas Plant Site, St. Petersburg, FL Supported the City of St. Petersburg in evaluating developer proposals for development of the 86-acre Historic Gas Plant District site, which houses Tropicana Field, home to the Tampa Bay Rays. Prepared a summary of each proposals’ key elements and strengths and weaknesses, and evaluated the economic, fiscal, and community impacts associated with each proposal, to inform the Mayor’s selection. Currently serving as an advisor to the City team Work Experience HR&A Advisors, Inc., 2004 – Present New York University, Institute for Civil Infrastructure Systems Graduate Research, Assistant, 2002 – 2004 Flatiron Real Estate Advisors, LLC, Acquisitions Consultant, 2003 Jenzabar, Inc. , Project Manager, Business Development, 2000 – 2001 Affiliations International Economic Development Council (IEDC) Urban Land Institute (ULI): NEXT New York Park Slope Food Coop: Real Estate Committee Local Law 97 Economic Impact Working Group, Member HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 10 in negotiations with a joint venture between Hines and the Tampa Bay Rays, on terms for the mixed-use development component of the project. Economic Benefits of a New Ballpark District, Kansas City, MO In support of the Kansas City Royals’ pursuit of the relocation and development of a new stadium and ancillary district development, produced a policy narrative summarizing the anticipated benefits of a new downtown ballpark district. Quantified incremental economic and fiscal benefits associated with the ballpark district, reviewing precedent stadium case studies across the country and projecting revenues associated with increased visitors to the region and increased activity, both on gamedays and year-round. Chicago Bears Stadium District Advisory, Arlington Heights, IL Advising Chicago Bears’ ownership on a stadium relocation plan. The new proposed 326-acre site will include a state-of-the-art stadium and a mixed-use entertainment district. Led an economic and fiscal impact analysis of both the stadium and the district to measure new benefits to the municipality, county, and state. Simultaneously led the market analysis for the site to determine the right mix and scale of programming based on regional development trends and national stadium districts. Conducted a financial feasibility analysis and land valuation to test the initial purchase price for the team’s owners, and worked with the master planning team to consider program alternatives that would drive the highest value and create a strong district. Major League Soccer Stadium, Queens, NY On behalf of Major League Soccer (MLS), advised on its efforts to develop a new professional soccer stadium in New York City. Established key parameters for site selection and developed a shortlist of potential sites; led a team of sub- consultants – architectural, infrastructure, transportation, construction, land use counsel, and government affairs firms – through a comprehensive evaluation process; and narrowed the search to a priority site for further study and planning. Oversaw the multidisciplinary team throughout a complex stadium design and site planning process; advised MLS in navigating the public review process, serving as lead liaison to City agencies and creating a replacement parkland strategy to address parkland alienation; and managed a comprehensive public relations effort to build public and community support, including development of a significant set of open space improvements surrounding the site. Willets Point Redevelopment, Queens, NY On behalf of Macerich and AvalonBay Communities, led the development of a proposal to the City of New York for the redevelopment of the Willets Point District in Queens, with a first phase of retail and residential development totaling more than 1.2 million square feet and representing $1 billion in investment. Establishing a Vision for the Overtown Miami Greenway, Miami, FL On behalf of the City of Miami, led the development of a concept for a 33-acre signature destination open space, planned beneath the reconstruction of I-395 and knitting downtown Miami to adjacent neighborhoods. Managed a team of HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 11 landscape architects, planners, designers, and engineers, and supported coordination with City agencies, local stakeholders, and the Florida Department of Transportation. Master Plan for The Underline, Miami, FL Advised on the economic elements of a vision and master plan for Miami’s proposed new 10-mile linear park and urban trail, The Underline. For Friends of the Underline, framed potential strategies to maximize the positive economic impacts of The Underline and improve the general condition of the surrounding corridor by promoting complementary uses and cohesive design. Estimated the potential economic and fiscal impact of park construction and operation to demonstrate the potential value The Underline would generate to its surrounding communities. Riverfront Investment Strategy, Jacksonville, FL Advised the Jacksonville Downtown Investment Authority on a vision and implementation framework to revitalize the City’s downtown waterfront. Following an analysis of demographic and market conditions and key stakeholder outreach, developed an actionable investment strategy for the downtown waterfront that is rooted in tenets of placemaking and activation, grounded in market conditions, and accompanied by a practical strategy for implementation to support downtown development. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 12 Pronouns: He/Him/His Education Goldey-Beacom College, Master of Science in Finance, 2018 Columbia University, Master of Science in Real Estate Development, 2015 UPC BarcelonaTech, Arquitecto, 2011 Work Experience HR&A Advisors, Inc., 2015 – Present U3 Advisors, Graduate Intern, 2015 Center for Urban Real Estate, Graduate Research Assistant, 2014 Hotusa Group, Project Manager, 2012 – 2014 DPG Arquitectura, Junior Architect, 2010 – 2012 Affiliations Registered Architect, Spain Urban Land Institute, NY Infrastructure Council, Member Young Professionals in Infrastructure, Member Ignacio Montojo | Principal Ignacio Montojo serves infrastructure and real estate developers and investors, international finance institutions, and public agencies in planning and delivering complex real estate and infrastructure development projects globally. Ignacio brings deep analytical rigor and a strong quantitative background to support the delivery of capital projects, through market analyses, funding and financing plans, public-private partnerships, and economic and fiscal impact studies. Ignacio’s work in the United States has ranged from supporting transit agencies such as the MTA, GoTriangle, and WMATA devise and execute partnerships for joint development, to working alongside two dozen municipalities, counties, and states to define actionable funding, financing, and delivery strategies for their real estate projects and capital plans. Ignacio holds a master’s degree in Real Estate Development from Columbia University and obtained the 1st Thesis Award for his global comparative Real Estate Investment Trust study. Ignacio also holds graduate studies in finance and accounting. Previously, he obtained a Degree in Architecture from UPC BarcelonaTech. He is an active member of the Urban Land Institute New York Infrastructure Council and the Young Professionals in Infrastructure and has been a guest lecturer to urban planning and real estate students at the Harvard Graduate School of Design and the Stuart Weitzman School of Design at the University of Pennsylvania. Clearwater Development Advisory, Clearwater, FL Provided advisory services for the re-positioning of three City-owned waterfront sites, including support in the drafting of the RFP for redevelopment of the Harborview site. Scope of work included a market scan and feasibility analysis for various development scenarios that were developed in coordination with WJ Architects, as well as provided input into a referendum strategy for the disposition of the sites, as well as its procurement. GoTriangle RUS Bus Procurement and Transaction Support, Durham, NC Building on a first phase of work that identified potential development programs and defined financial feasibility, supported GoTriangle in advancing a solicitation process to secure a development partner for the Raleigh Union Station (RUS) Bus Facility. The RUS Bus Facility is a 1.76-acre site that could accommodate over 350,000 GSF of development in addition to a 37,000 GSF ground-floor bus facility. GoTriangle aspires to utilize the air rights over the bus facility to accomplish a joint development project that delivers financial and programmatic benefits to the organization, contributes to neighborhood vitality, and creates affordable housing opportunities. Supported GoTriangle by managing the developer procurement process from strategy formulation through a request for qualifications (RFQ) and a request for proposals (RFP). Supported GoTriangle in negotiations of ground lease and joint development agreement term sheets with a preferred developer. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 13 Baltimore Penn Station Development, Developer Submission Support, Baltimore, MD Supported Beatty Development’s proposal to redevelop Baltimore Penn Station and surrounding parcels. Beatty proposed to leverage the location of Penn Station to develop more than 1 million square feet of new mixed-use space as well as restore the historic station structure. For the proposal, reviewed Beatty’s financial assumptions, developed a financial model that adheres to guidelines established by Amtrak, and prepared presentation materials that summarize financial information on the proposed development plan. Supported Beatty in the negotiation of a term sheet and a ground lease agreement. In December 2017, Amtrak selected the Beatty team, Penn Station Partners, to lead a master development plan at Baltimore’s Penn Station, which includes the modernization and expansion of stations facilities and a TOD plan that integrates the surrounding neighborhoods to the station area. Riverside Convention Center P3, Riverside, CA Supported the City of Riverside, CA, in the economic assessment and negotiations with Greens and Griffin Swinerton for a P3 delivery of a parking structure, convention center expansion, and mixed-use development in downtown Riverside. The new parking structure will free up land for the expansion of the convention center and the delivery of the mixed-use program in a City-owned lot. The City expects to use land disposition and fiscal revenue generated by the mixed-use development, as well as a revised citywide parking rate structure, to fund the delivery of the public parking and the convention center expansion. Redevelopment Strategy for a Large-Scale Assemblage, Clearwater, FL Supported a private landowner through the early predevelopment planning stages for a 45-acre land assemblage adjacent to downtown Clearwater, FL. Provided an analysis of various redevelopment options, assessing the ability of a signature mixed-use development to capture regional demand. Explored the potential for additional property acquisition and evaluated the benefits of pursuing a coordinated development plan across the 45 acres, including seeking a potential increase in allowable density. Over an intense 8-week period, worked closely with the landowners and the team to build an internal and external business case for a coordinated redevelopment plan and a rezoning. NYCEDC 124 East 14th Street RFP Response, New York, NY Prepared a developer response to an RFP by New York City Economic Development Corporation for the redevelopment of a large parcel on one of New York City’s most dynamic commercial and civic corridors. The organization sought to create a commercial development that will support several quality jobs and incubate innovative industries and companies. Identified design and planning team members and drafted the proposal, which included a robust development program and pro forma. Supported the developer on its negotiations of a development and ground lease agreement with the City. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 14 Pronouns: He/Him/His Alex Stokes | Principal Alex advises public and private-sector clients on strategies to leverage real estate assets for economic development and urban revitalization. He has conducted numerous real estate market and financial feasibility analyses and has developed financial models to determine real estate valuation and construction feasibility. Prior to joining HR&A, Alex served as a financial advisor to state and local housing finance agencies. Education Université Paris-Dauphine, Masters in Real Estate, 2007 – 2008 Harvard University, Bachelor of Arts, History, 2003 – 2007 Waterfront Master Plan and Development Advisory, Clearwater, FL On behalf of the City of Clearwater, led a multidisciplinary team in the development of a master plan and implementation strategy for the city’s downtown waterfront. Identified opportunities for catalytic investment in the waterfront, in coordination with a re-envisioning for the area’s open space and circulation networks. Led a comprehensive community engagement process, and providing a roadmap for City implementation. Development Advisor for a New Miami Soccer Stadium, Miami, FL Advised Beckham Brand Limited on development efforts for a professional soccer stadium in Miami, Florida. Assembled a multidisciplinary team to establish parameters for the stadium’s site requirements, which included a vibrant, urban location. Identified and evaluated potential sites, assessing neighborhood context, brand value, stadium fit and orientation, traffic, access, parking, and site acquisition costs. Throughout site selection, briefed Miami- Dade County on the value of an urban soccer stadium and ongoing processes. In 2013, the County commission unanimously approved a resolution allowing Mayor Gimenez to negotiate with the franchise for the acquisition of a downtown site for stadium development. Redevelopment Planning for the Sarasota Bayfront Assessed redevelopment options for a 75-acre waterfront cultural district in Downtown Sarasota. Established guiding principles to shape the community- based planning process for a district of vacant and underdeveloped parcels and prominent cultural and education facilities. Assisted a coalition of civic organizations in advocating for the vision plan and creating the Sarasota Bayfront Planning Organization (SBPO) to lead a waterfront master planning process in partnership with the City and community groups. Subsequently helped the SBPO select a master plan design firm and then oversaw implementation and financial planning for the district, while also supporting governance and programming strategies. Following unanimous approval of the master plan by the City Council, supported the implementation of the plan’s first phase, including the successfully creation of a new tax increment financing district to fund a portion of project costs. Work Experience HR&A Advisors, Inc., 2010 – Present Caine Mitter & Associates Incorporated, Financial Advisor to Affordable Housing Agencies, 2008 – 2010 Affiliations University of Pennsylvania, School of Design, Lecturer, 2015 – Present HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 15 Development Advisory, Hartford, CT Advised on a redevelopment strategy for a large-scale mixed-use development containing a new minor league baseball stadium in Hartford’s DoNo neighborhood. Analyzed a developer’s financial proposal through a multi-year cash flow model, and assessed the impact of future economic and market conditions on the project. Evaluated the impact of the plan on property tax revenues and assessed the viability of the proposed property tax structure to assist the City in negotiations and ensure a fair return on City investment. Fiscal Impact and Financing Strategy for Mixed-Use Neighborhood, Denver, CO Advised Broadway Station Partners – the owners of a 40-acre former industrial site adjacent to Broadway Station, a major light rail and bus node south of Downtown Denver – on master plan development, site entitlement, and public infrastructure financing related to a planned 4M SF mixed-use development. Prepared a detailed financial model to project value-capture financing capacity for infrastructure development, including the use of tax increment financing (TIF) and revenues from the local Metropolitan District, a special taxing district. Assessed the impact of development program, phasing, local market indicators, financing structure, and numerous other factors on potential capital sources and horizontal development feasibility. This analysis became the basis for the developer’s tax increment financing negotiations with local public authorities. Lakepointe Feasibility and Benefits Analysis, Kenmore, WA Supported the City of Kenmore and Weidner Apartment Homes to advance planning and negotiations around a proposed transformative, mixed-use development on the Lake Washington waterfront requiring public-private partnership to support significant remediation and infrastructure costs. Led development of a multi-year pro forma analysis to test the financial feasibility and measured the economic and fiscal impacts of three development scenarios for the waterfront site to support the City of Kenmore’s decision-making process around entering into their first large-scale public private partnership. Team recommended a refreshed planning process to rethink development phasing and program, while incorporating City priorities. In September 2018 the Kenmore City Council accepted the financial model and summary report and authorized City staff to enter into negotiations of a development parameters agreement with the Weidner Apartment Homes team. Kendall Square Development Feasibility Analysis, Cambridge, MA In response to a request from the City of Cambridge, Boston Properties expressed interest in siting a power substation on its property in Kendall Square. Boston Properties would build the substation underground on the site of an existing parking garage serving its commercial buildings, which would require the developer to relocate a large number of existing parking spaces. Supported the Cambridge Redevelopment Authority in its negotiations with Boston Properties by updating its earlier analysis of commercial development feasibility in Kendall Square, scrutinizing Boston Properties' assumptions, and suggesting reasonable transaction terms. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 16 Master Developer Selection for WestEdge, Charleston, SC Supported the selection of a master development partner to build the first phase of the WestEdge for the Horizon Project Foundation, a partnership of the Medical University of South Carolina Foundation and the City of Charleston. WestEdge is a forty-eight-acre, mixed-use district, adjacent to the university, with research and technology, institutional, commercial, retail, multifamily residential, and hotel uses. Assisted the foundation’s evaluation of developer responses, and crafted preliminary transaction terms to meet development goals and infrastructure needs. Continued to support Foundation through the negotiation and contracting phases. The first phase of the new “WestEdge” District – including 350 residential units -- broke ground in 2016; the first phase of commercial development is expected to commence in 2017. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 17 Pronouns: He/Him/His Santiago Salamanca | Director Santiago works with cities, developers, and institutions to create value for their communities by crafting strategies for infrastructure, public policy, and real estate development. He contributes expertise in market research, financial modeling, and feasibility analysis. He has advised clients across the US assessing the local real estate market, identifying potential catalytic development sites, estimating financial feasibility of development scenarios, and recommending public and private actions needed to advance key opportunities. Santiago earned his master’s degree in City and Regional Planning from Pratt Institute. He previously obtained a Degree in Economics from Universidad de los Andes. Education Pratt Institute, Master of Science in City and Regional Planning, 2017 Universidad de los Andes, Bogotá, Colombia, B.S. in Economics, 2009 Kendall Square Development Feasibility Analysis, Cambridge, MA In response to a request from the City of Cambridge, Boston Properties expressed interest in siting a power substation on its property in Kendall Square. Boston Properties would build the substation underground on the site of an existing parking garage serving its commercial buildings, which would require the developer to relocate a large number of existing parking spaces. Supported the Cambridge Redevelopment Authority in its negotiations with Boston Properties by updating its earlier analysis of commercial development feasibility in Kendall Square, scrutinizing Boston Properties' assumptions, and suggesting reasonable transaction terms. Cambridge Redevelopment Authority On-Call, Cambridge, MA On behalf of the Cambridge Redevelopment Authority (“CRA”), acting as the on-call real estate adviser. Assisting CRA in analyzing short-term and long- term real estate development strategies to support the strategic business direction of the organization. Advising on negotiating strategy and proposed deal terms between a private developer and CRA, reviewing and recommending potential strategies to preserve a key affordable office property, and assessing the potential for new development to financially support a local non-profit organization while advancing CRA objectives. Continuously advises on real estate issues since 2019 as requested by CRA. Battery Park City Authority Real Estate Advisory Services, New York, NY HR&A serves as an on-call real estate advisor to the Battery Park City Authority (BPCA), which manages a 92-acre mixed-use neighborhood in Lower Manhattan. The Authority faces several complex public policy and real estate questions, including sustainability, resiliency, and affordable housing, the structure and terms of long-term ground leases, and planning for district-level capital investments. Provided primary support involving transactional support in renegotiating ground lease terms and rental affordability, and led the financial analysis that served as a basis for those negotiations. Work Experience HR&A Advisors, Inc., 2018 – Present Institute for Transportation and Development Policy, International Consultant, 2018 Institute for Transportation and Development Policy, General Intern, 2017 – 2018 UPROSE, Urban Planning Fellow, 2016 – 2017 Pratt Institute, Graduate Assistant, 2015 – 2017 La Trocha, Real Estate Asset & Financial Manager, 2011 – 2015 Acción Fiduciaria, Office Manager, 2011 Acción Fiduciaria, Business Analyst, 2010 Affiliations American Planning Association, Member Urban Land Institute, Member HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 18 Development Advisory for the City of Santa Monica' For the City of Santa Monica, directed peer reviewed economic and financial analyses for a proposed Frank Gehry designed mixed-use development project in the city. The Project would include a hotel, residential apartments, cultural uses, retail and dining, open space and a publicly accessible rooftop observation deck in the city’s downtown district. Quantified the net fiscal and economic impacts of the Project as compared to a hypothetical baseline scenario based on allowable zoning. In addition, performed a peer review of the developer's Project pro forma to inform negotiations around the provision of community benefits as part of the Project. The results of HR&A’s analyses were presented at Santa Monica City Council in July 2022, leading to a unanimous vote from councilmembers to approve the Project. Jacksonville U2C TOD Framework, Jacksonville, FL On behalf of the Jacksonville Transportation Authority (JTA), supported the development of a framework for TOD around the U2C (Ultimate Urban Connector). In cooperation with WSP, evaluated existing land use policies, and station area plans to understand existing conditions for TOD, issues, and opportunities in Jacksonville. Led the market and financial analysis, including market feasibility, financing and value capture mechanisms that contributed to a vision for the downtown U2C corridor that enhances economic development and increases ridership. Jacksonville First Coast Rail TOD Study, Jacksonville, FL On behalf of the Jacksonville Transportation Authority (JTA), supporting the development of a comprehensive plan for equitable Transit Oriented Development (TOD) implementation for the First Coast Rail project. The proposed project would establish a 38.4-mile commuter rail corridor from Downtown Jacksonville to St. Augustine in St. Johns County. In cooperation with WSP, evaluated evaluate existing zoning ordinances, land use policies, and station area plans to understand TOD conditions, issues, and opportunities along the corridor. Leading the creation of a TOD Toolkit that focuses on equitable TOD planning, key financing mechanisms, and value capture for the corridor. Long Island North Shore Redevelopment Project On behalf of one of the largest real estate property owners and developers in the New York, provided financial analysis services to support the draft environmental impact statement (DEIS) of a residential development project on the North Shore of Long Island. As part of the DEIS, tested the feasibility of alternative redevelopment scenarios at the project site and conducted an independent financial feasibility analysis. Developed a discounted cash flow financial model and calculated the financial returns for the developer after accounting for the proposed infrastructure upgrades. After the DEIS, the developer’s proposal was approved, and the project is expected to start construction in 2024. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 19 Real Estate Advisory for International Property and Infrastructure Group, New York, NY Created a real estate strategy to expand an international property and infrastructure group's development activity in the New York City market. Explored creative strategies to secure catalytic development opportunities, including targeted partnerships with institutions and nonprofits with unique real estate assets, as well as public entities. Identified and prioritized New York’s largest asset owners, potential public development opportunities, and possible land assemblages in geographies where future capital or land use decisions may improve market potential. Provided the range and cost- benefits of available deal structures and sites and developed a critical path for partnership opportunities in the short term. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 20 Redevelopment of the Historic Gas Plant District, St. Petersburg, FL CLIENT City of St. Petersburg LOCATION St. Petersburg, FL YEAR 2021-present SERVICES Developer Solicitation Owners Representative Economic and Fiscal Impact Community Benefits Review Financial Feasibility KEY PERSONNEL Cary Hirschstein The City of St. Petersburg developed a thoughtful and impactful request for proposals to redevelop a historic 80+ acre site in downtown. CHALLENGE The site of Tropicana Field was once a thriving predominantly African American community known as the Gas Plant in the center of St. Pete. However, the construction of I-275 and I-175 in the 1960s and 1970s isolated Gas Plant from surrounding neighborhoods and displaced residents. After decades of land- clearing through urban renewal, the neighborhood became the site of a stadium redevelopment plan completed in 1990. Today, the Tropicana Field site is 86 acres of parking with a baseball stadium, home to the Tampa Bay Rays. The City has long been interested in redeveloping the site and transforming the land into an active, mixed-use, and inclusive community. SOLUTION HR&A has supported the City throughout two rounds of development solicitations, including the current open round. Beginning in 2021, HR&A evaluated four shortlisted developer proposals in response to Mayor Kriseman’s RFP redevelopment plan. The mission of the plan was to drive an equitable development framework that creates significant community benefits and recognizes the site’s legacy while also adding new office, residential, and open space amenities for residents. The team led preparation for interviews with the development teams and crafted a detailed strengths and weaknesses report. The final report included an evaluation of the economic, fiscal, and community impacts associated with each proposal as well as the financial offers presented to the city. HR&A’s third-party review of the proposals was made publicly available for residents and stakeholders. HR&A then provided similar services to the City in review of the current round of solicitations, under Mayor Welch. IMPACT Mayor Welch announced a joint venture between Hines and the Tampa Bay Rays as the City’s preferred developer, and HR&A is now supporting the City team in the negotiations of a term sheet and development agreement for the site. QualificationsQu HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 21 Revitalizing Downtown Clearwater’s Waterfront CLIENT City of Clearwater LOCATION New York, NY YEARS 2016 – 2021 SERVICES Market Analysis Policy Analysis Stakeholder Outreach Strategic Planning Financial Feasibility Analysis Solicitation Management Transaction Support KEY PERSONNEL Cary Hirschstein Ignacio Montojo Alex Stokes For the City of Clearwater, HR&A developed an action-oriented, community-led master plan to activate a 66-acres of downtown waterfront. CHALLENGE While Clearwater Beach has grown significantly, the city’s downtown and adjacent waterfront have seen less development, cultural programming, and recreational activity than similar downtown waterfronts in the Tampa Bay region. Clearwater’s downtown waterfront is a beloved civic asset and an important community gathering place that hosts cultural events that attract visitors from across the region. Nonetheless, citizens across Clearwater recognize that the waterfront and bluff are underutilized assets, including large surface parking lots and aging assets, and have an opportunity to transform the area into a destination. SOLUTION HR&A developed a vision to transform Clearwater’s downtown park into an expanded signature space to rebrand downtown, increase visitation, improve connectivity and accessibility, and catalyze adjacent residential development. This plan also included a phased redevelopment strategy for potential catalyst sites, including three major development sites along the new park. We developed a vision and framework for public and private investment, as well as an action-oriented implementation plan. Throughout the process, HR&A worked with the City to conduct a comprehensive public engagement strategy. Imagine Clearwater was presented to City Council, stakeholders, and the public in January 2017. IMPACT Since the City Council approved master plan, the vision laid out in Imagine Clearwater is becoming a reality. The City committed $84 million to build the signature park, which is currently under construction. HR&A supported the creation of a redevelopment and disposition strategy for the waterfront development sites. After conducting a market sounding exercise and issuing a request for expressions of interest, HR&A supported the City with a full request for proposals (RFP) and negotiations. Voters recently approved a referendum this past fall to approve the sale of two of those parcels, and the City has reached agreement with Gotham to deliver a $400 million mixed-use development, a transformative project for downtown designed in line with the original master plan vision. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 22 CLIENT H. Lee Moffitt Cancer Center & Research Institute LOCATION Tampa, FL YEARS 2021 - present SERVICES Real Estate Advisory Development Strategy Industry Assessment Market/Feasibility Analysis Strategic Planning KEY PERSONNEL N/A HR&A is guiding the H. Lee Moffitt Cancer Center & Research Institute in the development of an innovation district in Pasco County, FL. CHALLENGE In 2018, Moffitt purchased 775 acres 30 miles north of its headquarters in Tampa for the purpose of establishing a walkable, mixed-use campus for world-class clinical, research, and digital innovation district. Entitled for up to 24 million square feet of development, Speros FL will be built out over many decades, leveraging tremendous regional growth from the cancer center’s continued expansion. SOLUTION In a first phase of work, HR&A supported stakeholder engagement and visioning to identify Moffitt’s core research and clinical strengths and distill a core set of goals for the district. Next, HR&A worked closely with design team HOK and civil engineer Ardurra to ensure that Moffitt’s mission-, clinical-, and revenue-driven goals were reflected in site plans. In the current phase of work, HR&A is evaluating the development feasibility of several development programs, with assumptions informed by numerous conversations with local brokers, developers, and county officials. Simultaneously, HR&A worked with Moffitt to release a request for information and qualifications (RFIQ), released in October 2022, and will support Moffitt through a request for proposals (RFP) process to bring on board a developer by mid-2023 for Moffitt’s first phase of development. HR&A will also support negotiations with the selected developer and continue to provide business planning, tenant/partnership engagement and governance services to Moffitt. IMPACT The project is intended to create an ecosystem of development and research, creating over 14,000 new jobs and catalyzing collaboration in the areas of biotech and life sciences. Planning for Development of the Moffitt Cancer Center Innovation District HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 23 Negotiation Support Client: Miami Beckham United Location: Miami, FL Completed: 2015 Development Advisor for a Professional Soccer Stadium in Miami Miami Beckham United retained HR&A Advisors as a development advisor to lead its efforts to develop a new professional soccer stadium in Miami- Dade County, Florida. HR&A assembled a multidisciplinary team to establish parameters for the stadium’s site requirements, including the franchise’s desire for a vibrant, urban location. The team then identified potential sites throughout the Miami area, and performed a preliminary site evaluation on those that best met the site selection criteria, assessing neighborhood context, brand value, stadium fit and orientation, traffic and access, parking, and site acquisition costs. Throughout the site selection process, HR&A worked as a liaison to City and County government, briefing key elected officials on the value of an urban soccer stadium to Miami, and leading negotiations for securing public approvals. HR&A’s project work has also included significant efforts to shape a vibrant urban environment around the stadium. In Miami Beckham United’s pursuit of a stadium at PortMiami’s southwest parcel, and subsequently at a site in downtown Miami, HR&A led the development of a master plan incorporating adjacent commercial development, a linear park connecting the port to downtown, and an engaging series of civic plazas and waterfront promenades. HR&A led a design team in the development of the concept, analyzed its market feasibility, oversaw an economic and fiscal impact analysis to communicate its value to the City of Miami and Miami- Dade County, and developed and negotiated a structure for the land transaction and delivery of key infrastructure. Client: Major League Soccer (MLS) Location: New York, NY Completed: 2019 Owner’s Representative Services to Major League Soccer Major League Soccer (MLS) retained HR&A as development advisor to lead its efforts to develop a new professional soccer stadium in New York City. With a goal of bringing a new 20th team to the league, HR&A established key parameters for site selection and established a shortlist of potential sites; led a team of sub-consultants – architectural, infrastructure, transportation, construction, land use counsel, and government affairs firms – through a comprehensive evaluation process; and narrowed the search to a priority site for further study and planning. HR&A then oversaw the multidisciplinary team throughout a complex stadium design and site HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 24 planning process; advised MLS in navigating the public review process, serving as lead liaison to City agencies and creating a replacement parkland strategy to address parkland alienation; and managed a comprehensive public relations effort to build public and community support, including development of a significant set of open space improvements surrounding the site. HR&A also led negotiations with the City on behalf of MLS for stadium development and lease agreements. In 2013, MLS came to an agreement with the Manchester City Football Club and the New York Yankees to establish MLS’ 20th franchise, the New York City Football Club. The new franchise generated a record fee of $100 million, more than twice the highest MLS franchise fee to date. The new club began its inaugural season in March 2015 at Yankee Stadium. Client: Port Authority of New York and New Jersey (PANYNJ) Location: New York, NY Completed: 2020 Strategic Advisory for PANYNJ’s Public-Private Advertising Partnerships, NY, NJ HR&A supported PANYNJ in structuring, procuring, and negotiating four long-term advertising contracts that reach over 266 million residents and visitors each year. In this role, HR&A developed strategies to maximize revenue generation and improve customer experience at PANYNJ’s iconic locations, including three of the country’s largest airports, the world’s busiest bus terminal, and the PATH rail system. In addition, HR&A advised on best practices for structuring transactions and aligning long-term incentives between the selected contractors and PANYNJ’s public priorities. Given the ongoing market shift from static assets to digital displays, HR&A advised on best practices for technology selection and integration, data privacy, and flexibility for rapid technological and market changes. HR&A evaluated the financial risks and opportunities presented in the proposals to support the selection of finalists across four major Port Authority business lines. Subsequently, HR&A directly advised the Port Authority’s negotiating strategy for each finalist and helped to draft term sheets for key contractual provisions. The negotiations of these 10+-year contracts coincided with the onset of the COVID-19 pandemic, and the HR&A team assisted PANYNJ in revising business terms to account for the short-term impacts of the crisis while preserving long-term revenue potential. Ultimately, the PANYNJ Board approved the four contracts, resulting in innovative public-private advertising partnerships to complement the Port Authority’s public spaces. Over the next 10 years, these contracts are estimated to generate over $100 million in new capital investments and approximately $500 million in net revenue to the Port Authority. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 25 Client: Transbay Joint Powers Authority (TJPA) Location: San Francisco, CA Completed: 2017 Transbay Transit Center Master Lessee Procurement Management, San Francisco, CA On behalf of the Transbay Joint Powers Authority, HR&A supported the Authority with the recruitment and selection of a long-term master lessee. The master lessee would oversee retail tenanting, facility management, and open space and event programming. The Transbay Transit Center is a new intermodal transit hub serving local and regional bus and train networks and an anchor of San Francisco's newest office and residential district. The facility features two stories of retail space, over 270 digital screens, and a 5.4-acre rooftop park. HR&A guided the Authority in the business plan for facility operations that will serve as the basis of an agreement with a master lessee. HR&A drafted and published a Request for Proposals for a master retail lessee, which received favorable responses from the development management community. HR&A worked with the Authority to review developer responses and select a master lessee, and supported the Authority through developer negotiations. Client: Beatty Development Location: Baltimore, MD Completed: 2017 Developer Financial Strategy for Baltimore Penn Station, Baltimore, MD HR&A supported Penn Station Partners, a development consortium led by Beatty Development Group, in the submission of a proposal to Amtrak to redevelop Baltimore Penn Station and parcels surrounding the Station. Beatty is proposing to leverage the location of Penn Station to develop more than 1 million square feet of new mixed-use space as well as restore the historic Station structure. For the proposal, HR&A reviewed Beatty’s financial assumptions, developed a financial model that adhered to guidelines established by Amtrak, and prepared presentation materials that summarized financial information on the proposed development plan. HR&A submitted a live financial model as part of the Beatty project team’s proposal submission to Amtrak and made refinements as program assumptions and term sheet negotiations with Amtrak evolved, including a waterfall structure to evaluate different ground lease payment structures as per the latest deal terms discussed between Beatty and Amtrak. Based on these updated financial analyses, in December 2017 Amtrak selected Penn Station Partners for the redevelopment of the site, scheduled to kick off in summer 2021. Client: City of Kenmore Location: Kirkland, WA Completed: 2018 Lakepointe Feasibility and Benefits Analysis, Kenmore, WA The City of Kenmore, WA, and Weidner Apartment Homes engaged HR&A as a third-party expert to analyze the feasibility and potential economic and fiscal impacts of a large-scale waterfront development known as Lakepointe, and provide strategic guidance on the path toward a public- private partnership. Any development of Lakepointe, a 50-acre site at the northern end of Lake Washington, would require a significant investment in in enabling infrastructure and site remediation due to the site’s topography HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 26 and past industrial uses. Given the high level of initial investment required, including the City’s projected need for additional on- and off-site infrastructure improvements to mitigate traffic and other impacts associated with the scale of the future development, the Weidner team had previously identified a significant project feasibility gap and requests public-sector support to implement their proposed development. As the City and Weidner worked together to determine the appropriate path toward a development agreement, both teams looked to HR&A for technical expertise and advisory services to: x Test the project’s feasibility through development of a multi-year pro forma analysis for three development scenarios; x Analyze the economic and fiscal impacts of development, should the project be delivered; x Identify and understand the impact of utilizing tools available to the City to narrow or close any resulting project feasibility gap, and the need for additional funding if these do not sufficiently close the gap. HR&A concluded that the feasibility gap of the project in all scenarios tested was larger than could be addressed by the City’s existing tools to support development. The project’s implementation likely requires both refreshed planning process to rethink development phasing and program, while incorporating City priorities, and coordinated efforts to attract County, State, and regional funding support in addition to City commitments. In September 2018, the Kenmore City Council formally accepted HR&A’s analysis and findings and authorized City staff to negotiate a development parameters agreement with the Weidner Apartment Homes team. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 27 Sports & Entertainment District Planning Client: Kansas City Royals Baseball Club Location: Kansas City, MO Completed: 2022 Economic Benefits Case for a New Downtown Ballpark District In support of the Kansas City Royals’ pursuit of the relocation and development of a new stadium and ancillary district development, HR&A produced a policy narrative summarizing the anticipated benefits of an urban ballpark district. HR&A quantified incremental economic and fiscal benefits associated with the ballpark district, reviewing precedent stadium case studies across the country and projecting revenues associated with increased visitors to the region and increased activity, both on gamedays and year-round. Given the preliminary status of planning for the adjacent real estate district, HR&A utilized market research to ground programming assumptions and provided a refined scale and pace of development to the architecture team leading the district design. In coordination with the Royal’s ownership, HR&A led a community benefits narrative that will be integral to planning efforts and establishing a Community Benefits Agreement upon site selection. HR&A Partner Cary Hirschstein presented the benefits case alongside team leadership in the Royals’ first town hall. Client: Chicago Bears Location: Arlington Heights, IL Completed: 2022 Chicago Bears Stadium District Economic Benefits Case HR&A is advising the Chicago Bears’ ownership on a stadium relocation plan. The new proposed 326-acre site will include a state-of-the-art stadium and a mixed-use entertainment district. HR&A led an economic and fiscal impact analysis of both the stadium and the district to measure new benefits to the municipality, county, and state. The team will use the narratives that HR&A drafted as well as the impact results as they seek local approvals and engage a range of stakeholders. HR&A simultaneously led the market analysis for the site to determine the right mix and scale of programming based on regional development trends and national stadium districts. We then conducted a financial feasibility analysis and land valuation to test the initial purchase price for the team’s owners and worked with the master planning team to consider program alternatives that would drive the highest value and create a strong district. Client: The Related Companies Location: Detroit, MI Completed: 2022 Benefits Case for The District Detroit On behalf of The Related Companies, HR&A estimated the economic and fiscal impacts of The District Detroit, a 2.8 million gross square feet proposed mixed-use development including an NFL, NBA, and NHL arenas in Detroit’s central business district anticipated to be completed between 2023-2028. The proposed development will be anchored by the Detroit Center for Innovation (DCI), a cluster of three buildings that will combine academic programs from the University of Michigan with workforce training programs for tech occupations and incubator programs for startups. HR&A developed assumptions for the impact study using financial HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 28 underwriting provided by the client as well as third party reports and desktop research to estimate the economic and fiscal impacts of the construction and operation of the proposed development within the city of Detroit and state of Michigan. HR&A’s final impact summary presents the estimated jobs, wages, economic output, and tax revenue to be created by the project’s development. The Related Companies is using this report to support their conversations with the State and City, as well as to complete their application for the Transformational Brownfield Plan (TBP) to unlock financing to implement the proposed vision. Client: District of Columbia Office of Planning (DCOP) Location: Washington, D.C. Completed: 2014 Anacostia Riverfront Revitalization In partnership with city and federal agencies, HR&A led a major planning and development effort for the District of Columbia’s Office of City Planning to develop a short and long-term revitalization plan for the neighborhoods and waterfront along a ten-mile stretch of the Anacostia River. The firm managed the overall effort, known as the Anacostia Waterfront Initiative. Our work included coordinating numerous public agencies and stakeholders, economic analysis, and complex real estate analysis and advice. HR&A assisted the District of Columbia to implement the plan by guiding the redevelopment of substantial properties, including the 55-acre Southeast Federal Center, the southwest waterfront along the Washington Channel, and RFK stadium and its surrounding areas. The firm also assessed the feasibility of numerous locations for a new major league baseball stadium, negotiated with selected developers, and created a public finance strategy to support both the stadium and affordable housing. HR&A also oversaw the creation of the Anacostia Waterfront Corporation’s (AWC) business plan and developed the AWC’s policies and procedures for human resources, procurement, and real estate disposition. HR&A also led a public outreach process to ensure that the plan aligned with community concerns and aspirations, coordinating 19 public meetings in a three-month period during the project’s first phase. The Anacostia Waterfront Framework Plan won an AIA Honor Award for Regional and Urban Design. According to the Washington, D.C. Mayor’s Office, the Anacostia Waterfront Initiative has catalyzed over $8 billion in economic development investment to date, anchored by Nationals Park, home to the Washington Nationals baseball club. In October 2017, the revitalized southwest waterfront opened to the public as The Wharf – a mixed-use development by Hoffman-Madison Waterfront LLC. Client: City of Tulsa Location: Tulsa, OK Completed: 2018 Tulsa Arena District Master Plan On behalf of the City of Tulsa, and as a subconsultant to MKSK, HR&A supported the development of a master plan for the Arena District. The Arena District is an eclectic district within Downtown Tulsa that the City hopes to position as a vibrant entertainment district and mixed-use neighborhood. The District has experienced recent investments sparked by the passage of a public funding package– most notably the 19,000 seat multi-purpose arena the BOK Center–yet has not realized the organic growth occurring in other downtown districts. HR&A first performed a HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 29 socioeconomic analysis and real estate market scan to identify demand drivers and understand the feasibility of different uses within the Arena District, with a particular focus on retail opportunities. Based on findings from these analyses, HR&A developed a strategy to identify tenants that can help the District develop a compelling niche and identity. HR&A worked with the MKSK team to evaluate development opportunities for catalytic sites. In the final phase of the planning process, HR&A supported the team in producing an implementation strategy for activating the Arena District that articulates potential funding sources for key initiatives and identifies the roles and responsibilities required to advance short- and long-term strategies. Client: Olympia Development Location: Detroit, MI Completed: 2019 Development Advisory Services for the District Detroit HR&A provided real estate development advisory services to the Detroit Red Wings related to the location, design, and financing of a new stadium and complementary mixed-use development, now known as The District Detroit, which will encompass 50 blocks, five neighborhoods, three professional sports venues, six theaters, and more than 180,000 square feet of new retail and restaurants. HR&A navigated a complex pre- development process including visioning, programming, requests for public funding and approvals, land acquisition, and other activities. HR&A developed and executed an intergovernmental strategy to secure legislative support, public financing for Little Caesars Arena, infrastructure funding, and land use entitlements. This strategy relied on HR&A’s analysis of complex public-private funding structures and financial impacts on the franchise, including equity returns and ability to cover debt service, as well as an economic and fiscal impact analysis quantifying returns to the public sector resulting from new development. HR&A also consulted on development strategy, conducting risk assessment, and advising on implementation with respect to site location and acquisition, design, programming, infrastructure, and supporting services. The $860 million Little Caesars Arena, home to the Red Wings and the Detroit Pistons, opened in September 2017, with nearly $325 million in public funding, the majority enabled by tax increment financing. Development of the $2 billion District Detroit is ongoing. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 30 Additional Florida Experience Client: Sarasota Bayfront Planning Organization Location: Sarasota, FL Completed: 2018 Redevelopment Planning for the Sarasota Bayfront Beginning in 2014, HR&A assisted a coalition of community leaders, Bayfront 20:20, in advocating for the redevelopment options for a 75-acre waterfront cultural district in Downtown Sarasota. The district consists of several prominent cultural and education facilities along with adjacent vacant and underdeveloped parcels. HR&A organized and oversaw a wide- reaching community outreach process that led to the creation of six implementation principles to guide future bayfront redevelopment efforts. These principles were first adopted by the coalition, which ultimately included over 50 civic and community groups, and subsequently by City leadership. In a later phase of work, HR&A supported the newly constituted Sarasota Bayfront Planning Organization (SBPO) in selecting a design firm to lead a master plan for the bayfront via an open selection process that attracted responses from two dozen top design firms from around the world. Once the SBPO selected Sasaki as lead master planner, HR&A continued to support the bayfront redevelopment process by overseeing implementation planning for the district, with a particular focus on crafting a phased funding strategy for capital and operating costs that drew on diverse funding mechanisms including value capture, special assessments, upfront public support, and contributed private funds. HR&A also supported the master planning team in establishing a governance structure aligned with planned funding sources and developing interim and long-term programming strategies for the site. The master plan was unanimously approved by the Sarasota City Commission in September 2018 and the first phase of the park opened in 2022. HR&A has continued to support park implementation, including helping to create a new tax increment financing district to fund a portion of project costs and supporting the recent consideration and approval by the City and County Commissions of the first $48M of TIF financing for the next phase of park construction. As of this writing, incremental value in the district established for TIF and in which incremental value can reasonably be attributed to the master plan has reached nearly $650 million, 66% higher than HR&A’s initial, conservative projections and 300% higher than the County’s initially skeptical projections. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 31 Client: Manatee County Location: Brandon, FL Completed: 2018 Port Manatee District Master Plan HR&A, as part of a team led by Stantec, is developing recommendations for Manatee County, Florida as it seeks to make 30,000 acres of bayfront land a focus of regional economic development by encouraging the growth of new businesses and uses adjacent to Port Manatee, an 1,100-acre seaport that anchors the district. The Northwest County area is largely composed of industrial, agricultural, and vacant land, and is located in close proximity to major regional population centers, including Tampa, St. Petersburg, Bradenton and Sarasota. HR&A is conducting a market analysis of the area to project employment growth and associated development. This analysis will help identify potential drivers of economic growth in the Northwest County area, including Port expansion, increased industrial output, and growth in other local sectors. HR&A will develop a set of growth scenarios based on these drivers for various development uses, which will inform recommendations on investments and programmatic interventions designed to catalyze this growth. HR&A’s analysis will inform a gap analysis to be performed by Stantec between the area’s existing infrastructure capacity and that needed to meet growth projections. Client: Friends of The Underline Location: Miami, FL Completed: 2015 Miami Underline Master Plan On behalf of Friends of the Underline, HR&A served on a team led by James Corner Field Operations to develop a vision and master plan for Miami- Dade County’s planned new feature park, the Underline. HR&A helped to frame a vision of a vibrant linear park that will enhance connectivity, mobility, and recreation for residents and visitors, and analyzed how the park will likely activate surrounding real estate to catalyze future development at key nodes. HR&A also examined potential public-private implementation concepts. Subsequently, HR&A was engaged to conduct an economic impact study and build a public benefits narrative to illustrate the positive impacts of the planned park. HR&A assessed the economic impacts of initial park construction, ongoing park operations, and resulting annual spending and real estate value increases throughout the County economy. Finally, HR&A evaluated the impact that the park would have on Miami’s city “brand.” HR&A’s study is being used to support capital funding requests and build public support among stakeholders around this signature vision for the County. Client: Jacksonville Transit Authority Location: Jacksonville, FL Jacksonville First Coast Commuter Rail TOD Study, Jacksonville, FL On behalf of the Jacksonville Transportation Authority (JTA), HR&A supported the development of a comprehensive plan for equitable Transit Oriented Development (TOD) implementation for the First Coast Commuter Rail project. The proposed project would establish a 38.4-mile commuter rail corridor on Florida East Coast (FEC) Railway rail line from Downtown Jacksonville to St. Augustine in St. Johns County. In cooperation with WSP, HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 32 Completed: 2020 HR&A evaluated existing zoning ordinances, land use policies, and station area plans to understand TOD conditions, issues, and opportunities along the corridor. Local input, along with market analysis and station area planning, contributed to an equitable vision for the entire corridor that produces strategies to ensure that the underserved community has the opportunity to reap the benefits of access to employment opportunities and housing within the corridor. HR&A's deliverables for JTA included a TOD Toolkit that focused on equitable TOD planning, key financing mechanisms, value capture for the corridor, and an Implementation Report. Client: City of Miami Location: Miami, FL Completed: 2020 Establishing a Vision for The Overtown Miami Greenway On behalf of the City of Miami, and in partnership with Hargreaves Jones and WSP, HR&A led the development of a vision, concept plan, and business framework for the Overtown Miami Greenway (previously referred to as The Underdeck), a future 33-acre open space network in the heart of downtown Miami. The construction of Miami's I-395 in the 1960s divided the neighborhoods of downtown Miami, and the physical and psychological barriers established remain today. As the Florida Department of Transportation (FDOT) rebuilds the highway, they have committed to partner with the City of Miami to create a major open space network beneath the elevated roadway. The project will connect the neighborhoods of Downtown, Omni, and Overtown, and redefine the potential of open space as a force for inclusive growth in Miami. HR&A worked with the City and design team to define a vision for the future open space, informed by community engagement, and advanced concept designs for integration with FDOT’s broader plans for the highway alongside the Department and its design-build contractor. In addition, HR&A worked closely with the City to develop a long-term funding and governance framework to guarantee the open space’s sustainable operations for years to come. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 33 TAB 3 Project Methodology, Approach and Timeline HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 34 Project Methodology and Approach Approach Principles To support the City achieving its goals, HR&A will be guided by the following principles: • Objectivity: HR&A is an independent advisory firm with no brokerage, investment, or parallel business models that could present a conflict of interest or limit our ability to provide the City with the best of our services and staff. • Integration: HR&A has worked in complex public-private development projects across the country and can seamlessly integrate their teams within those of the City, supplementing and expanding, where there is a needed in a collegial and collaborative manner. • Rigor: HR&A praises itself for having robust in-house analytical and financial modeling skills that complement our strategic advisory services, allowing for the required accuracy and detailed in our findings and recommendations. • Flexibility: HR&A embarks this new phase of work with the City with the understanding that negotiation and implementation of complex relationships like this one, require nimbleness and flexibility, and understands that the City’s guidance around our services and role on the Project may quickly change. We are committed to be responsive and amenable to the needs of the City as they evolve. Approach to Workstreams As the City’s chief negotiator, HR&A expects to perform tasks and services under a variety of workstreams. These workstreams are, in our experience, typical in real estate procurements and negotiations. However, given the open-ended nature of these processes, not all tasks and services described below may be necessary, while others not included may be required as work and engagement with the MLB franchise and developers continue. HR&A will seek the City’s approval before initiating any activity not contemplated in the workstreams below. The project negotiation and implementation roadmap that we will build in collaboration with the Project Manager and the City at the beginning of the assignment as part of Workstream B, will help further define which of the services and tasks outlined below to prioritize. The proposed workstreams are well aligned (see Figure 1 below) with the City’s identified services and our responsibilities as consultants, and aim to provide all the service required by the City during the negotiations. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 35 Figure 1. Proposed Workstreams and Services Identified in the RFP HR&A Workstreams Services identified in the RFP Workstream A: Overall Project Management and Coordination • Consult with the City Manager, Assistant City Manager, Councilmembers, Legal and Project Manager as applicable; • Provide debriefing for the City Manager, Assistant City Manager, Legal and Project Manager on the status of negotiations as needed. Workstream B: Project Negotiation and Implementation Roadmap • Provide information and expertise on negotiation strategies to be utilized with an MLB franchise; • Provide information and expertise on issues identified during the term of the engagement; • Advise and represent the City in negotiations; • Attend negotiation sessions as the City’s Chief negotiator. Workstream C: Due Diligence Support • Provide information and expertise on negotiation strategies to be utilized with an MLB franchise; • Provide requested reports that may include data analysis, surveys, etc. Workstream D: Draft Agreement and Negotiation • Advise and represent the City in negotiations; • Attend negotiation sessions as the City’s Chief negotiator. • Prepare documents for negotiations as applicable. • Participate in drafting proposals for negotiations. Workstream E: Internal and External Communications • Provide information and expertise on issues identified during the term of the engagement; • Assist the Project Manager in reporting to the City Manager, Legal and City Council on the progress of meeting(s). HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 36 Project Methodology Project Kickoff HR&A will participate in a kickoff meeting with key members of the City. This initial meeting will include review of scope, planned deliverables, cadence of meeting check ins and associated schedules. Our team will submit a data request to the City of Clearwater for any initial materials already produced or other relevant documents for review. In this period, we will undertake initial research and reconnaissance to get up to speed on project status and schedule initial meetings with the Project Manager and City representatives as necessary. Deliverables: •Inception Report: Brief memorandum that includes a proposed work plan with interim milestones, resources needed, and data availability. Proposed Workstreams Workstream A: Overall Project Management and Coordination HR&A will serve as the day-to-day manager of all activities regarding negotiations with the MLB franchise. •Project Management | HR&A will schedule and facilitate internal and external meetings, manage key documents and establish information sharing protocols and platforms, and support the City in identifying, producing, and managing any third-party consultant or service providers necessary to advance the project. •Project Coordination | On an as-needed basis, HR&A will consult with City Manager, Assistant City Manager, Councilmembers, Legal, and Project Manager on the evolving needs of the City. Workstream B: Project Negotiation and Implementation Roadmap At the onset of this contract, HR&A will develop a master project schedule for the negotiations process. The master project schedule will help identify required activities and stakeholders needed to advance negotiations. The schedule will serve as a roadmap to define a critical path, track progress, identify challenges, and provide accurate debriefing to the Project Manager and reporting on the progress of meetings to City representatives. We will update this master schedule regularly to reflect the most recent project developments. Workstream C: Due Diligence Support To advance negotiations with the franchise, HR&A will provide analytical support and expertise to support due diligence. •Analytical Support | HR&A will provide reports and surveys that inform the City on issues such as the local real estate market, legal requirements, risk, and site conditions, as well as benchmarking of similar deals within the region and across the nation. •External Support | HR&A will help the City identify the need for any other consultants or third-party advisors required to perform full scope of due diligence services for the Project. •Coordination Support | HR&A can act as the point of contact with these parties, if the City wishes, and integrate their services and deliverables into the full project due diligence, financial model, term sheets, and development agreements. Service providers may include technical experts, including cost estimators, revenue and market experts, legal advisors, environmental experts, and municipal financial advisors. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 37 Workstream D: Draft Agreement and Negotiation In consultation and collaboration with the City Manager, Assistant City Manager, Councilmembers, Legal, and Project Manager, HR&A will prepare various pre-contractual and contractual documents that are typical in development projects of this nature, which may include exclusive negotiation agreements, term sheets, lease agreements, pre-development agreements, and development agreements. In these arrangements, HR&A is typically leading on the business terms while the City’s legal counsel is leading on drafting of the agreements themselves. • Negotiation Strategy | HR&A will support the City preparing negotiation strategies and will lead in discussing and presenting project parameters, key terms, concerns, and requirements from the City to the Project Manager, including issues identified during the term of the engagement such as expected project implementation timelines, financing, risk minimization, and compensation. HR&A believes that this may require frequent meetings with the Project Manager. • Solicitation Support | To the extent any additional solicitation activities are required, HR&A can support the City in drafting and issuing partner solicitation documents such as RFEI, RFQ, and RFP based on negotiation outcomes. Workstream E: Internal and External Communications HR&A can lead various communications processes as necessary to assist the Project Manager in briefing the City Manager, Assistant City Manager, Legal, and City Council in matters related to the negotiations' progress and recommendations. As the City’s chief negotiator, HR&A can present to external parties such as government bodies, members of the community, or business leaders with an interest in the Project. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 38 Timeline Based on the proposed cost of service, which will support our project team for an approximately 3- to 4-month period, we would seek to advance the negotiations to an agreement on key business terms. Within this budget and timeframe, we anticipate undertaking the following services: •Project management and coordination activities (workstream A). •Completion of a master schedule for the negotiations process (workstream B). •Initial due diligence activities (select portions of workstream C, as required for successful project negotiations). •Participation in negotiations sessions, including development and iteration of initial key business terms (portions of workstream D). •Communications with City staff and other relevant parties (workstream E). The illustrative timeline below shows how our team would support the City in the negotiations. HR&A Workstreams Month 1 Month 2 Month 3 Month 4 Workstream A: Overall Project Management and Coordination Workstream B: Project Negotiation and Implementation Roadmap Workstream C: Due Diligence Support Workstream D: Draft Agreement and Negotiation Workstream E: Internal and External Communications HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 39 TAB 4 References HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 40 Client References Brian Caper | Economic & Workforce Development Director, City of St. Petersburg, HR&A has worked in collaboration with the City of St. Petersburg on the redevelopment of the Historic Gas Plant District surrounding the Tropicana Field Site. Our work included development proposal review, economic and fiscal impact analysis, negotiation support, and transaction support. Karen Murphy | Senior Vice President, Business Strategy and Chief Financial Officer, Chicago Bears Football Club HR&A advised Chicago Bears ownership on a stadium relocation plan. HR&A conducted a market assessment, built a financial model to understand development feasibility, and worked with the master planning team to shape a vision for the site. We also conducted an economic and fiscal impact analysis of both the stadium and the district to measure new benefits to the municipality, county, and state. The client used narratives that HR&A drafted as well as the impact results as they seek local approvals and engage a range of stakeholders. Reference 01 Contact Information brian.caper@stpete.org (727) 893-7035 175 5th Street North St. Petersburg, FL 33731 Dates of Work 2021–Present Reference 02 Contact Information Karen.Murphy@Bears.nfl.net (708) 814-0011 1920 Football Drive Lake Forest, IL 60045 Dates of Work 2021–Present Reference 03 Contact Information keggleston@gotriangle.org (919) 485-7564 4600 Emperor Blvd. Suite 100 Durham, NC 27703 Dates of Work 2014–Present Katharine Eggleston| Chief Development Officer, GoTriangle HR&A provided developer solicitation support to GoTriangle for the development of the Raleigh Union Station (BUS) Facility. HR&A managed the developer procurement process from the request for qualification (RFQ) through the request for proposals (RFP). HR&A also provided support in analyzing impacts of operations and maintenance on expected ground rent revenue as well as transaction support in renegotiating O&M agreements with the developer. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 41 TAB 5 Cost of Service HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 42 Cost of Service HR&A proposes to complete the project scope of services on a time and materials basis, at the firm’s hourly rates, listed below. For the purposes of this assignment, we request an initial budget allocation of $100,000 to invoice fees and expenses against. We estimate that this budget will support our project team for an approximately 3- to 4-month period, during which we would seek to advance the negotiations to an agreement on key business terms. Within this budget and timeframe, we anticipate undertaking the following services: • Project management and coordination activities (workstream A) • Completion of a master schedule for the negotiations process (workstream B) • Initial due diligence activities (select portions of workstream C, as required for successful project negotiations) • Participation in negotiations sessions, including development and iteration of initial key business terms (portions of workstream D) • Communications with City staff and other relevant parties (workstream E) Because we have limited information on the specifics of the project and context around the negotiations, and because each negotiation is highly variable, we believe this is the appropriate structure for funding the professional services. As we advance our work, we will monitor the costs and pace of our service and notify the City’s Project Manager on estimated hours remaining, identifying whether additional resources are required to finalize negotiations and any additional services requested by the City. To the extent that less resources are required than the project budget allocation, those costs will not be incurred by the City. Expenses would be invoiced to the City at cost, included in the budget above, and are expected to include travel and data-related expenses. We will invoice the client on a monthly basis, reflecting fees and expenses incurred, with payment to be due within 30 days of receipt. Figure 2. HR&A Advisors 2023 Hourly rates for all positions Personnel 2023 Rates, Discounted for Public Sector Clients Chair / CEO $560 Senior Advisor $560 - $500 Partner $500 Principal $460 Director $380 Senior Analyst $275 Analyst $220 Research Analyst $175 Admin $105 These rates are guaranteed through December 31, 2023 and may be subject to annual increases thereafter. HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 43 Based on the services provided, the core team will be supported by a range of staff based on their skills and the project’s needs. We will work with the City’s Project Manager to understand the analytical staff involved in the project and their respective rates. Below, we provide an illustrative distribution, based on similar engagements, of personnel hours based on their anticipated involvement and scoped role. Figure 3. Hourly rates for staff by title, differentiated by type of work performed Name of Staff Designation for this Assignment Hourly Rates Sample Monthly Hours Workstreams A B C D E Cary Hirschstein Project Manager $460 10 L A A A L Ignacio Montojo Negotiations Lead $410 20 S L S L S Alex Stokes Technical Lead $410 8 - S L S - Santiago Salamanca Project Coordinator $360 25 L S S S L Analytical Staff Analytical Support $175-275 30 S S S S S Leads (L), Advise (A), Support (S) . HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 44 TAB 6 Forms HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 45 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Professional Svcs – Negotiations with MLB Team 23 RFP #31-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: ; ; 1$1$ +5 $$GYLVRUV,QF HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 46 VENDOR INFORMATION Professional Svcs – Negotiations with MLB Team 24 RFP #31-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. +5 $$GYLVRUV Inc. +XGVRQ6WUHHW 1HZ<RUN 1< MGDQJ#KUDDGYLVRUVFRP KWWSV ZZZKUDDGYLVRUVFRP &DU\+LUVFKVWHLQ FDU\#KUDDGYLVRUVFRP 6DQWLDJR6DODPDQFD VVDODPDQFD#KUDDGYLVRUVFRP HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 47 VENDOR CERTIFICATION OF PROPOSAL Professional Svcs – Negotiations with MLB Team 25 RFP #31-23 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: +5 $$GYLVRUV &DU\+LUVFKVWHLQ 3DUWQHU HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 48 HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 49 HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 50 HR&A Advisors, Inc.Clearwater MLB Negotiations Support RFP | 51 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) HR&A Advisors, Inc. ✔ 99 Hudson Street, 3rd Floor New York, NY 10013 20 8767681 01/24/22 Cary Hirschstein Partner, HR&A Advisors Inc. 212.977.2704 | cary@hraadvisors.com 99 Hudson Street, 3rd Floor, New York, NY 10013 31-23, Professional Services -Negotiations with MLB Team EVALUATION SCORING SUMMARY Demonstrated Experience for Firm and Project Methodology, Approach and Respondents 1 GrayRobinson, PA 2 HR&A Advisors Inc ICON Venue Group LLC 3 dba CAA ICON 4 Sports Venue Consulting, LLC Committee Members Delk, Michael Kader, Raymond (Art) Margolis, Davis Ravins, Jay MD 15 25 25 20 Project Personnel 30 points AK JR 20 25 18 25 25 28 20 20 Timeline 30 points AVG MD AK JR AVG 20 20 20 25 21.667 22.667 25 30 25 26.667 26 20 25 28 24.333 20 25 30 20 25 References Cost of Services TOTAL RANKING 30 points 10 points 100 MD AK JR AVG MD AK JR AVG points 15 30 26 23 .667 6 5 10 7 72.33 3 20 20 25 21.667 6 10 8 8 79.00 2 25 20 23 22 .667 7 10 8 8.3333 81.33 1 20 10 15 15 5 5 8 6 66.00 4 Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team Evaluator Name: ___ () _ __;_c_l_/L __________ _ Demonstrated Experience for Firm Project Methodology, Approach and References Cost of Services and Project Personnel Timeline (Tab 4) TOTAL RANKING (Tab 2) (Tab 3) (Tab 5) Respondents 30 points 30 points 30 points 10 points 100 points 1 GrayRobinson, PA I / d !_) / 5 6 0 ) )Jlk-- ...-, . .:i / I v 1 2 HR&A Advisors, Inc , 0 -r-r ( ) d ) d (-, ;JS 7 3 ICON Venue Group, LLC ') 77 ° dba CAA ICON 11 L 'rl rl10 l ;il ( J 0 d ~ :) (, s-l' 4 Sports Value Consulting LLC 0 ' Evaluator Signature: Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater Evaluator Name: _ _.A.......;:;..r_t __ ~-"'cd __ e_r __________ _ Demonstrated Experience for Firm Project Methodology, Approach and References Cost of Services and Project Personnel Timeline (Tab4) (Tab S) TOTAL RANKING (Tab 2) (Tab 3) Respondents 30 points 30 points 30 points 10 points 100 points 1 GrayRobinson, PA ~(9 ~o 30 s 75'° 0 3 r'~<a. ~~) Io r f\10 llli' ) j 1"1.(' a\\ t'r-ire.e 'no ~e.+o. i / -+t11-P-I ~l(X\000 2 HR&A Advisors, Inc t8 30 2.0 /0 7g 0 ;) GYI \Lf ~ VJ'1Th, ri Ci Evaluator Signature: ___ a_~t,.___,~t-._,....~~----------Date: -+-q+--/ --+-b_3 __ Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater ICON Venue Group, LLC ~~ 5 d-.0 \0 0 3 dba CAA ICON l I ~ ~l '!)i5)~0 ?,. ,,c.:; 4 Sports Value Consulting LLC ~o 3 /D 5 ~5 0 o..d t) ;,s () (5 w~ ~J ~ \Jiar~ Eva luator Signature: --+-/2.,......_0-_~~~~~-~-------Date: _Jf.i.__/ ----#--/J,_3 __ Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater Evaluator Name: Jay Ravins Demonstrated Experience for Firm Project Methodology, Approach and References Cost of Services and Project Personnel Timeline TOTAL RANKING (Tab 2) (Tab 3) (Tab 4) (Tab 5) Respondents 30 points 30 points 30 points 10 points 100 points 1 GrayRobinson, PA 25 25 26 10 86 ..2.. 2 HR&A Advisors, Inc 25 25 25 8 83 J ICON Venue Group, LLC 3 dba CAA ICON 28 28 23 8 87 I 4 Sports Value Consulting LLC 20 20 15 8 63 i ~. ~ u<-_ Evaluator Signature: --~~=,....._.,..___~--1--V ___ < ______ _ Date: ----'---'~h_&___,L_. /_2-_J> _ Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater 28 28 23 8 87 Respondents 30 points I 30 points I 30 points I 10 points I 100 points I Demonstrated Project manager, team members & resumes; exp w/ similar projects for each team member, also education & specific involvement; org of project team, level of involvement, field of expertise, and estimated hours for each member. Large list of public clients. Includes Sarasota & Sarasota County, 9 states, Clearwater, Phoenix, San Diego, Dallas. Dan Barrett, President; Art Aaron -Managing Director of New Ventures; Josh Cohen -VP; Bryan Experience for Firm 1 . Slater -Senior Director. Dan -Lead Negotiator -50%; negotiation support: Art 10%; Josh 20%; Bryan 20%. Dan 30 yrs exp, BA U of CA, LA, MBA same. Extensive experience. Art 30 yrs exp, CAA ICON 20 yrs, and ProJect Personnel Harvard Law School grad, Masters in Public Ed, BS from MIT. Josh -Scottsdale office, 20 yrs exp, CAA ICON since 2017, Barrett Sports Group prior, MBA. Bryan, CAA ICON since 2018, MBA, taught Sports Facility 2 3 4 (Tab 2) Project Methodology, Approach and Timeline (Tab 3) References (Tab 4) Cost of Services (Tab 5) Development & Mgmt @ George Washington U. Not able to estimate hours due to nature of negotiations, but percentages provided. Describe approach to scope of services; detailed timeline of tasks described in Scope of Services Due Diligence -very good; Negotiation Strategy Development -good list of key considerations, detailed comparisons of other MLB spring training deals; above-market, below-market, or market rate. Good detail on financial considerations. Alternative approaches. Minimum of 3, preferably public entities for similar services within past 5 years. Entity, date of services, description, address, contact name, number, email Clearwater (excellent reference!); Centennial Authority -Carolina Hurricanes; Sacramento -Kings; Wisconsin Center District -Fiserv Forum, Deer District -Milwaukee Bucks. Only two within five years, but great quality of references, especially Clearwater. Detailed by tasks to include hourly rates by type of work (negotiations, research). Additional costs plus markup. Cost structure on one or more hourly rates, with description of services for each rate. $595 I $550 I $450 I $400 Ravins 31-23_Evaluation Scoring Matrix CAA ICON Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater Respondents Demonstrated 1 Experience for Firm and Project Personnel (Tab 2) 2 3 4 Project Methodology, Approach and Timeline (Tab 3) References (Tab4) Cost of Services (Tab S) 25 25 26 10 86 30 points I 30 points I 30 points I 10 points I 100 points I Project manager, team members & resumes; exp w/ similar projects for each team member, also education & specific involvement; org of project team, level of involvement, field of expertise, and estimated hours for each member. Julia Mandell, Team Lead -Tampa Bay area lawyer, government law and public policy, General Counsel to Tampa Sports Authority -XFL contract, renegotiated Super Bowl LV. Regularly interfaces with Bucs, Yankees, and Lightning. Major redevelopment projects including Water Street. Michael Boutzoukas, commercial rea l estate transactions, Clearwater resident, COB; Chris Carmody, government relations lawyer and professional lobbyist, MLS soccer -Orlando, General Counsel to Greater Orlando Sports Commission; worked for Orlando Magic to lobby Orange County for Amway Center; Scott Cole, UCF & UF, negotiated minor league to college baseball stadium, exit of university from major conference, entrance into major conference, and head coaching contracts for football, basketball, & baseball. Brian Fender, bond deals for Tampa Sports Authority, underwriter for Blue Jays financing. Jeffrey Schlerf, part owner of minor league team, pursuing graduate degree in sports management. No hours or percentage of time of team members provided. No proven experience in leading negotiations with an MLB or other professional sports franchise, other than renegotiating Super Bowl LV. Possibly XFL team, minor league team move to college stadium. Describe approach to scope of services; detailed timeline of tasks described in Scope of Services Good project methodology and approach. Included reaching to to TDS and Amplify Clearwater. Utilizing technology to get message to key stakeholders. Good emphasis on communications in selling the deal. Minimum of 3, preferably public entities for similar services within past 5 years. Entity, date of services, description, address, contact name, number, email Tampa Sports Authority -General Counsel; Greater Orlando Sports Commission -General Counsel; Hillsborough County -Outside General & Real Estate Counsel. General Counsel rather than specific to negotiation terms of stadium deal, but strong references none the less. Detailed by tasks to include hourly rates by type of work (negotiations, research). Additional costs plus markup. Cost structure on one or more hourly rates, with description of services for each rate. $500 / $250 for Associate/ $200 Paralegal. Travel, document reproduction, other out of pocket including computerized resea rch and other technology services. Ravins 31-23_Evaluation Scoring Matrix Gray Robinson Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater Respondents Demonstrated 1 Experience for Firm and Project Personnel (Tab 2) 2 3 4 Project Methodology, Approach and Timeline (Tab 3) References (Tab4) Cost of Services (Tab S) 25 25 25 8 83 30 points I 30 points I 30 points I 10 points I 100 points I Project manager, team members & resumes; exp w/ similar projects for each team member, also education & specific involvement; org of project team, level of involvement, field of expertise, and estimated hours for each member. Cary Hirschstein, Project Manger -Masters in Public Planning, leader for Sport & Entertainment District practice, Imagine Clearwater, development of MLS stadium, Miami, currently advisor to St Pete in negotiations for joint venture with Hines & Tampa Bay Rays for mixed use development components, econ benefits of ballpark district, KC, advised Chicago Bears ownership on stadium relocation plan. Lots of site selection, development/redevelopment review. Negotiation on behalf of Cities? Ignacio Montojo, Masters of Science in Finance & Real Estate, negotiations lead, none of his experience involved negotiations with professional sports teams, or even sports teams. Alex Stokes, technical lead, Imagine Clearwater, development advisor & redevelopment planning; Santiago Salamanca -project coordinator, main contact -Master of Science in City & Regional Planning, on-call real estate advisor, feasibility analysis, economic & financial analyses. "Supporting the City team in the negotiations of a term sheet" but not leading the negotiations of a term sheet. Big difference. No proven experience in leading negotiations with an MLB or other professional sports franchise. Economic impact studies for owners. Describe approach to scope of services; detailed timeline of tasks described in Scope of Services Good detailed project approach with estimated timeline of 4 months. Minimum of 3, preferably public entities for similar services within past 5 years. Entity, date of services, description, address, contact name, number, email City of St Pete -Historic Gas Plan District development, negotiation support; Chicago Bears CFO, stadium relocation plan, economic & fiscal impact analysis; Go Triangle, developer solicitation support for bus terminal. Detailed by tasks to include hourly rates by type of work (negotiations, research). Additional costs plus markup. Cost structure on one or more hourly rates, with description of services for each rate. Chair/CEO $560; Senior advisor $500-$560; Partner $500; Principal $460; Director $380; Senior Analyst $275; $220/$175/$105 Ravins 31-23_Evaluation Scoring Matrix HR&A Evaluation and Ranking Summary RFP #31-23, Professional Services -Negotiations with MLB Team City of Clearwater Respondents Demonstrated Experience for Firm 1 and Project Personnel 2 3 4 (Tab 2) Project Methodology, Approach and Timeline (Tab 3) References (Tab 4) Cost of Services (Tab 5) 20 20 15 8 63 30 points I 30 points I 30 points I 10 points I 100 points I Project manager, team members & resumes; exp w/ similar projects for each team member, also education & specific involvement; org of project team, level of involvement, field of expertise, and estimated hours for each member. Michael Rapkoch, Managing Director of Texas Corporate Capital Advisors, boutique investment bank/Dallas, founder & CEO of Sports Value Consulting. Accredited appraiser. Bachelor of Arts in Finance, u of N Texas. 30 years of valuations/appraisals, arena lease for NHL team, practice facility for MLB teams, lead negotiator for naming rights transaction. Floyd Jahner, Acctg & Bus Ad min major, 19 years w/ Dallas Mavericks. Gregg Olson, business leader, finance departments, CFO for sports teams. No info on similar projects for team members. Rapkoch to be chief negotiator. Floyd & Gregg to be advisors, plus "staff of SVC". Jahner & Olson have experience negotiation for their respective teams/owners. Describe approach to scope of services; detailed timeline of tasks described in Scope of Services "SVC would approach this from a team perspective, while complimenting the needs of the City" "Benefit to the team and indifferent to the City" "Local Governments often overlook items that are no added cost to them". Within 1st two weeks of reviewing data, discuss strategies with City. Advise & represent City in negotiations. Timeline not possible. Minimum of 3, preferably public entities for similar services within past 5 years. Entity, date of services, description, address, contact name, number, email Baltimore Orioles, Washington Nationals, Houston Astros, KC Royals -all valuation advisory services. Not similar services and all working for sports owners, not public clients. Detailed by tasks to include hourly rates by type of work (negotiations, research). Additional costs plus markup. Cost structure on one or more hourly rates, with description of services for each rate. Rapkoch $595; Senior Advisor $495; Advisor $395; Staff $300. Billed for hours worked. Travel, research fees, 3rd party access fees, ad min fees. Ravins 31-23_Evaluation Scoring Matrix Sports Value Consulting Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0580 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a professional services agreement and work order with Siebein Associates, Inc., of Gainesville, Florida, per Request for Proposal (RFP) 13-23, for a qualified sound consultant, in the amount of $153,183 and authorize the appropriate officials to execute same. (consent) SUMMARY: The redevelopment of Coachman Park, and construction of a new amphitheater referred to as The Sound, is nearing completion with the grand opening scheduled for June 28, 2023. With the park being completely redesigned, and The Sound being new, and placed in a different location than previous stage locations, the City seeks to have a broad understanding of the behavior of noise. On December 2, 2022, the City released RFP #13-23 to solicit a proposal from a qualified noise consultant that could perform a noise analysis to evaluate and predict the impact of The Sound on downtown and surrounding areas. The noise analysis will identify noise contours downtown and in areas surrounding The Sound to develop standards for managing noise in a mixed-use environment. The City received four proposals that were evaluated by an RFP selection committee comprised of six representatives from the Police Department, Parks & Recreation, Public Works - Engineering, and Planning & Development. The committee selected Siebein Associates, Inc. City staff and representatives from Siebein Associates, Inc. have agreed to a scope of services that is divided into six phases and estimated to be completed over the course of six months. Among the included services are identifying stakeholder concerns, conducting baseline ambient sonic conditions, sound mapping under concert conditions, recommending site specific sound policy, sound mitigation strategies, and enforcement strategies. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish special program P2301, The Sound Acoustic Study, and provide a transfer of $168,500 from General Fund reserves to provide funding for this agreement and additional project contingency. USE OF RESERVE FUNDS: Funding for this program will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $168,500 to special program P2301, The Sound Acoustic Study. Inclusive of this item, if approved, a net total of $1,399,990 of General Fund reserves has been appropriated by Council to fund expenditures in the 2022/23 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $41.5 million, or 22.6% of the current General Fund operating budget. Page 1 City of Clearwater Printed on 5/16/2023 Members of the American Institute of Architects, Acoustical Society of America, Institute of Noise Control Engineers, National Council of Acoustical Consultants, American Society for Testing and Materials, and the American Society of Heating, Refrigerating and Air-Conditioning Engineers. S I E B E I N ACOUSTIC ARCHITECTURAL | ENVIRONMENTAL Siebein Associates, Inc. Consultants in Architectural and Environmental Acoustics 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone - (352) 331-5111 Facsimile: (352) 331-0009 April 4, 2023 REVISED City of Clearwater Attn: Procurement Division Lori Vogel, CPPB Procurement Manager 100 S Myrtle Ave 3rd Fl Clearwater, FL 33756-5520 RE: RFP # 13-23, Noise Analysis Consultant Due Date for Revised Proposal: April 4, 2023 Table of Contents TAB 1 – Letter of Transmittal ............................................................................................................... 2 TAB 2 – Demonstrated Experience of the Firm and Project Personnel ................................................ 4 Project Managers, Team Members and Resumes................................................................... 4 Firm Introduction ................................................................................................................... 4 TAB 3 – Project Methodology, Approach and Timeline ..................................................................... 23 TAB 4 – References ............................................................................................................................. 29 TAB 5 – Cost of Service ...................................................................................................................... 35 TAB 6 – Forms .................................................................................................................................... 37 Appendix A – Resumes for Project Managers and Team Members .................................................. A-1 Appendix B – Additional Information ............................................................................................... B-1 Relevant Publications ......................................................................................................... B-1 Architectural Licenses and Certifications for Project Managers and Team Members ....... B-8 Siebein Acoustic Soundscape Assessment and Design Portfolio..................................... B-12 City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 2 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 1 – Letter of Transmittal A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the city regarding this project. Dear Lori, Siebein Acoustic and Professor Martin Gold and the University of Florida School of Architecture; have formed the Soundscape Team to help the City of Clearwater address the noise-related issues related to the Imagine Clearwater amphitheater and other entertainment areas. We like to think of this as the Clearwater Soundscape Study so that the positive potentials for enriching urban life and development can be identified and planned for rather than thinking about possible negative connotations of noise as something to be taken away. One of the hallmarks of soundscape theory is the thought that the sounds in urban areas are the results of the activities of people as they live, work, play and otherwise engage the City in their daily lives. Therefore, these sounds are necessary to the functioning of the City and its citizens. The creative soundscape design process envisioned by our team involves working with the citizens and the City to reimagine the urban fabric and create environments where these activities can prosper and contribute in a positive sense to the life of each of the citizens, both now and in the future. The Soundscape Team is uniquely qualified to address the combination of sonic, architectural, planning and urban design-based solutions likely required to sustainably and comprehensively address the complex soundscape of a vital and growing city in the 21st century. We will utilize state- of-the-art methods in acoustical measurement and analysis, visualization, architecture and planning to creatively address current and future soundscape issues in representative districts, zones and/or neighborhoods in the City of Clearwater. We will employ a comprehensive palette of strategies to preserve and enhance desirable sounds; reduce, buffer and mitigate unwanted sounds; and carefully insert new activities and new sounds into the Clearwater soundscape. We will use these strategies to work very closely with City staff and neighborhood groups to address the areas of acoustic concern in each of the areas studied to collaboratively engage all the stakeholders in the process. We are hoping that these methods can bring consensus among stakeholders, bring direction to each of the planning efforts to enhance the existing environments and that new construction can bring positive improvements and excitement to the already lively and invigorating urbane place to live, work, play, vacation, shop, dine, relax and visit that is Clearwater. The Soundscape Team will complete the work in the proposed time frame of 6 to 12 months. The key persons and main contact person for the City with the Soundscape Team are listed below. Officer: Rita A. Siebein, President City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 3 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Principals: Gary W. Siebein, Senior Principal Consultant Keely Siebein, Associate Principal Consultant Supervisory Staff: Gary W. Siebein, Senior Principal Consultant Keely Siebein, Associate Principal Consultant Key Individuals: • Gary W. Siebein, Senior Principal Consultant, Siebein Associates, Inc. (Gainesville FL) • Keely Siebein, Associate Principal Consultant, Siebein Associates, Inc. (Gainesville FL) • Gary Siebein, Jr., Senior Consultant, Siebein Associates, Inc. (Gainesville FL) • Marylin Roa, Senior Consultant, Siebein Associates, Inc. (Weston, FL) • Jennifer Miller, Senior Consultant, Siebein Associates, Inc. (Gainesville FL) • Matthew Vetterick, Senior Consultant, Siebein Associates, Inc. (Gainesville FL) • Martin Gold, Associate Professor, University of Florida, School of Architecture (Gainesville, FL) Person Authorized to Negotiate for the Team: Gary W. Siebein, Senior Principal Consultant Our proposal represents a firm binding offer for 90 days. Business Structure: S Corporation Siebein Associates, Inc. is registered as a legal entity in the State of Florida and as a Woman Owned Business. Company address: 625 NW 60th St., Ste. C Gainesville, FL 32607 Phone number: 352-331-5111 Fax number: 352-331-0009 E-Mail address: GSiebein@SiebeinAcoustic.com Website: www.siebeinacoustic.com Contact person: Gary W. Siebein, FAIA, FASA We affirm a positive commitment to perform the service within the time period specified Sincerely, SIEBEIN ASSOCIATES, INC. Gary W. Siebein, FAIA, FASA Senior Principal Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 4 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 2 – Demonstrated Experience of the Firm and Project Personnel a. Identify the project managers(s) and each individual who will work as part of the engagement. Include resumes for each person to be assigned. b. Describe the experience in conducting similar projects for each of the individuals assigned to the engagement, including their education. c. Describe the organization of the project team, detailing the level of involvement, field of expertise and estimated hours for each member of the team. Project Managers, Team Members and Resumes Project Managers Gary W. Siebein, Senior Principal Consultant, Siebein Associates, Inc. (Gainesville FL) Martin Gold, Associate Professor, University of Florida, School of Architecture (Gainesville, FL) Keely Siebein, Associate Principal Consultant, Siebein Associates, Inc. (Gainesville FL) Team Members Gary Siebein, Jr., Senior Consultant, Siebein Associates, Inc. (Gainesville FL) Marylin Roa, Senior Consultant, Siebein Associates, Inc. (Weston, FL) Jennifer Miller, Senior Consultant, Siebein Associates, Inc. (Gainesville FL) Matthew Vetterick, Senior Consultant, Siebein Associates, Inc. (Gainesville FL) Please see Appendix A for Resumes Firm Introduction Siebein Acoustic is a leading acoustical consulting firm established in 1981 headquartered in Gainesville, Florida. We have a broad range of diverse experience in acoustical design and research that enables us to provide state-of-the-art consulting services. We pioneered the development of soundscape design methods to assess, measure, model, simulate and predict the acoustical qualities of complex urban environments. We have formed a team (Soundscape Team) specifically for this project with Professor Martin Gold from the School of Architecture at the University of Florida his students. The Soundscape Team will be able to address the unique goals, challenges and complexity associated with the sonic issues the City of Clearwater is trying to address. Our combined expertise of a highly skilled and experienced acoustical consulting firm with a strong academic team of award- winning architects researcher/educators brings a broad range of the necessary experience toward integrating acoustical, architectural and urban design strategies in complex, mixed-use, sustainable urban environments. The Soundscape Team has demonstrated an ability to work closely with stakeholders and to provide viable strategies for community-based projects at multiple scales nationally, within Florida, and within the Clearwater Area. Collectively, this work has shaped public policy, helped craft City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 5 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C standards in acoustics, prioritized millions of dollars in municipal spending, and has been implemented within municipal codes. Siebein Acoustic specializes in the design of spaces for natural acoustic and amplified performances in many different venues. We have pioneered the use of advanced acoustical measuring systems to evaluate acoustical challenges in indoor and outdoor spaces as well as computer modeling methods to assess prospective design solutions. We employ advanced technical systems to assess the sonic environment in urban and suburban landscapes and are well prepared to collaborate with UF to provide the services outlined in the City of Clearwater’s RFP. Siebein Acoustic has completed work on over 2,400 challenging projects worldwide and are considered one of the premier acoustical consulting firms in the world. We have received awards for research and acoustical design from the American Institute of Architects, the Association of Collegiate Schools of Architecture, the National Council of Acoustical Consultants, and Progressive Architecture. Siebein Acoustic is a growing firm with trained professionals who have significant educational and project experience in acoustics, soundscape design, environmental noise and architectural acoustic design. This expert team is well-equipped in-house to perform the field measurements necessary for this project. All equipment utilized will be in conformance with ANSI, ASTM, ISO and other standards for most acoustic situations. Our staff is well versed in using the latest industry standard computer software to model the sonic environment at urban, building, and individual room scales. The Soundscape Team will achieve high quality sonic environments in Clearwater using advanced technology, critical listening by experienced staff, and collaboration with municipal representatives, civic leaders, and stakeholders. We achieve this by utilizing a combination of advanced research, extensive project experience, innovative acoustical design techniques, and a team-oriented approach to work in a fully integrated manner with clients, architects, user groups, and other key design team members to establish unique acoustical identities and develop appropriate acoustic management strategies. We have highly sophisticated state-of-the-art equipment including: • 12 computers dedicated to acoustic software including: o CadnaA for studying exterior sound propagation in large urban areas o CadnaB for calculating sound propagation from the exterior to the interior and from the interior to the exterior of buildings o CadnaR, Odeon, EASE and CATT Acoustic for calculating sounds propagating from loudspeakers and for sounds reflecting off surfaces inside and outside buildings; and o EASE for enhanced acoustic simulation • 14 - Type 1 sound level meters with state-of-the-art software capable of recording acoustical data and .wav file recording and data analysis. The meters can be handheld, mounted on tripods or encased and secured to outdoor surfaces for long term sound level measurements. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 6 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • 5 software systems to measure reflected and reverberant sound levels in exterior spaces and inside buildings. The systems will also measure sound reduction through floors, ceilings and walls. • 2 - 8-channel high speed digital data acquisition systems and measurement microphones to record high level and normal ranges of sounds at very high sampling rates so that data are acquired and analyzed with fine degrees of detail when needed. • 1 binaural mannequin for measuring and recording sounds on a simulated torso of a human being to measure sounds the way people hear them. The Soundscape Team also has the equipment and skills to present computer-based sound event simulations or auralizations in a scientifically calibrated playback to stakeholders either on site or in another location in Clearwater where people can listen to simulated sounds from a new activity or a mitigation option while they live in their homes, walk their dogs, eat in a café or participate in any other of their daily activities. In this way they can provide feedback and evaluate the advantages and disadvantages of alternative design proposals for a specific locale and feel a part of the planning, design and construction process. This type of simulated sonic experience can also be played to a larger group of people in an auditorium, for example, to involve citizens in the planning and regulatory process before concrete decisions are actually made. It also presents very detailed scientific analysis such as decibel readings, computer analysis, charts and graphs in a qualitative, experiential way that normal citizens can appreciate and understand. This work can be done as an Additional Service if desired. Professor Martin Gold has worked with Siebein Acoustic on community design projects that seek to integrate emergent high density mixed-use development and civic spaces within the ecology of local environments. This work evaluates natural resources, climate, urban form, demographics, building types, and the sonic environment toward developing quality sustainable living environments. Examples of this work include the SW 20th Avenue Urban Village project for the Alachua County Metropolitan Transportation Planning Organization who has adopted and is still implemented these ideas 15 years later. Our partnership also includes work for Plum Creek (now Weyerhaeuser) to propose ecological development strategies for a new community of 20,000 people east of Gainesville, Florida. This development concept nested together high-density housing, mixed-use commercial, institutional, and active agriculture activities. This mode of research/evaluation/ response that considers complex ecologies – urban, sonic, cultural, and natural – has produced strategies to optimize the value of high-density living while mitigating many of difficulties of proximity such as noise. The complexities of urban environments such as Clearwater, will require a diverse team with expertise in acoustics, urban design, urban infrastructure, community engagement, and architecture. Our professional/academic Soundscape Team will be able to leverage student participation toward a broad research effort while also being able to focus those findings in a manner that is useful to community leaders and planning staff who are responsible for improving their urban environments. Professor Gold has over twenty-five years of experience in architectural design, teaching, and research with a focus on the interrelationships among architecture, ecology, culture, and resource stewardship at urban and residential scales. He is a member of the Doctoral Research Faculty, supervises doctoral and master degree seeking students, and leads design studios and lecture courses at the University of Florida. His work and publications explore design and sustainable living in coastal communities underpinned by the critical need for integrating resiliency, mobility, and aesthetics that drive emergent urban forms. Gold served as the Director of the UF, School of Architecture from 2008 to 2014. He City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 7 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C founded the CityLab satellite programs in Orlando and Sarasota, Florida to bring UF students into closer contact with the both the profession and the communities they will serve. He currently leads funded research-based design projects and is a founding member of the Florida Resilient Community Initiative (FRCI) at the UF College of Design Construction and Planning and serves as the President of the national consortium of academic programs Architecture + Construction Alliance (A+CA). He practices architecture as the principal of a small award-winning architecture firm; is a registered architect in Florida; holds an NCARB certification; and is a Fellow of the American Institute of Architects. Soundscape Planning and Design Siebein Acoustic has successfully completed hundreds of environmental noise assessments involving a variety of urban soundscape, amplified entertainment, traffic, aircraft and noise ordinance issues. Our company motto reflects our background, skills and direction for the future as it applies to sound studies: “Intelligently designing architectural, urbane and natural soundscapes for creative and healthy living.” This succinctly addresses the contribution that our firm can bring to your project. Our projects include a combination of environments, cityscapes and facilities that are operating at the time of the study as well as those that are being designed. Successful completion of a sound study requires sophisticated experience with both of these project types to accurately characterize the existing situation and then to creatively optimize the quality of sounds for retail/entertainment/ commercial venues while maintaining the quality of the soundscape in near-by residential areas. Important components of these projects include: • Measuring ambient or baseline sound levels in rural, suburban and urban areas that have multiple constituent sounds; • Rigorously defining each of the specific acoustic events in long term measurements that comprise the ambient sound in specific locales so the contribution of each to the total ambient is identified; and, • Accurately measuring the time, frequency and operational variables associated with multiple permanent, transient and temporary sound sources. The Siebein Acoustic/Gold UF team (Soundscape Team) engages in intelligent processes for each work task that helps to build consensus among multiple stakeholders and can clearly present the rationale for each step in the process. We believe that value engineering and optimizing noise mitigation designs for maximum sound reductions can be achieved within limited project budgets. We construct sophisticated computer models in state-of-the-art software that are accurately calibrated to real world situations and have high degrees of explanatory power toward building confidence among the multiple parties that will be involved in this City of Clearwater project. We execute work that pushes the state-of-the-art in accordance with national and international standards so our recommendations are both legally defensible and creative in the solutions provided. We actively seek a balance among regulatory agencies and laws, community interests, sustainable economic growth and value to all parties involved. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 8 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Presenting Complex Information to Multiple Constituencies Senior Principal Gary W. Siebein is a professor emeritus in the School of Architecture at the University of Florida where he directed a graduate program in building and environmental acoustics for 35 years. In this capacity he has lectured at universities, colleges, standards committees, professional societies, community groups, governmental agencies, and other groups and has served on national and international committees involved with acoustical research and standards. Siebein was a consultant to the European Union’s Collaboration on Science and Technology (COST) program on the Soundscape of Cities and Towns. His work in this role was published widely and is the subject of a current book chapter in the forthcoming SHAR Handbook of Soundscapes. He was awarded the Wallace Clement Sabine Medal by the Acoustical Society of America in recognition of this work. He was only the 17th person to receive this award in the history of the society indicating its significance in the architectural and environmental acoustics community. He has also presented continuing education workshops to planners in Seattle, Portland and Baltimore on ways to incorporate soundscape design in planning and zoning for future growth and urban livability through an outreach program sponsored by ASA. Successfully completed projects with cities, towns, public and private clients to address issues similar to those that will be addressed in the Clearwater project. The Martin Gold/UF/Siebein Acoustic team has addressed similar issues together in the Urban Village: Transportation and Planning Strategies for SW 20th Avenue project in Gainesville that linked urban design, planning, noise modeling and mapping and future growth strategies for a developing community in a very positive manner. This experience of distilling essential information in a way that is understandable by non-technical citizens and governmental agencies is a hallmark of our practice. We have presented the process and results of noise studies to City and County regulatory agencies, planning commissions, Boards of Commissioners and other governmental agencies. We have also conducted acoustical training and certification classes for professional continuing education, private industries and public agencies so that their staff can effectively monitor sounds when needed. The extensive use of auralizations (sound event simulations) or calibrated listening experiments allow stakeholders to actually hear the acoustical aspects of potential mitigation options. Our visualizations of sound paths as rays or waves allow stakeholders to see the paths that sound travels and why this may be causing issues. These auralization and visualization techniques help citizens, governmental agencies and stakeholders understand the causes of situations so they can appreciate the need for and the effectiveness of proposed solutions. This work has included full scale simulations of amplified entertainment sounds and sounds from chiller plants and other large equipment presented to the community through large loudspeaker arrays located on the existing or proposed project site. The sound is scientifically modeled, measured, and propagated through a potentially affected neighborhood so people can listen and hear for themselves what proposed new activities will sound like inside their homes and yards, on the street while they walk their dogs, and at other locations close to home. The acoustical affects of proposed projects and interventions can be qualitatively assessed by those people living in their everyday environment before a project is built. This process has helped to build consensus about the qualities of alternate approaches City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 9 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C to a project among City staff, residents, project proponents and other stakeholders in sonically critical situations. Siebein Acoustic has also acted as an expert witness for many projects involving acoustical issues for amplified entertainment venues, large amphitheaters, entertainment districts in cities and towns, traffic noise impacts and soundscape quality in residential neighborhoods are among the project types we have worked on. We specialize in taking acoustical measurements that accurately characterize the sounds as they are experienced by people, conducting acoustical analysis of the data that allows us to identify the paths responsible for the sounds that are being heard and designing effective mitigation systems using the full range of available technologies including infrastructure interventions, administrative controls and sound system controls to achieve a balance between the acoustical quality at the venues and the soundscape in adjacent areas. We are prepared to conduct field measurements; review existing facilities to identify sound sources; review current ordinances and evaluate their effectives; develop models to predict future impacts of sound transmission; provide a plan to assist in the mitigation of existing and future noise impact to find practical and economical solutions to a number of challenging acoustical situations; and to present the results to citizen groups, project stakeholders, planning and zoning boards, commissions and other groups. We take pride in our ability to translate technical acoustical principles into language that clients, city legal staff, enforcement personnel and citizens can understand. Gary W. Siebein, Senior Principal Consultant and Keely M. Siebein, Principal Consultant are qualified as experts in multiple districts and have presented expert witness testimony in court, at quasi-judicial hearings for city and county commissioners, and for a number of planning and zoning boards. They have developed the ability to distill complex acoustical concepts into language that is easily understood by lay persons through years of experience teaching students and lecturing to technical and non-technical audiences. Regulatory, Contractual and Jurisdictional Matters The Soundscape Team has worked with many states, counties and municipalities to proactively address planning and design principles to optimize acoustical qualities of vital mixed-use urban environments while simultaneously balancing the acoustic impacts of noise upon residents. Noise from entertainment venues, large crowds, traffic, various modes of transportation, mechanical equipment, industrial facilities, etc., must be effectively managed within the complex soundscape of an urban community. We work with government agencies and private and public sector clients to: • Prepare acoustical assessment reports for existing and proposed projects; • Review development proposals; • Develop acoustical master plans for the soundscape of livable, urban communities; • Determine compliance with ordinances or specific acoustical requirements established by local jurisdictions; • Perform measurements and analyses to quantify acoustical levels and/or locate noise source(s); • Predict future noise levels using sophisticated modeling techniques; City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 10 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Design and/or recommend appropriate mitigation measures to reduce noise to acceptable levels; • Draft, review, modify and/or update noise ordinances to achieve a working balance between urban vitality, areas of repose and residential serenity. We achieve reasonable balances between the various complex interactions of multiple stakeholder groups and can effectively present realistic aural sound event simulations to groups in public forums so individuals may aurally sample acoustical “sketches” of various design options. This allows effective communication of the acoustical consequences of planning decisions and associated costs. Noise Ordinance Review and/or Development We have worked with many communities to develop and/or revise noise ordinances that are suited to the unique acoustical situations of each locality. We strive to achieve a practical balance between the desires of residents for high quality urban and suburban life styles in rapidly growing and redeveloping communities with the needs of businesses and industries to grow and prosper. We bring advanced measuring techniques to assess the qualities of the soundscape, or acoustical landscape, of each community to the project. These techniques have been developed through Professor Siebein’s research at the University of Florida. This is an interactive process involving city planners, business owners and residents designing for positive sonic qualities in communities to enhance the quality of urban life while reducing, buffering and mitigating undesirable sounds before they arise. Municipalities including Dunedin, Sarasota, Bradenton, Tampa, and Daytona Beach in Florida and Hilton Head Island, South Carolina have engaged our firm to develop sophisticated ordinances that are necessary to build a sense of community between the residents and commercial enterprises that comprise the fabric of the new American urban center. One of the principles for legal requirements for defensible noise ordinances is that the ordinance is tailored to the distinct acoustic environments of the specific community. Therefore, we measure and monitor ambient sound levels within the environment so that a detailed profile of the sonic variance within communities can be developed. Firm Innovation The Soundscape Team has developed innovative urban and soundscape design, analysis and mitigation approaches to create healthful sonic environments. This work has been widely published by Senior Principal Gary Siebein and Professor Gold and has helped define the field of applied soundscape and urban design. His latest publication is a book chapter in a soundscape design handbook forthcoming from Springer. This process can limit the impact of potential noise sources and optimize the points-of-view of all stakeholders with highly creative, technically sophisticated acoustical solutions. We use an interactive process to explore design solutions through a multi-disciplinary effort that includes the Client, county planners, government officials, developers, design team members, and citizens. The soundscape design and planning process involves: • Soundwalks to identify acoustic zones and issues; • Focus group discussions and evaluation to identify issues and concerns; • Long term monitoring of sound levels at critical locations; City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 11 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Short term measurements and calibrated recordings of specific acoustic events that comprise the ambient with adequate resolution to distill the source and meaning of the many sounds that comprise the ambient; • Mapping of existing and proposed situations; • Modeling of proposed interventions; • Auralizations or sound event simulations of potential solutions for review by focus groups. We have developed a method to analyze potential noise impacts from new developments and large scale projects to allow detailed enough assessment of the sounds at individual locations in a community to design for true “net zero” noise impacts when this is necessary to achieve. In other words, facilities and activities that produce sounds that travel off-site can be designed so that they can achieve sound levels that are within the range of existing background sound levels even under adverse weather conditions. This important analysis technique has been refined through our design work for a number of private and municipal clients facing severe acoustical challenges. If the situation allows, a weighted sound pressure multiplied by the number of impacted properties can provide a reliable quantitative metric to assess the number and magnitude of impacted properties for a base condition and to guide mitigation options. This approach has been successfully used to evaluate potential impacts and the viability of alternative mitigation options from shooting ranges among other project types and can be easily transferred to amplified entertainment venues. Our Process Our typical process for soundscape assessment and design includes, but is not limited to: • Project Kick-off, Work Plan and Initial Research o Initial Meeting o Public outreach meetings with City staff, business owners, residents, citizens’ groups and other stakeholders o Work plan preparations o Data review from previous studies and events o Literature Review o Local media reviews o Review meetings with Stakeholders • Comprehensive Sound Study o Gather GIS, topographic and other data available for noise mapping o Identify areas of concern through stakeholder participation, sound walks and documentation o Pilot study of two areas of concern o Studies of 6 specific prioritized areas of concern, the results of which can ideally be translated to the broader community • Soundwalks • Sound Level Measurements • Sound mapping of selected areas of the 2 districts • Analysis of Measurement Data • Reports and Presentations of Initial Findings City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 12 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Recommendations o Current sound impacts o Future areas of concern based on computer models of existing and future soundscape components o Proposals to fine tune noise ordinance provisions o Proposals for sound monitoring systems o Planning, Architectural, Engineering and Design options for sonic and mitigation interventions to address current and future noise related issues o Computer model studies of current and future soundscapes, modeling of possible design interventions and data analysis o Municipal code revisions or additions • Final Reporting Partial Project Listing of Relevant Experience: Project Name Client Size Construction Cost On Time/On Budget Aaron Bessant Park Amphitheater, Panama City Beach, FL DAG Architects 2,400 $2.5M Yes Aurora Mixed-Use Development, Tampa, FL The Richman Group of Florida Unknown $56M Yes Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL Sasaki 168 acres $110M Yes Capitol View Mixed-Use Development, Nashville, TN Cooper Cary 232,300 $750M Yes Center Place Mixed-Use Development, Fort Myers, FL Private Equity Group, LLC 886 acres Unknown Yes City of Greenville South Carolina Urban Soundscape and Noise Ordinance Study City of Greenville Approx. 20 city blocks Unknown Yes Clay County Animal Shelter, Clay County, FL MLM-Martin Architects 32,000 $11.7M Yes Dunedin Noise Ordinance, Dunedin, FL City of Dunedin Est. 30 city blocks N/A Yes Grassy Waters Preserve Traffic Noise Study Environmental Acoustic Assessment, West Palm Beach, FL Tew Cardenas, LLP 23 sq miles Unknown Yes Imagine Clearwater Coachman Park Amphitheater, Clearwater, FL Stantec 24 acres $64M Yes Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Lake Nona, FL Arquitectonica Unknown N/A Yes Manatee County Noise Ordinance Manatee County Multiple Unknown Yes Marie Selby Botanical Gardens, Sarasota, FL Kimley-Horn and Associates, Inc. Marie Selby Botanical Gardens 15 acres $92M Yes City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 13 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Michigan Department of Natural Resources Statewide Outdoor Shooting Ranges Michigan Department of Natural Resources Statewide Unknown Yes Moffitt Cancer Center Magnolia Campus Central Utility Plant, Tampa, FL H. Lee Moffitt Cancer Center 26,000 $10M Yes One Ashley Mixed-Use Development, Tampa, FL Arquitectonica + Adache Group Architects Unknown Unknown Yes One West Palm Mixed-Use Development, West Palm Beach, FL Arquitectonica 1.5M ft2 total; 150,000 office space $1.6B Yes Plaza at Coral Gables Mixed-Use Development, Coral Gables, FL CRTKL 4.5M ft2 total; 650,000 office space $400M Yes Ringling College of Art + Design Chiller Plant and Full Scale Simulation Hall Architects Approximately ¼ mile x ¼ mile area Unknown Yes Sarasota Memorial Hospital Chiller Plant Full Scale Simulation Sarasota Memorial Hospital Approximately ½ mile x ½ mile area $63M Yes Soundscape Analysis and Acoustical Design Strategies for an Urban Community Development, Gainesville, FL University of Florida 160 acres Unknown Yes Tampa Airport SkyCenter One Office Building, Tampa, FL HOK 270,000 $122M Yes Tampa General Hospital NICU Soundscape, Tampa, FL Harvard Jolly Architecture 53,000 $35M Yes The Villages Florida Turnpike Planning, The Villages, FL The Villages 10,000 acres Unknown Yes UF Health Shands Cancer Hospital CUP, Gainesville, FL Flad and Associates, Inc. 520,000 $415M Yes UF Malachowsky Hall for Data Science and Information Technology Building, Gainesville, FL Bohlin Cywinski Jackson 263,000 $150M Yes Ybor City Noise Ordinance RBK Architecture and Ybor City Development Corporation Est. 14 city blocks N/A Yes Firm’s initiatives towards its own sustainable business practices that demonstrate a commitment to conservation: One of the primary tenets of sustainable design is to design environments to enable the highest use of resources and to establish meaningful relationships among users of the building and the environments in which they dwell. Communication builds strong communities and enables the active participation of many diverse constituents in civic discourse. Sustainable acoustical design principles allow this discourse to occur through multiple media; i.e.: face to face verbal communication, broadcast, recorded, video display, and/or propagated over AV systems in the building. By optimizing these communication channels, we seek to tune the space to the needs of the user groups and enhance the acoustic environment. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 14 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Sustainable acoustical design enables high quality communication to occur in theaters, amphitheaters, city halls, offices, auditoriums, libraries, boardrooms, and any other space where communication occurs. Through careful design of the shape, materiality and textures of the surfaces, we seek to enhance the human experience of gathering for civic purposes and establishing a sense of community. Each room type has specific functions it must serve and each community has their own ways in which they would like to inhabit the space. By defining the acoustic program of each space and developing custom interventions based on the room type and users’ functionality preferences, we create more sustainable, healthful, and optimized environments. LEED criteria for indoor environmental quality recognize the importance of this goal by establishing performance criteria for reverberation and background noise in civic buildings, schools and healthcare occupancies. These same design elements contribute to the long-term efficiency of high performance collaborative work and gathering spaces. Using LEED criteria and/or other sustainable design criteria as a foundation and building from that the acoustic priorities of each building, we can effectively use the building assembly systems and room finishes to provide the type of desired acoustic environment. Through our 41 years of experience in acoustic research and design, we apply our understanding of the building’s acoustic optimization and tailor each space to provide the most robust acoustic performance within the programmatic and budgetary requirements of the project. Siebein Acoustic Organizational Chart for this Project: Staff Roles and Responsibilities Name Role Responsibility Gary W. Siebein, FASA, FAIA Principal-in-Charge Director of Acoustical Design and Analysis, Overall Project Direction, Quality Control Review of Work, Client Relations, Experimental Design, Field Measurements Rita Siebein President Gary W. Siebein Senior Principal Consultant / Principal in Charge Keely M. Siebein Principal Consultant Martin Gold Associate Professor University of Florida School of Architecture Marylin Roa Senior Consultant Weston, FL (full time) Matthew Vetterick Senior Consultant Jennifer Miller Senior Consultant Gary Siebein, Jr. Senior Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 15 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Martin Gold, FAIA, NCARB Soundscape Team Lead Identify noise contours, analyze noise and sound in a range of urban areas, conduct sound walks, and will propose strategies toward adopting standards for measuring sound and qualifying sound. Lead the UF student teams in the development of strategies for mitigating sound transmission (urban and building to building) will be developed in addition to detecting and enforcing violations of reasonable maximum permissible sound limits. Keely Siebein, ASA, INCE, LEED AP BD+C Associate Principal Consultant Project Manager, Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings, Qualification and Proposal Preparation, Soundscape Measurements and Calibration Studies, Data Review, Manage Data Analysis and Report Production Gary Siebein, Jr., CTS, AVT, DSCE Senior Consultant AV Systems Design, Soundscape and Environmental Noise Measurement, Project Data Analysis and Field Measurements Marylin Roa, AIA, ASA, INCE Senior Consultant Weston, FL Project Manager, Lead Acoustical Designer, 3D Acoustic Computer Modeling, Field Measurements and Calibration Studies, Interior Room Acoustic and Finish System Design, Project Data Analysis and Technical Assistance with Report Preparation Jennifer Russell, Assoc. AIA, ASA Senior Consultant Soundscape Analysis and Acoustical Measurement, Project Data Analysis and Field Measurements, HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems Matthew Vetterick, AIA, NCARB Senior Consultant Computer Modeling, Field Measurements, Project Data Analysis and Technical Assistance with Report Preparation HVAC System Noise and Vibration Control Design, Sound Isolation System Design, Architectural Acoustic Design Rita A. Siebein President Firm Management, Marketing and Financial Operations Rebecca Sutphin Office Manager/Marketing Assistant Project setup, timekeeping, invoicing; marketing assistance City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 16 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Consultant Relevant Experience (partial lists): Gary W. Siebein, FAIA, FASA, NCARB: • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN City of Chesapeake Noise Ordinance Study, Chesapeake, VA • City of Fort Lauderdale Soundscape and Noise Ordinance Study, Fort Lauderdale, FL • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC • Daytona Beach Bike Week Noise Impact Analysis, Daytona Beach, FL Daytona Beach Noise Amendment Review, Daytona Beach, FL Dunedin Entertainment Noise Study, Dunedin, FL • GL Homes Greystone HUD Noise Assessment, Palm Beach, FL • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL • Harry P. Leu Gardens Sound and Soundscape Study, Acoustical Design, Orlando, FL • Imagine Clearwater Coachman Park Sound and Soundscape Study, Clearwater, FL • Island Lake Recreational Shooting Range Noise Impact Analysis, Brighton, MI • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL Luxury Shopping Mall Construction Noise Monitoring, Noise Measurement Training, South Florida Marie Selby Botanical Gardens Sound and Soundscape Study, Noise Ordinance Review, Sarasota, FL • MI Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan Mount Dora Noise Ordinance Revision, FL • Murphy Oaks HUD Traffic Noise Study, Venice, FL • Perry Harvey Park Soundscape Analysis, Acoustical Design, Sound System Design, Tampa, FL Sarasota Deep Bass Thumping Noise Impact Study, Sarasota, FL • Sarasota Memorial Hospital Chiller Plant Full Scale Simulation, Sarasota, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL Traceland HUD Rail and Road Traffic Site Noise Study, Green Cove Springs, FL • Ybor City Noise Ordinance, Ybor City, FL Martin Gold, FAIA: • Manatee Children’s Services Sustainable Planning and Conceptual Design, Manatee County, FL Hawthorne Village Sustainable Eco-Village, Little Orange Lake, FL • Longboat Key Sustainable Urbanism, Longboat Key, FL Plum Creek Development, Alachua County, FL Seaglass Ecological Community, Sanibel, FL • Workscape: Creative Culture Office Parks, Gainesville, FL Chipley Urban Design and Housing Strategies, Chipley, FL Waldo Road Center, Gainesville, FL/Alachua County/ UF • Archer Braid: Sustainable Cycle Commuter Corridor, Gainesville, FL/Alachua County Urban Village SW 20th Avenue Design Visioning, Gainesville, FL/Alachua County Bicycle Pedestrian Master Plan, Gainesville, FL/Alachua County Keely Siebein, ASA, INCE, LEED AP BD+C: • Chesapeake Noise Ordinance Acoustical Review of Proposed Changes, Chesapeake, VA Clay County Animal Shelter, Middleburg, FL • City of Fort Lauderdale Soundscape and Noise Ordinance Study, Fort Lauderdale, FL City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 17 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC • District Flats HUD Traffic and Site Noise Study, West Palm Beach, FL East Avenue Towne Lake Site Noise Study, Austin, TX • Gateway Community Services HUD Traffic and Rail Noise Study, Jacksonville, FL GL Homes Valencia Assemblage Traffic Noise Study, Boynton Beach, FL • Grand Floridian Pool Noise Simulation, Orlando, FL • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL Island Lake Recreational Shooting Range Noise Impact Analysis, Brighton, MI • Imagine Clearwater Coachman Park Sound and Soundscape Study, Clearwater, FL • Island Lake Recreational Shooting Range Noise Impact Analysis, Brighton, MI • KB Home Cordova Palms HUD Site Noise Study, St. Augustine, FL • KB Home Livingston Groves Traffic Noise HUD, Hillsborough County, FL • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL Lakewood Ranch Senior Apartments HUD and Computer Models, Manatee County, FL • Lincoln Eatery Site Noise Study, Miami Beach, FL • Lost Groves Mines Environmental Acoustic Assessment, Estero, FL • Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Marie Selby Sound Monitoring and Noise Measurement Training Course, Sarasota, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • ModWash Car Wash Noise Study, Estero, FL • Pasco County Proposed Gun Range Noise Impact Study, Pasco County, FL Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL • Ritz Carlton Key Biscayne Noise Ordinance Review, Key Biscayne, FL • River Club Proposed Expansion HUD Traffic Noise Assessment, Bradenton, FL Sarasota Memorial Hospital Chiller Plant Full Scale Simulation, Sarasota, FL Solar Energy Plant Site Noise Study, Archer, FL • St. Joseph's Hospital NICU, Riverview, FL • Starkey Ranch Micro-Hospital HUD Traffic Noise Study, Starkey Ranch, FL Suncoast Humane Society Animal Shelter, Englewood, FL • Tallahassee Memorial Hospital NICU Study, Tallahassee, FL Ybor City Noise Ordinance, Ybor City, FL Gary Siebein, Jr., CTS, AVT • Aaron Bessant Park Amphitheater Sound Study and A/V Design, Panama City, FL Bal Harbour Shoppes Parking Facility Expansion Noise, Bal Harbour, FL • Blue Lagoon Rail and Aircraft Noise Assessment (HUD), Miami, FL Boca Municipal Traffic Noise Study HUD, Boca Raton, FL Bradenton Motor Sports Park Site Noise Study, Bradenton, FL • Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN Center Place Proposed Mixed-Use Development Sound Study, Fort Myers, FL Crane Island Aircraft Noise Study, Fernandina Beach, FL • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC • Creekwood West Commons Traffic Noise Study, Bradenton, FL • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL Hard Rock Park Sound Study, Myrtle Beach, SC City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 18 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Imagine Clearwater Coachman Park Sound Study and A/V Design, Clearwater, FL • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Manatee County Thoroughfare Noise Stipulation, Manatee County, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Murphy Oaks Barrier Wall Design, Venice, FL • Murphy Oaks HUD Traffic Noise Study and Sound Barrier Wall Design, Venice, FL Pasco County Proposed Gun Range Noise Impact Study, Pasco County, FL • Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL • Riva Trace Traffic Noise Study, Manatee County, FL • River Club Proposed Expansion HUD Traffic Noise Assessment, Bradenton, FL River Haven Burnt Store Road Widening Noise Study, Punta Gorda, FL Southmeadow High Cube Warehouse HUD Site Noise Study, Orange County, FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL Sweetwater Preserve Environmental Acoustic Traffic Assessment, Bradenton, FL • The Harbour Apartments Apollo Road Widening Noise Study, Miami, FL The Villages Rainey Truck Yard Site Noise Study, The Villages, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL Traceland HUD Rail and Road Traffic Site Noise Study, Green Cove Springs, FL • Union County GA Shooting Range, Blairsville, GA • Wetherbee Road Proposed Apartment Complex (HUD), Orlando, FL White Rock Station Apartments Railway Station Noise Study, Dallas, TX Ybor City Noise Ordinance, Ybor City, FL Marylin Roa, AIA, ASA, INCE • Aurora Traffic Noise Study, Newberry, FL • Banyan Ridge HUD Traffic Noise Study, West Palm Beach, FL Blue Lagoon Rail and Aircraft Noise Assessment, Miami, FL • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN Center Place Sound Study, Fort Myers, FL • Crane Island Aircraft Noise Study, Fernandina Beach, FL Dubuque County Sheriff’s Range Sound Study, Dubuque, IA GL Homes Valencia Lake Sound Wall, Sun City, FL • Heron Bay HUD Traffic Noise Study, Manatee County, FL • Imagine Clearwater Coachman Park Sound and Soundscape Study, Acoustical Design, A/V Design, Clearwater, FL • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Marie Selby Botanical Gardens Sound and Soundscape Study, Noise Ordinance Review, Sarasota, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Murphy Oaks HUD Traffic Noise Study, Venice, FL North Creek Project Sound Study, St. Augustine, FL City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 19 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL Solar Energy Plant Site Noise Study, Archer, FL • Standard Purification Noise Monitoring, Dunnellon, FL • Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL TECO Generator Plant Noise Study, Apollo Beach, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL Verizon Data Center Generator Plant Noise Study, Temple Terrace, FL • Jennifer Miller, Assoc. AIA, ASA • 201 W Univ Ave Rooftop Venue Sound Study, Gainesville, FL Aberdeen Firing Range Sound Study, Aberdeen, MD • Aurora Traffic Noise Study, Newberry, FL • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL Catalina at Lake Worth Traffic Noise Study HUD, Lake Worth, FL Creekwood West Commons Traffic Noise Study, Bradenton, FL Dunn’s Crossing HUD Traffic Noise Study, Jacksonville, FL • East Avenue Towne Lake Site Noise Study, Austin, TX • IMAX VIP Cinemas Trinidad, Port of Spain, Trinidad & Tobago Interbay Apartment Complex HUD Site Noise Study, Tampa, FL Kiwi Car Wash Noise Study, Port St. Lucie, FL • Lake Nona Town Center Noise Study, Lake Nona, FL • Marie Selby Sound Monitoring and Noise Measurement Training Course, Sarasota, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Mr. Clean Car Wash Noise Study, Melbourne, FL OCPS Site 43 Aircraft Noise Study, Orlando, FL OCPS Site 83 Aircraft Noise Study, Orlando, FL • Old Cutler HUD Traffic Noise Study, Homestead, FL • Publix 34th St. Gainesville Site Noise Study, Gainesville, FL • Publix Proposed Site Tallahassee Bannerman at Bull Headley Site Noise Study, Tallahassee, FL Publix Site Noise Measurements Beaufort, SC, Beaufort, SC • Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL Ritz Carlton Amelia Island Pool Bar Noise, Amelia Island, FL • Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL Standard Purification Noise Monitoring, Dunnellon, FL • Summit County Colorado Firing Range Sound Study, Summit County, CO Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL • Tampa Police Department Firing Range, Tampa, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL Union County Shooting Range Sound Study, Blairsville, GA • Wetherbee Road Proposed Apartment Complex HUD Noise Study, Orlando, FL Yanie Road HUD Noise Study, Nassau County, FL Jennifer Miller, Assoc. AIA, ASA • 201 W Univ Ave Rooftop Venue Sound Study, Gainesville, FL • Aberdeen Firing Range Sound Study, Aberdeen, MD • Aurora Traffic Noise Study, Newberry, FL City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 20 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C • Bo Diddly Plaza Noise Study, Gainesville, FL • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL • Catalina at Lake Worth HUD Traffic Noise Study, Lake Worth, FL • Collins Residence Ship Yard Noise Measurements, Jacksonville, FL • Creekwood West Commons Traffic Noise Study, Bradenton, FL • Daytona Beach Potable Water Ground Storage Noise Study, Daytona Beach, FL • Dunn’s Crossing HUD Traffic Noise Study, Jacksonville, FL • East Avenue Towne Lake Site Noise Study, Austin, TX • Imagine Clearwater Soundscape Study, Clearwater, FL • IMAX VIP Cinemas Trinidad, Port of Spain, Trinidad & Tobago • Interbay Apartment Complex HUD Site Noise Study, Tampa, FL • KB Home Dunn's Crossing HUD Traffic Noise Study, Jacksonville, FL • KB Home SR 16 and I-95 HUD Traffic Noise Study, St Johns County, FL • KB Home Yanie Road HUD Study, Nassau County, FL • Kiwi Car Wash Noise Study, Port St. Lucie, FL • Lake Nona Town Center Noise Study, Lake Nona, FL • Lee Health Fort Myers Hospital Traffic Noise Study, Fort Myers, FL • Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour FL • Marie Selby Sound Monitoring and Noise Measurement Training Course, Sarasota, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Modwash Car Wash Site Noise Study, Estero, FL • Mr. Clean Car Wash Noise Study, Gainesville, FL • Mr. Clean Car Wash Noise Study, Melbourne, FL • OCPS Sites 43 and 83 Aircraft Noise Studies, Orlando, FL • Old Cutler HUD Traffic Noise Study, Homestead, FL • One Ashley Mixed-Use Development Traffic Noise Study, Tampa, FL • Port Royal Club Pickleball Noise Study, Naples, FL • Publix 34th St. Gainesville Site Noise Study, Gainesville, FL • Publix Princeton Street Site Noise Study, Orlando, FL • Publix Proposed Site Tallahassee Bannerman at Bull Headley Site Noise Study, Tallahassee, FL • Publix Site Noise Measurements, Beaufort, SC • Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL • Ritz Carlton Amelia Island Pool Bar Noise Study, Amelia Island, FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL • Standard Purification Noise Monitoring, Dunnellon, FL • Summit County Colorado Firing Range Sound Study, Summit County, CO • Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL • Tampa Police Department Firing Range, Tampa, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Villages, FL • Union County Shooting Range Sound Study, Blairsville, GA • Wetherbee Road Proposed Apartment Complex HUD Noise Assessment, Orlando, FL • Wynwood View HUD Noise Assessment, Miami, FL • Yanie Road HUD Noise Study, Nassau County, FL City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 21 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Matthew Vetterick, AIA, NCARB • Banyan Ridge HUD Traffic Noise Study, West Palm Beach, FL Blue Lagoon Rail and Aircraft Noise Assessment (HUD), Miami, FL Cordova Palms HUD Site Noise Study, St. Augustine, FL • District Flats HUD Traffic and Site Noise Study, West Palm Beach, FL Dunn’s Crossing HUD Traffic Noise Study, Jacksonville, FL • East Avenue Towne Lake Site Noise Study, Austin, TX Heron Bay HUD Traffic Noise Study, Manatee County, FL • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL • Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Marie Selby Botanical Gardens Sound Monitoring and Noise Measurement Training Course, Sarasota, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • OCPS Site 43 Aircraft Noise Study, Orlando, FL OCPS Site 83 Aircraft Noise Study, Orlando, FL • Old Cutler HUD Traffic Noise Study, Homestead, FL • Ringling College Chiller Plant Full Scale Simulation, Sarasota, FL Ritz Carlton Amelia Island Pool Bar Noise, Amelia Island, FL Solar Energy Plant Site Noise Study, Archer, FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL • TECO Generator Plant Noise Study, Apollo Beach, FL • Verizon Data Center Generator Plant Noise Study, Temple Terrace, FL Wynwood View HUD Noise Assessment, Miami, FL • Yanie Road HUD Study Nassau County, Nassau County, FL Personnel Categories 1. Senior Principal Consultant • Mentor project staff in appropriate procedures for each design process analysis technique. • Observe project meetings conducted by Associate Principal and Consultants with the Client and Design Team. • Conduct second party QA/QC audit/review of each document produced for each service for each project independently of the project team and project manager with written responses to project staff prior to delivery to the Client. • Negotiate contracts and fees. • Review technical scope of each proposal with proposed project team and with insurance agent and corporate attorney when needed. • Establish work plan and schedule for project in association with Project Manager. • Review progress of work with PM and staff. • Stimulate professional development through encouraging participation in CEU programs and attending and/or presenting papers at technical acoustical meetings and standards programs. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 22 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C 2. Associate Principal Consultant • Serves as project manager for larger projects. • Interface with clients and design team members to coordinate the acoustical work with the overall design. • Develop analysis techniques for each acoustical design process. • Instruct project consultants and junior staff in analysis techniques for specific project design issues. • Review questions and solutions with project consultants on a daily basis. • Audit/review reports with the project team prior to review by Senior Principal as a first party audit. • Conducts review with clients and users to verify conformance of design approaches with client program and criteria. • Conducts lessons learned discussions with staff after completion of each design phase and at completion of projects. • Maintain professional credentials through continuing education and research. 3. Senior Consultants • May serve as project manager for smaller projects. • Conduct acoustical analysis as directed by PM. • Prepare reports, analysis, specifications and details in accordance with office standards and precedents. • Construct computer models for larger scale analysis. • Participate in continuing education sessions to maintain currency in the field. Review work in progress with PM and Senior Principal prior to submission for external review City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 23 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 3 – Project Methodology, Approach and Timeline a. Describe your approach in developing the Imagine Clearwater soundscape and noise ordinance study. b. Provide a detailed timeline for the services requested. Soundscape and Noise Ordinance Study to Identify Sound Contours and Sound Control Strategies and Solutions Siebein Associates Inc., in partnership with the University of Florida (Soundscape Team) proposes to conduct a soundscape study in response to RFP for the City of Clearwater. The Soundscape Team will analyze noise and sound in the Imagine Clearwater area and will propose strategies toward adopting standards for mapping and measuring sound; and offer strategies for detecting and enforcing violations of reasonable maximum permissible sound limits. Initial thoughts indicate that one of the other areas of study may be the Beach. It will also proactively develop recommendations for plans approval processes and construction methods suited to the sonic characteristics of the different areas the Imagine Clearwater project area that can be applied to the City at large. The great diversity of urban and suburban communities within the City of Clearwater suggests a strategic approach to identify a range of urban conditions that represents the larger City of Clearwater, a prioritization of those areas to be determined, and a phased approach to the mapping, measurement, analysis, and subsequent noise control strategies. We propose, over the course of 6 to 12 months to work with city staff, and stakeholders selected by the City to identify critical areas in the vicinity of the Imagine Clearwater project, prioritize those areas for study, conduct a pilot study in the Imagine Clearwater study area, deploy and assess the methodology of analysis, evaluate the results for refinement, and then initiate a broader set of studies in the Imagine Clearwater study area. The following sections outline how this strategic approach meets the requirements set forth in the RFP. Advance Preparation – City of Clearwater 1. City to appoint planning staff as point person to liaise with the Soundscape Team. 2. City to discuss the proposed scope of work with the existing noise control advisory committee and report comments to the Consultants. Task 1: Initial site visit, meeting, and orientation (weeks 1-4) 1. Consultants to meet with planning staff and others selected by the City virtually to help define the specifics of the study 2. Identify the range of areas of concern and potential locations of focused study in the Imagine Clearwater project area. 3. Discuss the history of events and issues leading up to the RFP and the efficacy of strategies that have been utilized previously. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 24 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C 4. Review the noise mapping and mitigation studies for the Imagine Clearwater amphitheater completed to date. 5. Update the noise mapping of sounds from the amphitheater as necessary and include reflections from the library and other buildings surrounding the site. 6. Identify recent events of concern to each group. Brainstorm ideas for potential resolution. 7. Tour with city staff. Initial documentation of sound levels during soundwalks before and after these meetings. 8. Prioritize acoustical zones in the Imagine Clearwater study area that are of concern. Architecture, urban design, occupancy, land use, sound levels, sound sources – inside, outside, types and levels. Please note that items 9-15 will be discussed during this task, but will the measurement, mapping and analysis technical studies will be conducted during Task 2. 9. Identify entertainment, commercial and residential areas in the Imagine Clearwater study area. Conduct an acoustical study including measurement, analysis, mapping, and development of initial strategies for monitoring and enforcement for these areas in Task 2. 10. Experience and document existing sonic conditions during several times – Quiet time Busy time Time when events of concern occur 11. Identify and map future sonic conditions based on the existing comprehensive plan and any projected major projects or trends identified by City staff 12. Recommend a site specific amplified sound policy to include hours of use, frequency of use, manner of use, sound levels (in decibels), and other items to be considered in an agreement for amphitheater usage. 13. Recommend building codes for new construction in the Imagine Clearwater study area anticipated to be impacted by amplified music from the amphitheater. 14. Recommend sound mitigation strategies to reduce the impact of amplified sound and/or noise pollution from the amphitheater on nearby exiting buildings. 15. Evaluate the creation of an Imagine Clearwater overlay district to facilitate specific ordinances and codes that address the unique problems present around the amphitheater and other entertainment districts. The Soundscape Team will report on the findings from this meeting and set the agenda for the next phase of the study. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 25 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Task 2: Conduct the pilot study (weeks 4-12). Soundscape Team leaders and measurement team. Measure and qualify baseline ambient sonic conditions in the Imagine Clearwater study area during 1 weekend site visit. Identify sounds of concern to stakeholders, time of concern, and their impressions of possible solutions. Evaluate program activities associated with acoustical conflicts – uses, proximity, demographics, general construction types (relative to acoustical isolation), buffer spaces, and street activity. Review findings with City and others as appropriate. Construct updated noise maps of the selected areas of the Imagine Clearwater section of the City with traffic, entertainment, industrial, residential, and other sources of sound included in the models. Reconsider and refine the priority areas for the next phase of study – range of areas with noise concerns. The Soundscape Team will report on the findings from the pilot study and revise the methodology for studying the next group of priority areas. Task 3: Conduct the detailed documentation, measurement and analysis of the Imagine Clearwater study area (weeks 12-20). Soundscape Team leaders and measurement teams will conduct field studies during this phase. Measure and qualify baseline ambient sonic conditions – with focus on key issues identified in the Imagine Clearwater initial study. Document acoustical conditions in each selected zone – the Imagine Clearwater study area. Conduct sound walks with City officials and the Soundscape Team. This will occur during 1 weekend site visit. Identify sounds of concern, time of concern, and impressions of possible solutions. Map the existing and possible future sounds in the selected areas Review findings with City. Soundscape Team to return to the office/studio for data analysis, scheming, sound mapping and developing initial concepts and strategies for noise measurement, monitoring, and enforcement. Additionally sound reduction, buffering, mitigating, and enhancing strategies will be evaluated. Several alternative possible solutions to reduce, buffer, and mitigate unwanted sounds; preserve, enhance, and contain desired sounds; and strategic insertion of new sounds and activities to enliven the fabric of the City, and provide new opportunities for an invigorating urban living experience for all citizens in a complex, vital, mixed-use urban fabric. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 26 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C The team will consider the full palette of acoustical design and control strategies including reducing, buffering, or mitigating sounds at or near their source; improving the building structures to contain sounds and to reduce sounds entering them through careful design and construction; operational controls such as the use of sound level monitoring at critical sound sources such as the Amphitheater, clubs and entertainment establishments and at critical receiving locations such as the nearest homes to lively areas; and operational controls including noise ordinance requirements, hours of operation, zoning requirements for buffering and construction and other features. This approach is essential so that no one strategy or use group bears the complete acoustical burden of controlling sounds in the city. The compatibility of seemingly disparate adjacencies and occupancies can be enhanced by spreading the acoustical responsibility for planning, design, construction, and operation of homes, businesses, and industries across all groups rather than staking out a dividing line between each group for defending in place. In this way the interdependency of the residents on the commercial and entertainment groups and vice versa can be explored. Sonic transitions between each zone or area can be developed so that the goals of each group can be positively addressed. The Soundscape Team will report on the findings from these priority area studies toward initial noise abatement, monitoring, and enforcement strategies. In this phase, specific strategies will emerge targeted to be appropriate for the specific areas of study and that can be adapted to other similar circumstances throughout Clearwater. Task 4: Review of noise ordinance (weeks 16-20). The current noise ordinance (Section 3-1508) will provide base line information for the studies as part of the ongoing research and evaluation. At this point in the process, findings from the studies will be evaluated against the existing ordinance to develop revisions, affirmations, and potential new criteria that would be vetted for inclusion in the ordinances. The recommendations may include the following among others. Hours of operation, different allowable sound levels for different times of day and other operational strategies Accounting for ambient sound levels in each zone or district in the City Acoustical metrics to be considered including dBA, dBC or more detailed octave band or time- weighted metrics. Identify allowable sound levels for each zone or district based on current ambient conditions and future projections of sound types and levels. Similar methods have been employed by the team to recommend sound level limits in other emerging and reinvigorating urban areas. Develop initial protocols for measurement evaluation at sensitive zonal boundaries. Review with City City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 27 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Provide recommendations to City Attorney for technical acoustical language to be adjusted or added to the noise ordinance to address the concerns identified in the study. Review with City The important point in this proposal is that the enforcement of provisions in a community noise ordinance is only one of the strategies to enhance sonic compatibility among the participants in the community soundscape. The holistically conceived and scientifically executed sonic planning, design, construction, and operation of residences, commercial, entertainment, and industrial operations will ease the need for stringent noise ordinance requirements since the ordinance is only one of the soundscape control strategies to be implemented in the city. The layering of sonic attributes in the planning, buffering, measuring, modeling, and simulating existing and new environments in the future will allow a multi-tiered approach to maintain sonic compatibility among diverse uses and occupancies. It is important to note that the diverse composition of uses and occupancies in a complex urban environment is what makes the City of Clearwater so exciting and unique as a place to live, work, play, vacation, shop and enjoy. Task 5a: Recommendations for soundproofing (weeks 16-20). Identify noise sources of concern that soundproofing is needed to reduce from the soundwalks and noise measurements. These may be specific to a single priority area or may apply to multiple areas. The abatement strategies will be qualified as appropriate for each of the areas and building types and construction. Where possible, these areas will be keyed to the municipal code adopted by the City of Clearwater. Provide recommendations for soundproofing to each category of building identified. This will likely be in the form of acoustical improvements for existing facilities to reduce unwanted sounds from propagating out of potential sound source occupancies; to reduce intrusion of exterior sounds entering buildings where this is not desired; and for the design of new buildings with either or both of these strategies to be able to fully function given the diverse uses and soundscapes within and near the buildings. Review with City Revise and submit final recommendations Task 5b: Review and Recommendation for Sound Monitoring Equipment and Software (weeks 16-20) Review the needs of the Imagine Clearwater and other entertainment districts and recommend possible noise monitoring systems and software that could be used to verify compliance and document exceedances at appropriate locations. These could be localized systems for specific venues or a city wide system with a central monitoring location as well as monitoring read outs at each venue. Logs City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 28 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C of data would be saved to a central location for verification of compliance or use to verify any possible violations. Task 6: Draft final report (weeks 20-26) Review with City. Revise and submit final report. The current workload of our firm will enable us to satisfactorily engage with the City, stakeholders and others to complete the project within the proposed timeline. Please see current workload below. Name of Current / Projected Project Current Status of Project % Complete 701 E Whiting DD 20 Booker High School VPA Theater CA 80 Daytona Beach Heineman Pumping Station CD 60 Estates at Acqualina CD 60 JEA HQ Build Out DD 20 Jesuit High School Fine Arts Building CD 60 Martin Theater Restoration/Renovation SD 20 Meow Wolf DD 20 Michigan DNR Allegan Shooting Range CD 60 Moffitt Magnolia Campus CUP CD 60 Moffitt McKinley Campus Expansion CA 80 OCPS Howard Middle School SD 10 OCPS Site 50 High School DD 20 One Ashley Hotel and Condominium DD 20 One West Palm CA 80 Parc Place DD 20 Ringling College Greensboro Hall CA 80 Ritz Carlton Residences CD 60 Spokane Police Department Firing Range CD 60 The Plaza Coral Gables CD 60 The Villages Charter High School and Athletic Arena CA 80 The Villages K-8 School DD 20 Tyrone Middle School CIDL Building CA 80 UF Data Science and Information Technology Building CD 60 UF Peabody Hall CA 80 Westin Cocoa Beach CD 60 City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 29 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 4 – References A minimum of three (3) references, preferably from other public entities in similar size to the City of Clearwater, within the past five (5) years, for whom the proposer has provided noise analysis consulting services. Each reference must include the name of the entity, date of services, position(s), address, contact person, telephone number, and email address. Lori Burford MDNR Shooting Range and Facilities Specialist Roscommon Customer Service Center 8717 N. Roscommon Road Roscommon, MI 48653 989-600-9114 BurfordL@michigan.gov Project: Michigan Department of Natural Resources Statewide Outdoor Shooting Ranges Sound Studies Description of Work: The Michigan Department of Natural Resources proposed to develop several primitive ranges or open sites throughout the state into outdoor shooting ranges. We worked closely with the Department to conduct acoustical studies to select sites compatible with surroundings. Our consultants conduct live fire acoustical measurements with multiple shooters using several types of firearms and ammunition. We record data up to two miles from the proposed range sites. We perform data analysis using our proprietary software and develop 3D models including noise contour mapping of firearms discharge for each proposed range. We develop noise mitigation recommendations and acoustical design strategies for each range with alternate configurations, noise mitigation features and weather conditions to optimize the acoustical design of each range and to meet noise ordinance sound limits. Year Completed: Ongoing Cost of Project: Unknown Team Members and Roles: Gary W. Siebein: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations Keely Siebein: Associate Principal Consultant Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings Gary Siebein, Jr.: Senior Acoustical Consultant Environmental Noise Measurement, Project Data Analysis and Field Measurements Marylin Roa: Senior Acoustical Consultant Project Manager, Lead Acoustical Designer, 3D Acoustic Computer Modeling, Interior Room Acoustic and Finish System Design Jennifer Russell: Senior Acoustical Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 30 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems, Soundscape Analysis and Acoustical Measurement Matthew Vetterick: Senior Acoustical Consultant HVAC System Noise and Vibration Control Design and Sound Isolation System Design, Architectural Acoustic Design, Computer Modeling Mr. Chris Cianfaglione, PLA,, ISA, CA, Certified Arborist Kimley-Horn and Associates, Inc. 1777 Main Street, Suite 200 Sarasota, FL 34236 941-379-7627 Chris.Cianfaglione@kimley-horn.com Project: Marie Selby Botanical Gardens Soundscape Study and Noise Ordinance Review Description of Work: In an effort to grow the walkable garden space and to protect the scientific collection from future sea level rise, the institution planned a $92 million expansion plant research building, a solar-powered rooftop restaurant and a recreational trail. The expansion plan was designed to increase garden space by 50% within the existing footprint and to add more public park space. The gardens are surrounded by residential and mixed-use properties. Residents were concerned about the increased level of noise that would be generated by the new buildings and increased traffic. Siebein Acoustic conducted extensive site noise studies at multiple locations within the park, reviewed City noise ordinances, performed sophisticated acoustical analysis, developed noise contour mapping and constructed 3D computer models of the proposed buildings and soundscapes. We provided acoustical design recommendations for noise mitigation of the existing and proposed designs to keep noise levels within City Noise Ordinance levels. We attended multiple Plan Board Meetings presenting our findings and our acoustical recommendations to Board Members, City Staff, attorneys and residents. Year Completed: 2021 Cost of Project: $92M Team Members and Roles: Gary W. Siebein: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations Keely Siebein: Senior Consultant Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings Gary Siebein, Jr.: Acoustical Consultant AV Systems Design, Environmental Noise Measurement, Project Data Analysis and Field Measurements Marylin Roa: Senior Acoustical Consultant Project Manager, Lead Acoustical Designer, 3D Acoustic Computer Modeling, Interior Room Acoustic and Finish System Design Jennifer Russell: Acoustical Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 31 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems, Soundscape Analysis and Acoustical Measurement Matthew Vetterick: Acoustical Consultant HVAC System Noise and Vibration Control Design and Sound Isolation System Design, Architectural Acoustic Design, Computer Modeling Charles D. (Dan) Bailey, Jr. Attorney at Law Williams Parker (941) 329-6609 dbailey@williamsparker.com Project: Sarasota Memorial Hospital Chiller Plant Full Scale Simulation, Sarasota, FL Description of Work: Siebein Acoustic conducted a series of workshops in concert with the Architect, Engineers, Hospital Staff and Residents while simultaneously undertaking a large scale Environmental Acoustical Assessment (EAA) of the existing ambient sound conditions in the neighborhood. The EAA consisted of taking short term acoustical measurements of ambient sound levels at more than 20 locations spanning a 14 block area in and around the Hospital, long term measurements of ambient sounds at four key receptor locations, recording high resolution ambient sounds in the neighborhood, and recordings of cooling tower sounds at a similar energy plant at a hospital in Charlotte, North Carolina. The potential noise impacts of several alternative design options and noise mitigation strategies for the cooling towers were modeled. A presentation to the residents that included estimated cooling tower sounds in the presence of ambient neighborhood sounds played through loudspeakers in an auditorium was well received. This presentation led to requests for a “real life” demonstration in the neighborhood, as well as demands for even lower noise levels. Custom noise mitigation solutions for the cooling towers and other equipment were developed and the results were presented to the neighborhood in the form of actual cooling tower sounds broadcast through 16 loudspeakers located at the top of the a parking garage adjacent to the future site of the Plant, at the levels they would actually be heard (or not heard) in the neighborhood. This allowed residents to walk around their neighborhood all day and night over a four day period as ambient sounds changed, and listen for noise impacts from the simulated Plant. This type of “soundscape” method allowed the evaluation of the “net zero” noise impacts to occur by residents. The soundscape workshops served as a vehicle to develop productive relationships between the hospital, design team, city and neighbors. Convinced that the resulting cooling tower sounds, or lack thereof, were acceptable, the residents and the City of Sarasota gave their approval and the project was able to move forward with the design and construction of the Plant at the preferred site. Siebein Acoustic designed a large central energy plant for a growing hospital to meet extremely low noise emission requirements so there would be a “net zero” noise impact on nearby residential communities. State-of-the-art noise control systems for cooling towers, emergency generators and other large equipment were designed and specified for the project. A computer model was developed using sound source acoustical data for the CEP equipment. The effect of distance, topography, and vegetation were included in the computer model to arrive at estimated sound levels in the community due to the CEP and to develop preliminary noise mitigation strategies to meet several alternative design criteria. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 32 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Year Completed: 2010 Cost of Project: Estimated $63M Team Members and Roles: Gary W. Siebein: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations Keely Siebein: Acoustical Consultant Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings Gary Siebein, Jr.: Acoustical Consultant Environmental Noise Measurement, Project Data Analysis and Field Measurements Charles D. (Dan) Bailey, Jr. Attorney at Law Williams Parker (941) 329-6609 dbailey@williamsparker.com Project: Ringling College of Art + Design Chiller Plant Full Scale Simulation, Sarasota, FL Description of Work: Siebein Acoustic provided comprehensive acoustical design services for the new Central Energy Plant at Ringling College. We conducted a noise study to determine noise mitigation features required to meet the sound level limits of the City of Sarasota Noise Ordinance at surrounding properties. We conducted acoustical analysis of the proposed chiller plant and provided noise mitigation system design. We also conducted substantial completion acoustical measurements of the new Central Energy Plant. Siebein Acoustic conducted a full-scale sound simulation experiment by recording sounds of a Central Energy Plant similar in size. We designed the sound system to replicate the noise contours that would exist for Ringling’s completed CEP and placed the speakers in clusters of 5 to simulate the large area source of sound that the CEP would produce. The clusters were zoned so that the resulting sound contours produced would be within 1 to 2 decibels of the sounds modeled for the CEP at locations in the areas surrounding the plant. Three soundwalks were conducted with Stakeholders to listen to the simulated sounds, enabling them to experience the effects of the various chiller plant designs in a way that was more helpful than seeing noise contours on a site plan. Additionally, the Client understood that low-frequency sounds would likely affect individuals living in the residences directly adjacent to the chiller plant. With our noise mitigation recommendations implemented, the completed Central Energy Plant operating at full capacity produced a maximum dBA of 49, well below the 75 dBA allowed by the City of Sarasota Noise Ordinance. Year Completed: 2019 Cost of Project: Unknown Team Members and Roles: Gary W. Siebein: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations Keely Siebein: Senior Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 33 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings Gary Siebein, Jr.: Acoustical Consultant AV Systems Design, Environmental Noise Measurement, Project Data Analysis and Field Measurements Marylin Roa: Acoustical Consultant Lead Acoustical Designer, 3D Acoustic Computer Modeling, Interior Room Acoustic and Finish System Design Jennifer Russell: Acoustical Consultant HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems, Soundscape Analysis and Acoustical Measurement Matthew Vetterick: Acoustical Consultant HVAC System Noise and Vibration Control Design and Sound Isolation System Design, Architectural Acoustic Design, Computer Modeling Gary Mark, Director of Design The Villages 3619 Kiessel Road The Villages, Florida 352-753-6262 Gary.Mark@thevillages.com Project: The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation Description of Work: The Villages acquired an additional 10,000 acres with initial plans to build approximately 4,500 homes and commercial developments. With walking trails and golf cart trails running alongside busy highways and some of the homesites fairly close to the roadways, the developer sought Siebein Acoustic’s expertise in soundscape planning to conceptualize strategies to buffer traffic noise from the homes, recreational facilities and their amenities. Siebein Acoustic conducted extensive site noise studies and acoustical measurements over several miles of roadways that run through the development site. We performed extensive acoustical analysis, developed noise contour mapping and constructed 3D computer models of the soundscapes of the development. We attended multiple planning meetings and provided acoustical design recommendations for noise mitigation including natural berms and sound walls to buffer and mitigate the sounds of traffic noise and planning the trails and walkways to maximize the existing environment as a natural buffer. The natural contours of the site, topography of golf courses, amenities and buffers, and strategic conservation area planning are all considered in the soundscape analysis. Year Completed: 2021 Cost of Project: Estimated $84M Team Members and Roles: Gary W. Siebein: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations Gary Siebein, Jr.: Senior Acoustical Consultant City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Page 34 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C AV Systems Design, Environmental Noise Measurement, Project Data Analysis and Field Measurements Marylin Roa: Senior Acoustical Consultant Project Manager, Lead Acoustical Designer, 3D Acoustic Computer Modeling, Interior Room Acoustic and Finish System Design Jennifer Russell: Senior Acoustical Consultant HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems, Soundscape Analysis and Acoustical Measurement City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 35 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 5 – Cost of Service a. Include the personnel assigned to each task with billable rates and a total cost per task. b. Number of hours assigned per person per task. c. Total cost of all tasks proposed. Please note that the scope of work and proposed cost includes acoustical documentation and analysis for the Imagine Clearwater project Additionally, the inclusion of the University of Florida School of Architecture Graduate School gives the opportunity to provide visualizations of what the mitigation strategies and future buildings could look like to meet the intent of the acoustical recommendations. This is a unique aspect of this proposal that would be of significant value to the City so that residents, entertainment venue operators, government officials, and other stakeholders could understand the possibilities for enriching the vibrant life of the City that the acoustical solutions will provide. Please see next page. 04/04/23RevisedCITY OF CLEARWATER IMAGINE CLEARWATER SOUND STUDY Clearwater, Florida SeniorAssociateSeniorPERSON HOUR AND COST ESTIMATE SUBTOTALSConsultantConsultantPrincipalPrincipal TASK 1: Project kick off, Initial Meetings, Orientation, Site Visit Virtual kick off meetings Travel, 1 Site visit and meetings, literature review 002412Subtotal hours per item $125$135$175$300Hourly rate $7,800$0$0$4,200$3,600Estimated cost for personnel $1,338Reimbursables $9,138Subtotal cost for phase TASK 2: Initial Imagine Clearwter Area Study - Site Visits, Meetings with Stakeholders, Imagine Clearwater study Soundscape Measurement, Mapping and Modeling Measure and qualify baseline ambient sonic conditions Identify areas of concern with City and Stakeholders, review findings with City Refine priority areas for study and range of acoustic concerns - in Imagine Clearwater study area Review noise mapping for the Amphitheater and reflected sounds off the library and other buildings Recommend site specific amplified sound policy, mitigation stratgies and possible code requirements for new construction to reduce sound issues Evaluate potential for an Imagine Clearwater Overlay DIstrict Update sound mapping for the selected Imagine Clearwater study area Soundwalks and measurements in Imagine Clearwater study area Soundscape evaluation of Imagine Clearwater study area, initial strategies for sonic intervention elements, initial stregies for standards, monitoring and enforcement in a complex environment 60603224Subtotal hours per item $125$135$175$300Hourly rate $28,400$7,500$8,100$5,600$7,200Estimated cost for personnel $3,069Reimbursables $31,469Subtotal cost for phase Task 3: Imagine Clearwater, and 1 to 2 Other Area Studies Measurement, Soundscape Mapping, Modeling of Alternatives, Strategies for Sonic Interventions Identify general types and acoustical properties of buildings using GIS database and field observations, sonic activities, base line ambient sound levels, acoustical issues in the Imagine Clearwater study area Conduct soundwalks with City staff and stakeholders in the Imagine Clearwater study area review findings with Team and stakeholders Construct and analyze sound maps and design models of study area Analyze data, develop initial concepts for soundscape compatibility planning, design interventions, noise ordinance development and soundproofing where needed Analyze potential approaches at the scale of individual buildings, near by buildings and plazas, etc., the Imagine Clearwater neighborhood and possibly larger scale if needed Examine potentials for control via monitoring, ordinance requirements, administrative and operational controls in addition to infrastructure controls Review potential approaches and solutions with stakeholders and city Prepare report of findings for the study area and how the approaches and strategies developed in each can possibly be transferred to the larger city envionment and other areas 60953232Subtotal hours per item $125$135$175$300Hourly rate $35,525$7,500$12,825$5,600$9,600Estimated cost for personnel $2,063Reimbursables 47779$37,588Subtotal cost for phase SeniorAssociateSenior SUBTOTALSConsultantConsultantPrincipalPrincipal Task 4: Analysis and Review of Noise and Zoning Ordinances Draft possible ordinance adjustments, Review with City and stakeholders, revise report, Present Final Draft 00408Subtotal hours per item $125$135$175$295Hourly rate $9,360$0$0$7,000$2,360Estimated cost for personnel $0Reimbursables $9,360Subtotal cost for phase SUBTOTALSConsultantConsultantPrincipalPrincipal Task 5: Analysis and Recommendations for Soundproofing and Noise Monitoring and Mitigation Acoustical analysis of typical buildings with recommendations for soundscape compatibility planning, soundproofing and other noise mitigation strategies as needed Review and recommend sound monitoring and software for use to assist in regulating sounds in the Imagine Overlay district 4016248Subtotal hours per item $125$135$175$300Hourly rate $13,760$5,000$2,160$4,200$2,400Estimated cost for personnel $0Reimbursables $13,760Subtotal cost for phase Task 6: Final Report Draft report, Review with City and revise report, Public presentation via video call 8121212Subtotal hours per item $125$135$175$300Hourly rate $8,320$1,000$1,620$2,100$3,600Estimated cost for personnel $0Reimbursables $8,320Subtotal cost for phase $27,754UF faculty time and fringes $15,794UFexpenses $130,919Subtotal personnel costs $22,264Subtotal expenses $153,183TOTAL DESIGN FEES AND REIMBURSABLES Siebein Associates, Inc. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Page 37 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C TAB 6 – Forms a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form f. W-9 Form. Include a current W-9 form Please see next pages. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Appendix A - 1 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Appendix A – Resumes for Project Managers and Team Members A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL Gary W. Siebein, co-founder of Siebein Associates has over 40 years’ extensive experience in soundscape planning and design of communities and urban areas, acoustical design of exhibit and performance spaces, environmental noise and assessment, human and community response to noise, and developing instrumentation for the measurement, monitoring and analysis of sounds in communities in the ways in which they are heard by people. He has completed work on over 2,400 projects worldwide for many clients including governmental agencies as well as clients in the private and public sectors. He is also Professor Emeritus of the School of Architecture at the University of Florida where for 35 years he directed a graduate program in building and environmental acoustics. He is an international leader in acoustic and soundscape research. He has written five books, 17 book chapters, and over 200 technical papers and monographs in architectural and environmental acoustics that have been presented at regional, national and international professional society meetings. Gary is the 18th recipient of the prestigious Wallace Clement Sabine Medal in Architectural Acoustics from the Acoustical Society of America. Professor Siebein’s innovative approach to understanding and shaping the aural environments of buildings, as well as his soundscape assessments and designs have been widely publicized through consulting work on significant projects as well as papers and presentations given at national and international meetings over a 40+ year period. His consulting work is marked by development of systems to measure sounds as they are actually heard by people, detailed characterizations of ambient sounds, sophisticated computer modeling techniques to help optimize the acoustical environment in complex, mixed-use urban areas, accurately predicting future potential noise impacts, and designing creative noise mitigation solutions for difficult situations. He is an acoustical artist and scientist whose work is governed by the technical precision and imaginative methods that define the latest technology in the field. These techniques, which include auralizations, or acoustical simulations of proposed sounds that people can actually listen to as part of the project evaluation process, allows consensus among project stakeholders and realistic judgments to be made about project impacts as part of a participatory and engaging process. He is well known as an intelligent team player who can bring diverse groups of stakeholders together in acoustical dialogue on key projects. His experience of work on innovative projects around the world, and research for many government agencies including the National Science Foundation gives him unique qualifications to provide state-of-the-art consulting services for a wide array of project types. EXPERIENCE • Senior Principal Consultant, Siebein Associates (1981-present) –Acoustical consulting commissions in private practice, including space shaping of theaters, interior and exterior noise control, mechanical system noise control, and sound system design.• Faculty Member (Professor), University of Florida (1980-2015) –University Research Foundation Professor (1999-2002) –Director, Architecture Technology Research Center (1985-2015) • Architectural design work in several small firms in southwestern Connecticut (1972-1980) RELEVANT PROJECT EXPERIENCE (partial list) • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL• Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN• City of Chesapeake Noise Ordinance Study, Chesapeake, VA • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC • Daytona Beach Bike Week Noise Impact Analysis, Daytona Beach, FL • Daytona Beach Noise Amendment Review, Daytona Beach, FL• Dunedin Entertainment Noise Study, Dunedin, FL• GL Homes Greystone HUD Noise Assessment, Palm Beach, FL • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL • Harry P. Leu Gardens Sound and Soundscape Study, Acoustical Design, Orlando, FL • Imagine Clearwater Coachman Park Soundscape Study, Clearwater, FL• Island Lake Recreational Shooting Range Noise Impact Analysis, Brighton, MI• Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL • Luxury Shopping Mall Construction Noise Monitoring, Noise Measurement Training, South Florida • Marie Selby Botanical Gardens Sound and Soundscape Study, Noise Ordinance Review, Sarasota, FL • MI Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan• Mount Dora Noise Ordinance Revision, FL • Murphy Oaks HUD Traffic Noise Study, Venice, FL • Perry Harvey Park Soundscape Analysis, Acoustical Design, Sound System Design, Tampa, FL • Sarasota Deep Bass Thumping Noise Impact Study, Sarasota, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL• Ybor City Noise Ordinance, Ybor City, FL Gary W. Siebein, FASA, FAIA, NCARB Senior Principal Consultant ROLE: Principal in Charge Director of Acoustical Design and Analysis; Overall Project Direction, Quality Control Review of Work, Client Relations AREAS OF EXPERTISE Soundscape Planning and Design, Environmental Noise; Architectural Acoustic Design of Indoor and Outdoor Performance Spaces; Mechanical System Noise & Vibration Control EDUCATION M.A. (Architecture), 1980 University of Florida Bachelor of Architecture, 1978 Rensselaer Polytechnic Institute B.S. (Building Science), 1972 Rensselaer Polytechnic Institute REGISTRATION Registered Architect Florida # 8846 Registered Architect Georgia #RA014816 NCARB # 86214 AFFILIATIONS Fellow, American Institute of Architects Fellow, Acoustical Society of America Member: NCAC, ASTM, ASHRAE PROFESSIONAL EXPERIENCE 40+ Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 16 gsiebein@siebeinacoustic.com A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL Keely Siebein, ASA, INCE, LEED AP BD+CAssociate Principal Consultant ROLE: Associate Principal Consultant Acoustical Design and Analysis, Soundscape Design, Stakeholder Meetings AREAS OF EXPERTISE Architectural Acoustic Design, Environmental Noise EDUCATION Master of Architectural Acoustics (2012) University of Florida, cum laude Bachelor of Arts in Theater (2007) University of Florida, cum laude ACCREDITATION USGBC 11003489-AP-BD+C AFFILIATIONS Member: Acoustical Society of America (ASA); Florida Chapter ASA (FL-ASA); Institute of Noise Control Engineers (INCE); U.S. Green Building Council (USGBC); American Society for Testing and Materials (ASTM) E33 Committee Member American Society of Safety Professionals (ASSP); Florida Healthcare Engineering Association (FHEA); Florida Chapter American Institute of Industrial Hygiene (FL-AIHA); European Cooperation in Science & Technology (COST) PROFESSIONAL EXPERIENCE 23 Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 25 ksiebein@siebeinacoustic.com Keely Siebein’s experience in acoustical consulting includes research; technical field data collection and analysis; room acoustics analysis and design; sound isolation systems analysis and design; and environmental acoustics analysis and design. She has completed work on over 420 projects for clients on a wide range of projects. She has completed research on natural, historic, and urban soundscapes, classroom acoustics, healthcare and NICU acoustics, performance space acoustics, and has performed critical analysis of acoustical standards. Keely has worked on various project types including healthcare facilities, environmental acoustic measurements and analysis, theme park attractions, worship spaces, performance spaces, educational facilities, transportation facilities, condominiums, residences, and restaurant and dining facilities performing acoustical measurements, analysis, and design of the spaces. She has also worked on a number of environmental acoustic projects and traffic noise studies. Keely is a member of the Acoustical Society of America and serves as President of the Florida chapter of the ASA. She received the Robert Bradford Newman award for excellence in architectural acoustical research in 2012 and now serves on the Robert B. Newman Advisory Board. She was invited to be a speaker at the 2021 Acoustical Society of America School in Seattle, WA. She was previously selected as a participant in the prestigious Acoustical Society of America School in Kansas City, Missouri in 2012. Keely is a proponent of sustainability and green buildings, and is actively involved in acoustical professional societies, technical committees, working groups and development of acoustic standards. EXPERIENCE • Siebein Associates, Inc. –Associate Principal Consultant, 2021-present –Senior Consultant, 2016-2021 –Consultant, 2009-2016 –Junior Consultant, 2002-2007 –Research Assistant, 1999-2002 SERVICE TO PROFESSIONAL SOCIETIES• President: Florida Chapter of the Acoustical Society of America: 2018 - present• Member: American Society for Testing and Materials (ASTM) E33 Committee • Chair: Council for the Model Aquatic Health Code Acoustical Design Ad Hoc Committee: 2016 -2018 • Robert Bradford Newman Fund Advisory Board (Architectural Acoustics) 2017-present • Secretary: Florida Chapter of the Acoustical Society of America: 2015 - 2019• ASC Noise – TAG TC 43/SC1: Alternate Voting Representative - 2009 - 2011 AWARDS • Robert Bradford Newman Award for Excellence in Architectural Acoustics: 2012 PUBLICATIONS• Co-author: Natural Soundscapes: A Sonic Exploration of Ichetucknee Springs State Park 2022 • Editor and Chapter Contributor: Bertram Y. Kinzey, Jr. Contributions and Influences on Current Research, Teaching and Design of the Architecture of Sound. Ch 14, Pp. 187-204. 2020 • Co-author: Satisfying Hunger, Thirst, and Acoustic Comfort in Restaurants, Diners, and Bars…Is This an Oxymoron? Acoustics Today, Summer 2019, volume 15, issue 2. RELEVANT PROJECT EXPERIENCE (partial list) • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL • Imagine Clearwater Coachman Park Sound and Soundscape Study, Acoustical Design, Clearwater, FL• Island Lake Recreational Shooting Range Noise Impact Analysis, Brighton, MI • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL • Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL• Marie Selby Sound Monitoring and Noise Measurement Training Course, Sarasota, FL• Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Solar Energy Plant Site Noise Study, Archer, FL • Ybor City Noise Ordinance, Ybor City, FL A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL Gary has 14 years’ experience consulting with Siebein Associates and has worked on more than 350 projects. He is a member of Siebein Associates’ A/V Design Team where his expertise and certifications in sound system and A/V design allow him to design functional and practical sound, audio and video systems in performing arts centers, religious facilities, educational facilities, theme parks and many other building types. Gary is also a key member of our environmental noise team, leading many environmental noise impact studies in the field. His technical dexterity and extensive experience allow him to operate specialized equipment and advanced digital software under any conditions to gain insight into custom sound mitigation techniques and design solutions. He is fluent on many sound level meters including meters by Larson Davis, B+K, Cesva, Rion, Svantek and Ivie. He is proficient in architectural/acoustic software programs including AutoCAD, TNM, SARNAM, WinMLS, and EASE. He has worked on various building types including worship spaces, performance halls, firing ranges, educational facilities, amusement park attractions, condominiums, and hospitals, as well as been involved on environmental impact projects and traffic noise studies. EXPERIENCE • Siebein Associates, Inc. –Senior Consultant, 2021-present –Consultant, 2016-2021 –Technical Acoustic Specialist, 2010-2016 –Junior Consultant, 2008-2010 RELEVANT PROJECT EXPERIENCE (partial list) • Aaron Bessant Park Amphitheater Sound Study and A/V Design, Panama City, FL • Bal Harbour Shoppes Parking Facility Expansion Noise, Bal Harbour, FL• Blue Lagoon Rail and Aircraft Noise Assessment (HUD), Miami, FL• Boca Municipal Traffic Noise Study HUD, Boca Raton, FL • Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN • Center Place Proposed Mixed-Use Development Sound Study, Fort Myers, FL • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC• Crane Island Aircraft Noise Study, Fernandina Beach, FL• Creekwood West Commons Traffic Noise Study, Bradenton, FL • Grassy Waters Preserve Environmental Acoustic Assessment, Palm Beach, FL • Hard Rock Park Sound Study, Myrtle Beach, SC • Imagine Clearwater Coachman Park Sound Study and A/V Design, Clearwater, FL• Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL• Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Manatee County Thoroughfare Noise Stipulation, Manatee County, FL • Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies• Murphy Oaks Barrier Wall Design, Venice, FL• Murphy Oaks HUD Traffic Noise Study and Sound Barrier Wall Design, Venice, FL • Pasco County Proposed Gun Range Noise Impact Study, Pasco County, FL • Ringling College Chiller Plant Noise Study, Sarasota, FL • Riva Trace Traffic Noise Study, Manatee County, FL• River Club Proposed Expansion HUD Traffic Noise Assessment, Bradenton, FL• River Haven Burnt Store Road Widening Noise Study, Punta Gorda, FL • Southmeadow High Cube Warehouse HUD Site Noise Study, Orange County, FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL • Sweetwater Preserve Environmental Acoustic Traffic Assessment, Bradenton, FL• The Harbour Apartments Apollo Road Widening Noise Study, Miami, FL• The Villages Rainey Truck Yard Site Noise Study, The Villages, FL • The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL • Traceland HUD Rail and Road Traffic Site Noise Study, Green Cove Springs, FL • Union County GA Shooting Range, Blairsville, GA• Wetherbee Road Proposed Apartment Complex (HUD), Orlando, FL• White Rock Station Apartments Railway Station Noise Study, Dallas, TX • Ybor City Noise Ordinance, Ybor City, FL Gary Siebein Jr., CTS, AVT, DSCE Senior Consultant ROLE: Senior Acoustical Consultant AV Systems Design, Environmental Noise Measurement, Project Data Analysis and Field Measurements AREAS OF EXPERTISE Acoustical Measurements Environmental Noise Sound System Design CERTIFICATIONS AVIXA Certified Technology Specialist AVIXA Audio Visual Technologist AVIXA Digital Signage Certified Expert Audinate Dante Certification Level 1 & 2 Cambridge Sound Qt Pro Certified Masking Expert Cambridge Sound Dynasound Pro Certified Masking Expert AFFILIATIONS Member: AVIXA Florida Chapter - Acoustical Society of America PUBLICATIONS Gary has co-authored many papers on the subject of environmental acoustics and has presented published papers at regional and national acoustics meetings. PROFESSIONAL EXPERIENCE 14 Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 19 gary@siebeinacoustic.com A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL Marylin designs creative solutions to acoustical challenges faced in more than 30 building types. The acoustical assessment of multiple project types allows her to be involved in the acoustical design of sensitive performance venues for music and theater, quiet background noise levels for recording studios, and creating graphic acoustical 3-D modeling of loud noise generating sources to determine their noise impact on buildings and the environment. By being able to determine applicable regulations and ordinances for each project type, Marylin can interpret the acoustical measurements made on site as well as virtually in computer models and provide recommendations that meet design criteria and provide comfortable acoustic environments. Marylin’s ability to visualize space and sound three-dimensionally helps her have clear conversations with owners, architects, engineers, and contractors. Marylin has been immersed in more than 400 projects during her time with Siebein Associates and is experienced in all phases of project management, from schematic design through construction. She actively participates in project meetings, clearly communicating acoustical design goals and acoustical recommendations to designers, owners, user groups and project stakeholders. Marylin consistently applies her skills and experience to find creative acoustic solutions for her projects and excels in providing acoustic design and analysis for critical acoustic spaces. She is proficient in many architectural/acoustic software programs including EASE, INSUL, AutoCAD, Revit, Trane, VA Select, Ibana Calc, Cope Calc, TNM, CadnaA, CATT Acoustic, and Photoshop. EXPERIENCE • Siebein Associates, Inc. –Senior Consultant, 2019-present –Consultant, 2014– 2019 SPECIAL ACHIEVEMENTS• Robert Bradford Newman Award for Excellence in Architectural Acoustics (2014)• Architecture MRP Design Honor Award, University of Florida(2014)• Architecture Academic Excellence Award, University of Florida (2014) • Architecture Academic Achievement, University of Florida (2013) RELEVANT PROJECT EXPERIENCE (partial list) • Aurora Traffic Noise Study, Newberry, FL • Banyan Ridge HUD Traffic Noise Study, West Palm Beach, FL• Blue Lagoon Rail and Aircraft Noise Assessment, Miami, FL• Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL• Capitol View Mixed-Use HUD Traffic and Rail Noise Study, Nashville, TN • Center Place Sound Study, Fort Myers, FL • City of Greenville Soundscape and Noise Ordinance Study, Greenville, SC• Crane Island Aircraft Noise Study, Fernandina Beach, FL• Dubuque County Sheriff’s Range Sound Study, Dubuque, IA• GL Homes Valencia Lake Sound Wall, Sun City, FL • Heron Bay HUD Traffic Noise Study, Manatee County, FL • Imagine Clearwater Coachman Park Sound and Soundscape Study, Acoustical Design, A/V Design, Clearwater, FL• Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL• Luxury Shopping Mall Construction Noise Monitoring and Noise Measurement Training, Bal Harbour, FL • Marie Selby Botanical Gardens Sound and Soundscape Study, Noise Ordinance Review, Sarasota, FL• Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan• Murphy Oaks HUD Traffic Noise Study, Venice, FL • North Creek Project Sound Study, St. Augustine, FL • Ringling College Chiller Plant Sound Study, Sarasota, FL • Solar Energy Plant Site Noise Study, Archer, FL• Standard Purification Noise Monitoring, Dunnellon, FL• Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL• TECO Generator Plant Noise Study, Apollo Beach, FL• The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL • Verizon Data Center Generator Plant Noise Study, Temple Terrace, FL Marylin Roa, AIA, ASA, INCE Senior Consultant ROLE: Senior Acoustical Consultant Lead Acoustical Designer, 3D Acoustic Computer Modeling, Interior Room Acoustic and Finish System Design AREAS OF EXPERTISE Architectural Acoustic Design Mechanical System Design Environmental Noise EDUCATION Master of Architecture (2014) University of Florida Bachelor of Architecture (2012) Florida International University REGISTRATION Registered Architect Florida # AR100453 AFFILIATIONS Member, American Institute of Architects Member, Acoustical Society of America Member, Institute of Noise Control Engineering PUBLICATIONS Marylin has co-authored papers on the subject of architectural acoustics and computer modeling systems and has presented published papers at regional and national acoustics meetings. PROFESSIONAL EXPERIENCE 8 Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 14 mroa@siebeinacoustic.com A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL Jennifer excels in architectural acoustic design and analysis. Having worked on more than 380 projects with Siebein Associates, Jennifer is proficient in full-cycle project management from schematic design through construction and has considerable experience in taking field measurements, analyzing data, and performing specialized acoustical analysis in many types of buildings. She collaborates very well with architects, design teams and project stakeholders, carefully analyzing design criteria, and consistently creating functional and aesthetically pleasing acoustical systems in a wide variety of building acoustic and environmental noise projects. Jennifer works with her Siebein Acoustic team members to expedite site noise level sound transmission, background noise level and reverberation time measurements as well as provide acoustical review for building certifications such as LEED, WELL and Green Globes. She has performed substantial completion acoustical measurements for multiple projects and project typologies including academic buildings for K-12 and higher level education institutions, performing arts facilities, airports, governmental facilities, multi-purpose buildings and residential buildings. Jennifer is fluent in many architectural/acoustic software programs including TAP, INSUL, Adobe Suite Programs, AutoCAD, Rhinoceros, VRay Rendering Software, Brazil Rendering Software, Grasshopper Software, Microsoft Office Programs, Ecotect, and V-A Select and is proficient in taking acoustic measurements using sound level meters by Rion, Cesva, B+K, Svantek and Larson Davis. EXPERIENCE• Siebein Associates, Inc. –Senior Consultant, 2021-present –Consultant, 2015-2021 –Intern Consultant, 2014-2015 SPECIAL ACHIEVEMENTS• Selected as participant in the Acoustical Society of America School in Salt Lake City (2016)• Robert Bradford Newman Award for Excellence in Architectural Acoustics (2015) RELEVANT PROJECT EXPERIENCE (partial list)• 201 W Univ Ave Rooftop Venue Sound Study, Gainesville, FL• Aberdeen Firing Range Sound Study, Aberdeen, MD• Aurora Traffic Noise Study, Newberry, FL • Bonnet Springs Park Soundscape Design and Planning, Lakeland, FL • Catalina at Lake Worth Traffic Noise Study HUD, Lake Worth, FL• Creekwood West Commons Traffic Noise Study, Bradenton, FL• Dunn’s Crossing HUD Traffic Noise Study, Jacksonville, FL• Interbay Apartment Complex HUD Site Noise Study, Tampa, FL • Kiwi Car Wash Noise Study, Port St. Lucie, FL • Lake Nona Town Center Noise Study, Lake Nona, FL• Marie Selby Sound Monitoring and Noise Measurement Training Course, Sarasota, FL• Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • Mr. Clean Car Wash Noise Study, Melbourne, FL • OCPS Sites 43 and 83 Aircraft Noise Studies, Orlando, FL• Old Cutler HUD Traffic Noise Study, Homestead, FL• Publix 34th St. Gainesville Site Noise Study, Gainesville, FL• Publix Proposed Site Tallahassee Bannerman at Bull Headley Site Noise Study, Tallahassee, FL • Publix Site Noise Measurements Beaufort, SC, Beaufort, SC • Ringling College Chiller Plant Noise Study, Sarasota, FL• Ritz Carlton Amelia Island Pool Bar Noise, Amelia Island, FL• Luxury Shopping Mall Construction Noise Monitoring, Bal Harbour, FL• Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL • Standard Purification Noise Monitoring, Dunnellon, FL • Summit County Colorado Firing Range Sound Study, Summit County, CO• Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL• Tampa Police Department Firing Range, Tampa, FL• The Villages Florida Turnpike Planning Soundscape Analysis and Noise Mitigation, The Village, FL • Union County Shooting Range Sound Study, Blairsville, GA • Wetherbee Road Proposed Apartment Complex HUD Noise Study, Orlando, FL• Yanie Road HUD Noise Study, Nassau County, FL Jennifer Miller, Assoc. AIA, ASA Senior Consultant ROLE: Senior Acoustical Consultant HVAC System Noise and Vibration Control Design, Architectural Acoustic Design, Sound Isolation System Design, Acoustical Finish Systems, Soundscape Analysis and Acoustical Measurement AREAS OF EXPERTISE Acoustical Measurements Architectural Acoustic Design HVAC Design EDUCATION Master of Architecture (2015) University of Florida Bachelor of Design in Architecture cum laude (2013), University of Florida AFFILIATIONS Associate, American Institute of Architects Member, Acoustical Society of America PUBLICATIONS Jennifer has co-authored papers on the subject of architectural acoustics and natural soundscapes and has presented published papers at regional and national acoustics meetings. PROFESSIONAL EXPERIENCE 7 Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 12 jmiller@siebeinacoustic.com A R C H I T E C T U R A L A N D E N V I R O N M E N T A L A C O U S T I C S I n t e l l i g e n t l y d e s i g n i n g a r c h i t e c t u r a l , u r b a n e a n d n a t u r a l s o u n d s c a p e s f o r c r e a t i v e a n d h e a l t h y l i v i n g . SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL During his time with Siebein Associates, Matthew has worked on more than 375 projects and excels in developing acoustical solutions for clients that are both efficient and aesthetically pleasing. He is experienced in all phases of project management, from schematic design through construction and collaborates perceptively with design team members and project stakeholders, consistently providing thoughtful acoustical design goals and recommendations. Matthew iteratively analyzes multiple acoustical systems to truly value engineer cost effective healthful soundscapes. He was one of only six recipients to receive the prestigious AIA Florida Bronze Medal in 2016. Matthew has co-authored invited papers and presented them at regional acoustics meetings. He has also co-authored and co-presented continuing education classes in Firing Range Acoustics, Design and Noise Mitigation. He is adept in many architectural/acoustic software programs including EASE, AutoCAD, Revit, INSUL, IBANA Calc, Rhinoceros, CADNA, VRay Rendering Software, Grasshopper Software, Ecotect, V-A Select, TAP (Trane Acoustic Program), Adobe Suite Programs and Microsoft Office. Matthew is also experienced in taking acoustic measurements using sound level meters by Larson Davis, Svantek and Win MLS software. Matthew is highly accomplished in performing mechanical system noise and vibration analysis and room acoustic analysis. He is deeply experienced in taking field measurements in accordance with ASTM, ISO, and ANSI standards, analyzing the measured data and incorporating the data into clear, detailed reports for many building types. He develops thoughtful and effective acoustical recommendations for many situations. Matthew is equally proficient onsite and in the acoustical laboratory. EXPERIENCE • Siebein Associates, Inc. –Senior Consultant, 2021-present –Consultant, 2016-2021 –Intern Consultant, 2015-2016 SERVICE TO PROFESSIONAL SOCIETIES• AIA Gainesville Chapter, President (2022-present)• AIA Gainesville Chapter, Vice President (2021) • AIA Gainesville Chapter, Secretary (2020) • AIA Gainesville Chapter, Interim Associate Chapter Director (2019) SPECIAL ACHIEVEMENTS• AIA Florida Bronze Medal (2016 • Featured Student Work Chicago Architecture Foundation (2010) • The Architecture Handbook - Student Design Experience • Eagle Scout, Boy Scouts of America (2007) RELEVANT PROJECT EXPERIENCE (partial list)• Banyan Ridge HUD Traffic Noise Study, West Palm Beach, FL • Blue Lagoon Rail and Aircraft Noise Assessment (HUD), Miami, FL • Cordova Palms HUD Site Noise Study, St. Augustine, FL • District Flats HUD Traffic and Site Noise Study, West Palm Beach, FL• Dunn’s Crossing HUD Traffic Noise Study, Jacksonville, FL• East Avenue Towne Lake Site Noise Study, Austin, TX • Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility Study, Orlando, FL • Luxury Shopping Mall Construction Noise Monitoring, Bal Harbour, FL • Marie Selby Botanical Gardens Sound Monitoring, Sarasota, FL• Michigan Department of Natural Resources Statewide Outdoor Firing Ranges Sound Studies, Michigan • OCPS Sites 43 and 83 Aircraft Noise Studies, Orlando, FL • Old Cutler HUD Traffic Noise Study, Homestead, FL • Ringling College Chiller Plant Sound Study, Sarasota, FL• Ritz Carlton Amelia Island Pool Bar Noise, Amelia Island, FL• Solar Energy Plant Site Noise Study, Archer, FL • Spirit of Suwannee Hulaween Outdoor Amplified Event Noise Monitoring, Live Oak, FL • Sunrail Maintenance Facility Sanford Noise Study, Sanford, FL • TECO Generator Plant Noise Study, Apollo Beach, FL• Verizon Data Center Generator Plant Noise Study, Temple Terrace, FL Matthew Vetterick, AIA, NCARBSenior Consultant ROLE: Senior Acoustical Consultant HVAC System Noise and Vibration Control Design and Sound Isolation System Design, Architectural Acoustic Design, Computer Modeling AREAS OF EXPERTISE Acoustical Measurements Architectural Acoustic Design Mechanical System Noise and Vibration EDUCATION Master of Architecture (2016), University of Florida Bachelor of Design in Architecture summa cum laude (2014), University of Florida Associate in Arts in Architecture (2012), Valencia College REGISTRATION Registered Architect Florida # AR101159 NCARB # 100758 AFFILIATIONS Member, American Institute of Architects Member, Acoustical Society of America PROFESSIONAL EXPERIENCE 6 Years CONTACT INFORMATION 625 NW 60th Street, Suite C Gainesville, Florida 32607 352-331-5111 x 10 mvetterick@siebeinacoustic.com City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Appendix B - 1 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Appendix B – Additional Information Relevant Publications A. Gary W. Siebein Relevant Publications Natural Soundscapes: A Sonic Exploration of Ichetucknee Springs State Park 2022 Gary W. Siebein, Keely M. Siebein. Siebein Publishing, Gainesville, Florida: 105 pp Five Levels of Soundscape Design 2022 Gary W. Siebein An invited paper presented at the 51st International Congress and Exposition on Noise Control Engineering (Inter-Noise 2022). Glasgow, Scotland. August 22, 2022. Proceedings not yet published. The Soundscape of Restaurants Part 4 Analysis and Practical Design Directions 2021 Siebein, Gary W., Siebein, Keely, Miller, Jennifer, Vetterick, Matthew, Roa, Marylin. An invited paper presented at the 181st Meeting of the Acoustical Society of America. Seattle, Washington. November 2021. The Journal of the Acoustical Society of America 150, A161 (2021); https://doi.org/10.1121/10.0007986 Soundwalks in a Botanical Garden as a Part of the Planning Process 2021 Siebein, Gary W., Siebein, Keely, Miller, Jennifer, Vetterick, Matthew, Roa, Marylin, Jones, Ian. An invited paper presented at the 181st Meeting of the Acoustical Society of America. Seattle, Washington. November 2021. The Journal of the Acoustical Society of America 150, A294 (2021); https://doi.org/10.1121/10.0008337 Soundwalks in New and Existing Intensive Care Units 2021 Siebein, Gary W., Miller, Jennifer, Vetterick, Matthew, Roa, Marylin, Jones, Ian. An invited paper presented at the 181st Meeting of the Acoustical Society of America. Seattle, Washington. November 2021. The Journal of the Acoustical Society of America 150, A294 (2021); https://doi.org/10.1121/10.0008338 The Soundscape of Twenty-First-Century Libraries 2020 Siebein, Gary W., Paek, Hyun G., Siebein, Keely M., Roa, Marylin. “ Acoustics Today, Volume 16, Issue 4 | Winter 2020, pp 57-66. https://acousticstoday.org/issues/2020AT/Winter2020/index.html#p=57 Architectural Acoustics and Noise: Architectural Soundscapes 2019 Siebein, Gary W., Paek, Hyun G., Siebein, Keely M., Siebein, Jr., Gary, Roa, Marylin, Miller, Jennifer R. An invited paper presented at the 178th Meeting of the Acoustical Society of America. San Diego, California: December 2019. J. Acoust. Soc. Am. Volume 146, No. 4, Pt. 2, p. 3022. Soundscape of the Evolving Library 2019 Siebein, Gary W., Paek, Hyun G., Siebein, Keely M., Siebein, Jr., Gary, Roa, Marylin, Miller, Jennifer R. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 2 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C An invited paper presented at the 177th Meeting of the Acoustical Society of America. Louisville, Kentucky: May 2019. J. Acoust. Soc. Am. Volume 145, No. 3, Pt. 2, p. 1695. The Soundscape of Music Education 2019 Siebein, Gary W., Hyun G. Paek, Keely M. Siebein, Gary Siebein, Jr., Marylin Roa, Jennifer R. Miller. “ An invited paper presented at the 177th Meeting of the Acoustical Society of America. Louisville, Kentucky: May 2019. J. Acoust. Soc. Am. Volume 145, No. 3, Pt. 2, p. 1738. Full Scale Simulation of Soundscapes 2018 Gary W. Siebein An invited paper presented at the 11th European Congress and Exposition on Noise Control Engineering. Crete, Greece: May 2018. Euronoise 2018 Conference Proceedings, ISSN: 2226-5147, pp 2479-2486. Challenges of Entertainment Sound in Communities 2017 Siebein, Gary W., Siebein, Jr., Gary, Paek, Hyun Paek, Roa, Marylin, Miller, Jennifer R., Siebein, Keely. An invited paper presented at the 174th Meeting of the Acoustical Society of America. New Orleans, Louisiana: December 2017. J. Acoust. Soc. Am. Volume 142, No. 4, Pt. 2, p. 2483. Case Studies that Explore the Soundscape of Dining 2017 Siebein, Gary W., Siebein, Keely. An invited paper presented at the 174th Meeting of the Acoustical Society of America. New Orleans, Louisiana: December 2017. J. Acoust. Soc. Am. Volume 142, No. 4, Pt. 2, p. 2593. An Exploration of the Urban Design Possibilities Offered by Soundscape Theory 2017 Siebein, Gary W., Paek, Hyun G., Siebein, Jr., Gary, Siebein, Keely, Roa, Marylin, Miller, Jennifer R. An invited paper presented at the 174th Meeting of the Acoustical Society of America. New Orleans, Louisiana: December 2017. J. Acoust. Soc. Am. Volume 142, No. 4, Pt. 2, p. 2670. The Interactive Multipurpose Performing Arts Hall 2017 Siebein, Gary W., Paek, Hyun G., Miller, Jennifer R., Roa, Marylin, Vetterick, Matthew. An invited paper presented at the 174th Meeting of the Acoustical Society of America. New Orleans, Louisiana: December 2017. J. Acoust. Soc. Am. Volume 142, No. 4, Pt. 2, p. 2688. Multi-Purpose Performance Spaces as Vehicles to Enhance the Acoustical Communities of Cities and Towns 2017 Siebein, Gary W., Roa, Marylin, Miller, Jennifer R., Vetterick, Matthew An invited paper presented at the 174th Meeting of the Acoustical Society of America. New Orleans, Louisiana: December 2017. J. Acoust. Soc. Am. Volume 142, No. 4, Pt. 2, p. 2688. Soundscape Analysis and Modeling of Outdoor Gathering Spaces 2017 Siebein, Gary W., Paek, Hyun G., Roa, Marylin, Siebein, Jr., Gary, Siebein, Keely. An invited paper presented at the 173rd Meeting of the Acoustical Society of America. Boston, Massachusetts: June 2017. J. Acoust. Soc. Am. Volume 141, No. 5, Pt. 2, p. 3563. The Shape of Sound 2017 Siebein, Gary W., Paek, Hyun G. An invited paper presented at the 173rd Meeting of the Acoustical Society of America. Boston, Massachusetts: June 2017. J. Acoust. Soc. Am. Volume 141, No. 5, Pt. 2, p. 3661. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 3 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Uses of Soundwalks in Computer Modeling of Soundscapes During the Design Process 2015 Siebein, Gary W., Roa, Marylin, Paek, Hyun G., Jones, Paul C. An invited paper presented at the 170th Meeting of the Acoustical Society of America. Jacksonville, Florida: November 2015. J. Acoust. Soc. Am. Volume 138, No. 3, Pt. 2, p. 1749. The Soundscape of Worship 2015 Siebein, Gary W., Siebein, Kara A. An invited paper presented at the 170th Meeting of the Acoustical Society of America. Jacksonville, Florida: November 2015. J. Acoust. Soc. Am. Volume 138, No. 3, Pt. 2, p. 1816. Types of Soundwalks and their Applications in Soundscape Design and Soundscape Design Techniques 2013 Siebein, Gary W. An invited paper presented in at the 166th meeting of the Acoustical Society of America. San Francisco, California: December 3, 2013. J. Acoust. Soc. Am. Volume 134, No. 5, Pt. 2, p. 4020. Architectural Soundscapes 2013 Siebein, Gary An invited paper presented at the 6th International Symposium on Temporal Design at the Joint 26th Meeting of the Taiwan Institute of Acoustics in Taipei, Taiwan: November 2013. JASA 134:5, 4020-4020. An Exploration of the Urban Design Possibilities Offered by Soundscape Theory 2013 Siebein, Gary An invited paper presented at the AESOP/ACSP Joint Congress 2013 Planning for Resilient Cities and Regions annual international conference in Dublin, Ireland. July 18, 2013. JASA 142:4, 2670 Creating and Designing Soundscapes 2013 Siebein, Gary An invited paper presented at the European Cooperation in Science and Technology annual international conference in Merano, Italy. March 22, 2013. COST_TD0804, pp. 158-162. Propositional Soundscapes 2012 Siebein, Gary W. An invited paper presented at the 41st International Congress and Exposition on Noise Control Engineering in New York City, NY: August, 2012. Published in Proceedings, pp. 9939-9947. Defining the Scope of Soundscape Studies 2011 Siebein, Gary W. An invited paper presented at the 162nd meeting of the Acoustical Society of America, San Diego, California: November, 2011. J. Acoust. Soc. Am. Volume 130, No. 4, Pt. 2, p. 2496. Applications of Soundscape Design Techniques 2011 Siebein, Gary W. An invited paper presented in a special session on Soundscape Design held in conjunction with the 161st meeting of the Acoustical Society of America. Seattle, Washington: May, 2011. Published in the Proceedings. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 4 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Essential Soundscape Concepts for Architects and Urban Planners 2010 Siebein, Gary W. An invited paper presented at the Designing Soundscape for Sustainable Urban Development conference in Stockholm, Sweden. The City of Stockholm hosted the conference as part of the European Green Capital Year. September 30 – October 1, 2010. Published in the Proceedings, pp. 26-30. Architectural and Acoustical Elements of Soundscapes 2010 Siebein, Gary W. An invited paper presented at the 1st European Congress on Sound and Vibration in Ljubljana, Slovenia. September 15-18, 2010. Published in the Proceedings. The Ecological Basis for Architectural and Environmental Soundscapes 2010 Siebein, Gary W., Tsaih, Lucky, Park, Sang Bum, Siebein, Keely M, Jones, Chris & Skelton, Reece. An invited paper presented at INTER-NOISE 2010, the 39th International Congress and Exposition on Noise Control Engineering. Lisbon, Portugal: June, 2010. Published in the Proceedings. Soundscapes vs. Long Term Average Methods of Noise Mapping 2010 Siebein, Gary W., Bettcher, Adam An invited paper presented at the 2nd Pan-American/Iberian Meeting on Acoustics, Cancun, Mexico: November 15-19, 2010. Published in the Proceedings. Local Sonic Wonders: Tectonics of Measuring, Modeling, and Mapping Aspects of Soundscapes 2010 Siebein, Gary W., Siebein, Keely M., Tsaih, Lucky, Park, Sang Bum., and Shin, Sang Bong. An invited paper presented at the 2nd Pan-American/Iberian Meeting on Acoustics, Cancun, Mexico: November 15-19, 2010. Published in the Proceedings. Exploring the Soundscape of Nature 2010 Siebein, Gary W., Siebein, Keely, Tsaih, Lucky, & Park, Sang Bum. An invited paper presented at the 159th Acoustical Society of America Meeting, Baltimore, Maryland: April, 2010. Published in the Proceedings. Transitions in Soundscape from Theory to Practice 2010 Siebein, Gary W. An invited paper presented at the 36th German Annual Conference on Acoustics, Berlin, Germany: March, 2010. Published in the Proceedings. On the Nature of the Ambient Sound 2009 Siebein, Gary W., & Skelton, Reece. An invited paper presented at the 38th International Congress and Exposition on Noise-Control Engineering, in Ottawa, Canada in August 2009. Noise-Con Proc., Vol. 218, Issue 1, pp. 2569-2576. Soundscape Design Applications for Industrial Noise 2009 Siebein, Gary W., Lilkendey, Robert M., Paek, Hyun G., Jones, Chris, & Robinson, Threcia. An invited paper presented at the 38th International Congress and Exposition on Noise-Control Engineering, in Ottawa, Canada in August 2009. Noise-Con Proc., Vol. 218, Issue 1, pp. 2628-2636. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 5 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Soundscape Design Methods for a Neonatal Intensive Care Facility 2009 Siebein, Gary W., Skelton, Reece, & McCloud, Victoria. An invited paper presented at the 38th International Congress and Exposition on Noise-Control Engineering, in Ottawa, Canada in August 2009. Noise-Con Proc., Vol. 218, Issue 1, pp. 2360-2368. Soundscape Design Applications for Entertainment Noise 2009 Siebein, Gary W., Lilkendey, Robert M., Paek, Hyun G., & Robinson, Threcia. An invited paper presented at the 38th International Congress and Exposition on Noise-Control Engineering, in Ottawa, Canada in August 2009. Noise-Con Proc., Vol. 218, Issue 1, pp. 2619-2627. Case Study of Soundscape Assessment and Design Methods 2006 Siebein, Gary W., Gold, Martin, Kwon, Youngmin & Smitthakorn, Pattra. An invited paper presented at the 35th International Noise Control Engineers Conference, Honolulu, Hawaii: December, 2006. The paper was reviewed and published in the Proceedings. An Acoustical Palette for Urban Design 2006 Siebein, Gary W., Gold, Martin, Smitthakorn, Pattra & Kwon, Youngmin. An invited paper presented at the 13th International Conference on Sound and Vibration, Vienna, Austria: July, 2006. The paper was reviewed and published in the Proceedings. Noise Regulation in Florida 2006 Siebein, Gary W., Lilkendey, Robert M., & Bentley, Mark An invited paper presented at the Florida Bar Annual Meeting, Naples, Florida: May, 2006. Case Studies Addressing Philosophical Uncertainty Issues in Various Acoustical Situations 2005 Siebein, Gary W., Lilkendey, Robert M.., Paek, Hyun G., & Skorski, Edwin S. An invited paper presented at the International Symposium on Managing Uncertainties in Noise Measurement and Prediction in Le Mans, France: June, 2005. The paper was reviewed and published in the Proceedings. Estimating Community Noise Levels from Outdoor Condensing Units 2000 Siebein, Gary W., Kim, Hyeongseok An invited paper presented at NOISE-CON 2000 in Newport Beach, California. Published in the Noise- Con Proceedings Vol. 108, Issue 1, pp. 137-142. Man, Technology and Environment: A Primer in the Environmental Technologies 1985 Storter Press, Gainesville, Florida: 162 pp. B. Martin Gold Relevant Publications Goodwill Reconsidered 2019 Martin Gold and Ravi Srinivasan, ISBN 978-0-578-48419-8, 102 pages Masterplan alternatives for a new cultural arts center in the Newtown neighborhood of Sarasota, FL. Agri-Urbanism: A Study of Urban/Sub-Urban Morphology 2019 Martin Gold and Arash Alborzi, EDRA 50, Sustainable Urban Environments Brooklyn, New York. City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 6 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Investigating Food Justice Social Sustainability Policy in Urban Agriculture 2019 Arash Alborzi and Martin Gold, EDRA 50, Sustainable Urban Environments Brooklyn, New York. Agri-Urbanism 2018 Martin Gold and Mary Padua, ISBN 978-0-578-40061-7, 273 pages Longboat Key – Toward Community, Economy and Resiliency 2015 Research publication, UF College of Design Construction and Planning Sarasota Heritage Center 2012 Report and documentation of research and service learning, Presented to the Sarasota County Commission Planning for the Soundscape of Transportation 2011 Designing Soundscape for Sustainable Urban Development Conference Proceedings, Stockholm, Sweden, Spring 2011, pp 42-47 Workscape: Creative Culture Office Parks for Gainesville, FL 2010 Gainesville Chamber of Commerce, August 2010. Visioning Chipley 2009 Mississippi State Coastal Research Extension Center A research report published in August 2009. Designing the Waldo Road Corridor 2009 Alachua County, City of Gainesville and University of Florida A research report published in May, 2009. Archer Braid: Bicycle and Pedestrian Commuting and Recreational Corridor 2007 Metropolitan Transportation Planning Authority Sustainable Community Design & Management Strategies for Florida 2006 Gold, Martin and Hostetler, Mark Towards a Sustainable Florida, Edited by Dr. Stephen Mulkey, School of Natural Resources and Environment, 2006, 36-47 Urban Village: Transportation and Planning Strategies for SW 20th Ave. 2006 Design visioning and proposals for a sustainable urban village approach to Development at the perimeter of the University of Florida Metropolitan Transportation and Planning Organization, 2006. Winning With Rail Trails: Award Winners Suggested Guidelines for Trail 2004 Planning and Design Publication of Bicycle Promenade competition proposal Steve Luoni and Martin Gold Article authors Jim Donovan and Hugh Morris Landscape Architecture Magazine, July 2004 City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 7 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Transporting Ecologies: Alachua Countywide Bicycle Master Plan Addendum 2004 North Central Florida Regional Planning Council, August 2004. Players Theater 2001 Gary W. Siebein and Martin Gold Presented at the 141st meeting of the Acoustical Society of America Encyclopedia of Twentieth Century Architecture, Taylor Francis Publishers Ten Ways to Provide a High-Quality Acoustic Environment in Schools 2000 Gary W. Siebein, Martin A. Gold, Glenn W. Siebein and Michael G. Ermann Language Speech, and Hearing Services in Schools, Vol. 31, October 2000 Listener Perception of Spatial Impression and Auditory Source Width and Their Influence on Overall Impression in Real Rooms and Headphone Studies 1999 Proceedings from the 137th Meeting of the Acoustical Society of America Background Noise Levels in Classrooms 1999 Gary W. Siebein, Martin A. Gold, Mitchell Lehde, and John Ashby. Proceedings from the 137th Meeting of the Acoustical Society of America Principals of Classroom Acoustics: Reverberation 1997 Gary W. Siebein, Carl C. Crandel and Martin A. Gold Educational Audiology Tutorial, Journal of Education Audiology: 5, 32-43 Pilot Studies of Speech Communication in Elementary School Classrooms: Literature Review and Methods 1997 Phillip Abbott, Carl C. Crandel, Martin A. Gold, M. Joyce Hasell, Christopher R. Herr, Hee Won Lee, Mitchell Lehde and Gary W. Siebein Proceedings from Noise-Con 97 Designing the Concert Hall of the 21st Century: Historic precedent and Virtual Reality 1997 Gary W. Siebein and Martin A. Gold Proceedings from the 85th Association of Collegiate Schools of Architecture Annual Meeting and Technology Conference—Architecture: Material and Imagined City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Appendix B - 8 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Architectural Licenses and Certifications for Project Managers and Team Members City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 9 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 10 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - Revised Proposal April 4, 2023 Appendix B - 11 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C City of Clearwater Request for Proposals #13-23 Noise Analysis Consultant - REVISED Proposal April 4, 2023 Appendix B - 12 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone: (352) 331-5111 Website: www.siebeinacoustic.com SIEBEIN A C O U S T I C Siebein Acoustic Soundscape Assessment and Design Portfolio Please see next pages. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC PROFESSIONAL QUALIFICATIONS SOUNDSCAPE ASSESSMENT + DESIGN 625 NW 60th Street, Suite CGainesville, Florida 32607USA (T) 352.331.5111(F) 352.331.0009 www.SiebeinAcoustic.com Acoustical Design & Noise Control for SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC WHO WE ARE Siebein Associates is a leading acoustical consulting firm established in 1981 headquartered in Gainesville, Florida. We have a broad range of diverse experience in acoustical design and research that enables us to provide state-of-the-art consulting services. We pioneered the development of soundscape design methods to assess, measure, model, simulate and predict the acoustical qualities of complex urban environments. We specialize in the design of spaces for natural acoustic and amplified performances in many different venues. We have pioneered the use of advanced acoustical measuring systems to evaluate acoustical challenges in indoor and outdoor spaces as well as computer modeling methods to assess prospective design solutions. Siebein Associates employs advanced technical systems to assess the sonic environment in urban and suburban landscapes and can tailor our services to the unique aspects of your project and the affected areas. We have the equipment to perform field measurements in conformance with ANSI, ASTM, ISO and other standards for most acoustic situations. We have completed work on over 2,400 challenging projects worldwide and are considered one of the premier acoustical consulting firms in the world. We have received awards for research and acoustical design from the American Institute of Architects, the Association of Collegiate Schools of Architecture, the National Council of Acoustical Consultants, and Progressive Architecture. Siebein Associates is a growing firm with trained professionals who have significant educational and project experience in acoustics, soundscape design, environmental noise and architectural acoustic design. Our design philosophy is to create state-of-the-art environments using advanced technology, critical listening by experienced staff, and dedication to our client to achieve superior acoustics. We achieve this by utilizing a combination of advanced research, extensive project experience, innovative acoustical design techniques, and a team-oriented approach to work in a fully integrated manner with clients, architects, user groups, and other key design team members to establish unique acoustical identities specific to the needs of each individual project. FIRM INTRODUCTION Gary W. Siebein, FASA, FAIA Senior Principal Consultant Overall Project Management Quality Control Review Environmental Acoustics Gary Siebein, Jr., CTS, AVT Senior Consultant Technical Acoustic Specialist Field Measurement & Data Analysis Matthew Vetterick AIA, NCARB Senior Consultant Architectural Acoustics Environmental Acoustics Rita A. Siebein President Marketing, Human Resources, Accounting Keely Siebein, ASA, INCE LEED AP BD+C Associate Principal Consultant Architectural Acoustics Environmental Acoustics Marylin Roa, AIA, ASA, INCE Senior Consultant Architectural Acoustics Environmental Acoustics Jennifer Miller, ASA, Assoc. AIA Senior Consultant Architectural Acoustics Environmental Acoustics 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC WHAT WE DO We have successfully completed hundreds of environmental noise assessments involving a variety of urban soundscape, amplified entertainment, traffic, aircraft and noise ordinance issues. Our company motto reflects our background, skills and direction for the future as it applies to sound studies: “Intelligently designing architectural, urbane and natural soundscapes for creative and healthy living.” This succinctly addresses the contribution that our firm can bring to your project. Our projects include a combination of facilities that are operating at the time of the study as well as facilities that are being designed. Successful completion of a sound study requires sophisticated experience with both of these project types to accurately characterize the existing situation and then to creatively optimize the quality of sounds for retail/entertainment venues while maintaining the quality of the soundscape in near-by residential areas. Important components of these projects include: • Measuring ambient or baseline sound levels in rural and urban areas that have multiple constituent sounds; • Rigorously defining each of the specific acoustic events in long term measurements that comprise the ambient sound in specific locales so the contribution to the ambient is identified; and • Accurately measuring the time, frequency and operational variables associated with multiple permanent, transient and temporary sound sources. Siebein Associates engages in intelligent processes for each work task that helps to build consensus among multiple stakeholders and can clearly present the rationale for each step in the process. We believe that value engineering and optimizing noise mitigation designs for maximum sound reductions can be achieved within limited project budgets. We develop sophisticated computer models that are accurately calibrated to real world situations and have high degrees of explanatory power to build confidence among the multiple parties involved in many acoustical situations. We execute work that pushes the state-of-the-art in accordance with national and international standards so it is both legally defensible and creative in the solutions provided; and actively seek balance among regulatory agencies and laws, community interests, sustainable economic growth and the best interests of all parties involved. SOUNDSCAPE PLANNING AND DESIGN 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC WHAT WE DO Senior Principal Gary W. Siebein was a professor in the School of Architecture at the University of Florida where he directed a graduate program in building and environmental acoustics for 35 years. In this capacity he has lectured at universities, colleges, standards committees, professional societies and other groups and has served on national and international committees involved with acoustical research and standards. This experience of distilling essential information in a way that is understandable by non-technical citizens and governmental agencies is a hallmark of our practice. We have presented the process and results of noise studies to City and County regulatory agencies, planning commissions, Boards of Commissioners and other governmental agencies. We have also conducted acoustical training and certification classes for private industries and public agencies so that their staff can effectively monitor sounds when needed. The extensive use of auralizations or actual calibrated listening experiments so stakeholders can listen to the acoustical ramifications of potential mitigation options and visualizations of sounds paths as rays or waves so that the causes of sound issues can be seen are among the methods used to help citizens, governmental agencies and other stakeholders understand the causes of situations so they can appreciate the need for and the effectiveness of proposed solutions. Siebein Associates, Inc., has also acted as an expert witness for many projects involving acoustical issues for amplified entertainment venues, large amphitheaters, entertainment districts in cities and towns, traffic noise impacts and soundscape quality in residential neighborhoods are among the project types we have worked on. We specialize in taking acoustical measurements that accurately characterize the sounds as they are experienced by people, conducting acoustical analysis of the data that allows us to identify the paths responsible for the sounds that are being heard and designing effective mitigation systems using the full range of available technologies including infrastructure interventions, administrative controls and sound system controls to achieve a balance between the acoustical quality at the venues and the soundscape in adjacent areas. We are prepared to conduct field measurements, review existing facilities to identify sound sources, develop models to predict future impacts of sound transmission, provide a plan to assist in the mitigation of existing and future noise impact to find practical and economical solutions to a number of challenging acoustical situations. planning and zoning boards. PRESENTING COMPLEX INFORMATION TO MULTIPLE CONSTITUENCIES We take pride in our ability to translate technical acoustical principles into terms that clients, city legal staff, enforcement personnel and citizens can understand. Gary W. Siebein, Senior Principal Consultant, Hyun G. Paek, Principal Consultant, and Keely Siebein, Senior Consultant, are qualified as experts in multiple districts and have presented expert witness testimony in court, at quasi-judicial hearings for city and county commissioners, and for a number of planning and zoning boards. They have developed the ability to distill complex acoustical concepts into language that is easily understood by lay persons through years of experience teaching students and lecturing to technical and non-technical audiences. Siebein Associates, Inc., has worked with many states, counties and municipalities to address the acoustic impacts of noise upon residents. Noise from entertainment venues, large crowds, traffic, various modes of transportation, mechanical equipment, industrial facilities, etc. must be effectively managed within the complex soundscape of an urban community. We work with government agencies and private and public sector clients to: • Prepare acoustical assessment reports for existing and proposed projects; • Review development proposals; • Develop acoustical master plans for the soundscape of livable, urban communities; • Determine compliance with ordinances or specific acoustical requirements established by local jurisdictions; • Perform measurements and analyses to quantify acoustical levels and/or locate noise source(s); • Predict future noise levels using sophisticated modeling techniques; • Design and/or recommend appropriate mitigation measures to reduce noise to acceptable levels; • Draft, review noise ordinances. We achieve reasonable balances between the various complex interactions of multiple stakeholder groups and can effectively present realistic aural simulations to groups in public forums so individuals may aurally sample acoustical “sketches” of various design options. This allows effective communication of the acoustical consequences of planning decisions and associated costs. REGULATORY, CONTRACTUAL AND JURISDICTIONAL MATTERS We have worked many communities to develop and/or revise noise ordinances that are suited to the unique acoustical situations of each locality. We strive to achieve a practical balance between the desires of residents for high quality urban and suburban life styles in rapidly growing and redeveloping communities with the needs of businesses and industries to grow and prosper. We bring advanced measuring techniques to assess the qualities of the soundscape, or acoustical landscape, of each community to the project. These techniques have been developed through Professor Siebein’s research at the University of Florida. This is an interactive process involving city planners, business owners and residents designing for positive sonic qualities in communities to enhance the quality of urban life while reducing, buffering and mitigating undesirable sounds before they arise. Municipalities including Dunedin, Sarasota, Bradenton, Tampa, and Daytona Beach in Florida and Hilton Head Island, South Carolina have engaged our firm to develop sophisticated ordinances that are necessary to build a sense of community between the residents and commercial enterprises that comprise the fabric of the new American urban center. One of the principles for legal requirements for defensible noise ordinances is that the ordinance is tailored to the distinctive acoustic environment of the specific community. Therefore, we measure and monitor ambient sound levels within the environment so that a detailed profile of the sonic variance within communities can be developed. NOISE ORDINANCE REVIEW AND / OR DEVELOPMENT 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC HOW WE DO IT Siebein Associates, Inc. has developed innovative urban soundscape design, analysis and mitigation approaches to design healthful sonic environments. This work has been widely published by Senior Principal Gary Siebein and has helped define the field of applied soundscape design. His latest publication is a book chapter in a soundscape design handbook forthcoming from Springer. This process can limit the impact of potential noise sources and optimize the points- of-view of all stakeholders with highly creative, technically sophisticated acoustical solutions. We use an interactive process to explore design solutions through a multi-discipline effort that includes the Client, county planners, government officials, developers, design team members, and citizens. The soundscape design and planning process involves: • Soundwalks to identify acoustic zones and issues; • Focus group discussions and evaluation to identify issues and concerns; • Long term monitoring of sound levels at critical locations; • Short term measurements and calibrated recordings of specific acoustic events that comprise the ambient with adequate resolution to distill the source and meaning of the many sounds that comprise the ambient; • Mapping of existing and proposed situations; • Modeling of proposed interventions; • Auralizations of potential solutions for review by focus groups. We have developed a method to analyze potential noise impacts from new developments and large scale projects to allow detailed enough assessment of the sounds at individual locations in a community to design for true “net zero” noise impacts when this is necessary to achieve. In other words, facilities that produce sounds that travel off-site can be designed so that they can achieve sound levels that are within the range of existing background sound levels even under adverse weather conditions. This important analysis technique has been refined through our design work for a number of private and municipal clients facing severe acoustical challenges. If the situation allows, a weighted sound pressure x impacted property metric can be used as a quantitative method to assess the number and magnitude of impacted properties for a base condition and for mitigation options. This approach has been successfully used to evaluate potential impacts and the viability of alternative mitigation options from shooting ranges among other project types and can be easily transferred to amplified entertainment venues. FIRM INNOVATION Our typical process for soundscape assessment and design includes, but is not limited to: • Project Kick-off, Work Plan and Initial Research -Initial Meeting -Public Outreach Meetings -Developer Meeting -Plan Preparations -Data Review -Literature Review -Review Meetings with Stakeholders • Comprehensive Sound Study -Topographical Review -Control Survey -Event Sound Impact -Sound System Evaluation -Traffic Sound Assessment -Time/Day Sound Assessment -Monitor Location Evaluation -Compare Data -Compliance Evaluation • Sound Level Measurements • Data Analysis of Measurement Data • Reports and Presentations of Initial Findings • Recommendations -Sound Impact -Ordinance Proposals -Contractual Compliance -Monitoring Devices -Engineering and Design -Computer Model Studies and Data Analysis • Final Reporting OUR PROCESS PRELIMINARY SITE NOISE STUDYVEHICULAR NOISE PRELIMINARY SITE NOISE STUDY TRAIN PASSING BY 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC WHY WE DO IT Siebein Associates, Inc. exists to increase public awareness of exceptional acoustics, to provide state-of-the art acoustical consulting services for a wide variety of projects, and to enrich the basic quality of community life through ongoing research and practice in building and environmental acoustics. The firm is dedicated to achieving acoustical excellence and accomplishes success by utilizing a combination of creative thinking, extensive project experience, innovative acoustical design techniques and a team oriented approach to work in a fully integrated way with clients, architects, user groups and other key design team members to establish unique acoustical identities specific to the needs and ambitions of each individual project. “We are grateful for their excellent work.” The end result: simply stunning. These impressive elements are an unmistakable testament to the field knowledge, effective design approach, and attention to detail which characterize the Siebein Associates, Inc. team. While always adhering to exact scientific standards, this unit has never failed to surpass my personal standards in terms of quality and aesthetics. Dr. Jonathan Steele, Dean College of Fine Arts and Humanities St. Petersburg College “They worked seamlessly and professionally with our district personnel, architect, and myself to achieve our specific goals and needs.” Dr. Craig Collins, Dean College of Arts and Media Southeastern University “The expertise and overall knowledge of acoustical design and testing that Siebein Acoustic possesses is by far, superior to anyone else in the nation.” Bill Bergiadis, CEO Troy Acoustics MISSION At Siebein Associates, Inc. our company’s values and design principles are philosophically grounded, theory-based and practice driven. We rely on our team’s innovation, expertise, collaboration, inspiration, resourcefulness, artful designs, scientific methods and proven results to achieve superior acoustical design. Dear Gary, Your article from Noise-Con last fall (Reno, October: Case studies illustrating the importance of ….) came across my desk and I was yet again impressed by the practical and clear manner in which you presented your case studies. I shared this with the acoustics class I teach at M.I.T. as an example of thoughtful technical presentation, and it was a great way to discuss impact noise with its problems and challenges. Thanks again for such well-presented work. Carl J. Rosenberg, Principal Accentech Gary and Team: “Thanks for the very good report of the work you have done. Gary’s presentation before the City Commission summarized the results very well in the brief period allotted. The pace, succinctness, and preparation kept it from tediousness. Very good!” Henry Gotch Florida Rock Industries Dear Gary, As I hope I have expressed to you on many occasions, it was an absolute pleasure working with you and we could not have achieved the result that we did without your great work and the work of your colleagues. J. Wiley Hicks The Law Office of Wiley Hicks I have been pleased with the renovation. I have noticed a dramatic reduction in the echo in the room. Overall, I am happy with the results.” Thanks, Paul Rayius Band Director Osceola Middle School “I had no idea it was going to turn out like this. It’s magnificent. There’s not a bad seat in the house.” Stu and Sally Krell Charlotte Performing Arts Center 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Grassy Waters Preserve Environmental Acoustic Assessment West Palm Beach, Florida Soundscape Analysis and Acoustical Design Strategies for an Urban Community Development Gainesville, Florida Overall establishment of an acoustical landscape (soundscape) is a fundamental source of sonic information that is useful in initiating urban design and planning strategies. Environmental acoustics (soundscape or acoustical landscape) of a western section of Gainesville, Florida was studied for its urban transportation and community development by means of both quantitative measurements and qualitative assessments. Effects of environmental acoustics on the project area in the existing and future contexts were also analyzed to suggest acoustical urban design strategies that can be implemented at the initial community design phase. The community was acoustically characterized and analyzed by means of quantitative measurements and qualitative assessments by observation. The measurements included instantaneous, 1-minute short-term and 24-hour long-term measurements. The parameters involved in these measurements are A-weighted average Lp, Leq, Lmax, Lmin and LDN. The overall sonic environment of the community as well as the types of sounds that are desirable and noises that are not desirable in the existing and future contexts were identified. It was found that the project area was dominated mostly by traffic noise coming from several major transit roads including an interstate highway. Fire alarms coming from a fire station that is in the middle of the project area occasionally intruded upon the community. Particularly after a few planned transit roadways are newly constructed, traffic noise was expected to affect all over the project area. Sounds that should be preserved included some natural sounds currently present around the cemetery and the northern wetland as well as people activity and natural sounds present in and around Forest Park. Some other people activity sounds are expected to be added primarily along the new cycling trail according to analysis of sonic characteristics on the proposed various land-use development plan. Acoustical urban design strategies were suggested to reduce, buffer or mitigate any undesirable sounds and to preserve any desirable sounds in the existing and future contexts. The strategies controlling the undesirable sounds included landscaping system, barrier wall system, vegetation, buffer zoning, sound masking method, source treatment using enclosures, etc. The strategies protecting the desirable sounds included site planning, building orientation, etc. In addition, combined multiple strategies were suggested and applied for the specific urban transportation and community design plans that were proposed without acoustical consideration by architectural designers. Other acoustical design suggestions were further made, including allocation of the new cycling trail along the roadways or various types of land-use areas. Soundscape analysis should not be the last agenda to be executed when an urban community is designed or developed. Its results or effects can sometimes be more momentous than expected and therefore, should be reflected in the initial phase of an urban design. Soundscape study would be even critically required where environmental sounds directly affect an ecosystem or people. Siebein Associates conducted an Environmental Acoustic Assessment for the Expansion of SR7 on the Grassy Waters Preserve. We assessed the existing acoustical conditions on the Grassy Waters site; conducted a review of acoustic criteria from FDOT, FHWA and the technical literature on noise levels interfering with communication among birds; estimates of noise levels from traffic on the Grassy Waters site for the current conditions; the 2040 build alternative for the SR 7 expansion; the 2040 no-build alternative; and provided acoustical design recommendations for possible noise mitigation options to reduce the projected future noise levels attributed to the SR 7 expansion to criterion levels. We conducted two types of acoustical measurements in the Preserve. Long term measurements of average sound levels in the preserve were taken to document the general levels and time histories of sounds as they vary over the course of the day and the week at key locations in the preserve. Short term measurements of specific acoustic events were taken to record the sound level versus frequency or pitch characteristics of the individual sounds that comprise the soundscape of the preserve. The acoustical measurement locations were selected to represent the acoustical zones of the site. The acoustical zones consisted of areas dominated by traffic noise; public use areas including board walks and pavilions on the paths of the site accessible by land; and locations within the preserve at distances away from the boundaries of the preserve where anthropogenic sounds are reduced in quantity and level. We also conducted a traffic noise study involving present and future predicted traffic conditions and constructed computer models to determine noise mitigation design for present conditions as well as future predicted conditions. We were able to conclude from our environmental acoustic assessment that sound levels from the SR 7 expansion would increase the area of the Grassy Waters Preserve that is impacted by noise levels above the FDOT criterion of 56 dBA for lands on which serenity and quiet are of extraordinary significance and the 50 dBA levels contained in the literature as adversely affecting bird communication by approximately 420 and 600 acres respectively. The future traffic noise levels could be reduced to approach the criterion levels by construction of a sound barrier wall or berm along the SR 7 right-of-way that is approximately 8 ft. tall to approach the 56 dBA criterion and 16 ft tall to approach the 50 dBA criterion. Our assessment also revealed approximately 300 acres that would be impacted by the FDOT criterion of 15 dBA increase in sound level above the existing ambient sound levels. Existing ambient sound levels indicated by the L90 were 37 to 38 dBA along the western side of the site. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC City of Greenville Urban Soundscape StudyGreenville, South Carolina Greenville, South Carolina has a thriving revitalized mixed- use downtown core with a combination of historic buildings, modern mixed-use occupancies, retail establishments, hotels and performing and visual art spaces making it an exciting and engaging soundscape. The area has been thoughtfully designed and planned with shaded sidewalks and on-street parking making access to the urban core convenient for visitors. Siebein Associates, Inc. provided a sound study of the downtown area to assist the City in understanding the complexities of the soundscapes and how they changes from morning, to afternoon and evening. We conducted acoustical measurements during a seriies of soundwalks in areas determined by the City. Our consultants conducted acoustical analysis of the measurement data and provided acoustical design recommendations to assist in determing appropriate adjustments to the noise ordinance and other noise related planning documents for the City and to maintain the compatibility of the various sound sources and venues in Greenville. City of Fort Lauderdale Urban Soundscape StudyFort Lauderdale, Florida image credit Walker and Dunlop image credit City of Fort Lauderdale Siebein Associates along with the University of Florida School of Archtiecture and the Florida Atlantic University School of Architecture formed a Soundscape Team to sustainably and comprehensively address the complex soundscape of Fort Lauderdale’s dense mixed-use urban core. We utlized state-of-the-art methods in acoustical measurement and analysis, visualization, architecture and planning to creatively address current and future soundscape issues in representative districts, zones and neighborhoods in the City of Fort Lauderdale. We employed a comprehensive palette of strategies to preserve and enhance desirable sounds; reduce, buffer and mitigate unwanted sounds; and carefully insert new activities and new sounds into the Ft. Lauderdale urban soundscape. We used these strategies to work very closely with City staff and neighborhood groups to address the areas of acoustic concern in each of the areas studied to collaboratively engage all the stakeholders in the process. One of the hallmarks of soundscape theory is the thought that the sounds in urban areas are the results of the activities of people as they live, work, play and otherwise engage the City in their daily lives. Therefore, these sounds are necessary to the functioning of the City and its citizens. The creative soundscape design process envisioned by our Soundscape Team involved working with the citizens and the City to reimagine the urban fabric and create environments where these activities can prosper and contribute in a positive sense to the life of each of the citizens, both now and in the future. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Center Place is a proposed mixed-use community in south Florida. The community is situated on a site that is approximately one mile square that is to be built as a university village for over 10,000 new residents. There is an urban core that is sustainable, walkable and livable, with a town center designed around a large public plaza, movie theater, hotel and convention center, restaurant with outdoor dining, large format grocery store, many small retail shops and multiple types of residences including individual apartments, condominium units, townhomes and detached single family housing. Siebein Associates developed strategies to control the soundscape from the mixed-use portion of the site to reduce, mitigate and buffer sounds created on site so that they would not disturb neighbors in an existing development to the south of the site. Detailed computer models were created to model the impact of the amphitheater, and other various potential noise sources within the community as well as across the lake in an existing community. Siebein Associates went to several similar existing sites to measure sounds typical of an inhabited mixed-use space such as live outdoor music, restaurants with outdoor dining, and amplified speech and music during a festival, and used these sound sources in our models. By using this innovative approach, we were able to successfully plan and design the acoustic components of the urban core of the community so that it would not impact the surrounding neighborhoods and would fulfill the vision for the project as a lively, vibrant urban core with true sustainable live-work-play function integrated within the fabric of the community. Center PlaceFort Myers, FL Siebein Associates was engaged by Lake Nona to conduct an environmental acoustic assessment to with long term and short term airborne noise and ground borne vibration measurements; noise mapping of sounds from aircraft overflights from Orlando International Airport, which lies immediately to the north of the development; and then develop land use compatibility plans for the community and noise mitigation plans for specific building types in different areas of the community. The master plan for the community included many single family residences, from economical homes less than 1000 sq. ft to large luxury homes > 5000 sq ft and everything in between. There were also densely populated areas with multi-family housing of various types, several large hospitals and medical research centers, a university, schools, a town center with retail, commercial and office occupancies and many recreational areas. Siebein Associates, Inc., developed requirements for each building type in each noise zone of the site for outside to inside transmission loss or outside to inside noise level reduction (NLR) for the building envelope systems as well as planning guidelines in terms of which activities should be located on which portions of the site. Many of the homes, hospitals, research institutes, schools and town center facilities are built out with a fully functioning community developed in close proximity to a major international airport where planning for the sound environment during the earliest stages of the project was initiated to manage potential noise impacts to the greatest extent practicable. Lake Nona Community Noise Monitoring Mapping and Land Use Compatibility StudyOrlando, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC This 180-acre urban park has a Welcome Center, Nature Center, Children’s Museum, Event Center, a botanical garden, a full-service restaurant, an event lawn with amphitheater for concerts and festivals, a tree house, a tea house, a nature playground, and many walking and bike paths. Siebein Associates provided soundscape concept design and planning strategies for the park as a whole including a sonic design charette to discuss intentions and strategies with the Design Team and user groups and to draw out issues and approaches for consideration as the project progresses. Our consultants conducted base line sound and vibration measurements of the rail, road traffic and industrial noises near the site as well as the more pleasant, atmospheric sounds of the lake, neighborhoods and marshes that currently exist. We defined acoustical criteria for indoor and outdoor program spaces and developing an Acoustical Program that draws on the sounds and other sensory/ perceptual/experiential aspects of the garden, buildings and park spaces. We provided noise mitigation concepts and acoustical interventions as part of the emerging site planning and landscape/ soundscape design for the facility to draw attention away from the existing sounds of the site if needed. Siebein Associates, Inc. also provided acoustical design approaches for interior finish systems, sound isolation systems, exterior skin systems and mechanical system noise and vibration control systems during Design Development and review of the systems as they are implemented in the Construction Documents phase of the project culminating with providing assistance to the Architect with specifications and details of selected acoustical systems. Bonnet Springs Park Soundscape Design and PlanningLakeland, FL The Marie Selby Botanical Gardens is a 15-acre oasis located in downtown Sarasota. It is dedicated to education, research and conservation of orchids, bromeliads, gesneriads, epiphytes and tropical plants. Visitors can explore a rainforest garden, tropical conservatory, bamboo garden, banyan groves featuring nearly 100-year old specimens, fern gardens, a koi pond and a boardwalk that meanders through a mangrove colony. Each year more than 230,000 visitors experience the gardens. In an effort to grow the walkable garden space and to protect the scientific collection from future sea level rise, the institution planned a $92 million expansion plant research building, a solar-powered rooftop restaurant and a recreational trail. The expansion plan was designed to increase garden space by 50% within the existing footprint and to add more public park space. The gardens are surrounded by residential and mixed-use properties. Residents were concerned about the increased level of noise that would be generated by the new buildings and increased traffic. Siebein Associates conducted extensive site noise studies at multiple locations within the park, reviewed City noise ordinances, performed sophisticated acoustical analysis, developed noise contour mapping and constructed 3D computer models of the proposed buildings and soundscapes. We provided acoustical design recommendations for noise mitigation of the existing and proposed designs to keep noise levels within City Noise Ordinance levels. We attended multiple Plan Board Meetings presenting our findings and our acoustical recommendations to Board Members, City Staff, attorneys and residents. Marie Selby Botanical Gardens Sound Studies and Soundscape AnalysisSarasota, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC The City of Clearwater approved an $84M master plan to redevelop and rebrand its aging and underutilized waterfront buildings and spaces into a unified community-strengthening asset where residents of Clearwater can live, work and play. The new park will have a concert green with a 4,000 seat under roof amphitheater with over 10,000 additional seats on the lawn, a shaded half-mile waterfront walkway, gardens, event areas and more. Siebein Associates conducted event noise monitoring and base line ambient sound level measurement for the proposed amphitheater, reviewed City Noise Ordinances and conducted a design charette to provide concept design and shaping of the amphitheater enclosure based on the acoustical analysis of the measurements conducted. Our consultants are conducting acoustical analysis and constructing 3D computer models of the amphitheater to study shaping and materials relative to sound projection from natural acoustic and amplified sources. We are providing recommendations for acoustic finish materials to optimize the natural acoustics of the facility for natural and amplified acoustics and to allow for integration of sound reinforcement, lighting and rigging systems. Siebein Associates is also providing comprehensive acoustical design of the state-of-the-art audio/video systems for the amphitheater. Imagine Clearwater Coachman Park Sound Study and Soundscape AnalysisClearwater, FL The Villages, located in central Florida, is one of the fastest growing 55+ retirement communities in the United States, growing more than 37% since 2010 to over 122,000 residents. The master-planned community extends across large areas of 3 counties and offers homes villas, doctors and hospitals, town squares, entertainment, shopping and dining, recreation, golf and so much more. The community is designed to avoid the highways and turnpikes so that residents can use their golf carts to travel around The Villages. The developer carefully designed strategically placed bridges over the main thoroughfares, highways and turnpikes allowing safe and uninterrupted access for residents driving golf carts. Very recently, The Villages acquired an additional 10,000 acres with initial plans to build approximately 4,500 homes and commercial developments. With walking trails and golf cart trails running alongside busy highways and some of the homesites fairly close to the roadways, the developer sought Siebein Associates’ expertise in soundscape planning to conceptualize strategies to buffer traffic noise from the homes, recreational facilities and their amenities. Siebein Associates conducted extensive site noise studies and acoustical measurements over several miles of roadways that run through the development site. We performed extensive acoustical analysis, developed noise contour mapping and constructed 3D computer models of the soundscapes of the development. We attended multiple planning meetings and provided acoustical design recommendations for noise mitigation including natural berms and sound walls to buffer and mitigate the sounds of traffic noise and planning the trails and walkways to maximize the existing environment as a natural buffer. The natural contours of the site, topography of golf courses, amenities and buffers, and strategic conservation area planning are all considered in the soundscape analysis. The Villages Florida Turnpike PlanningThe Villages, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC The Spirit of the Suwanee is a music park and campground that hosts a variety of mostly outdoor musical events throughout each year. The venue has a natural amphitheater and a music hall and offers several options for camping including RVs, tents, cabin rentals and even horse camping. For it’s annual Hulaween event which features multiple bands performing on multiple stages, the venue owner engaged Siebein Associates to conduct acoustical measurements and observations during the event. Five consultants from Siebein Associates conducted acoustical measurements onsite over the course of the 4 day / 3 night event. We conducted weighted average measurements to estimate potential noise exposure near the stage areas. We conducted acoustical measurements at or near residences and provided prompt alerts to the Client when any of the 5 minute LAeq measurements at the locations exceeded the sound levels specified by the Client. Our consultants reviewed drawings and layouts of the performance areas, analyzed the data from the acoustical measurements in our lab, conducted acoustical analysis of various noise mitigation options and provided the Client with conceptual acoustical recommendations on noise mitigation strategies. Suwannee Hulaween Event Noise MonitoringLive Oak, FL Siebein Associates, Inc. conducted an acoustical review of the proposed revisions to the City of Dunedin Noise Ordinance to investigate specific issues related to amplified music and/or human voices propagating from various entertainment and dining establishments to adjoining residences. A series of acoustical measurements were made at locations around the community and in the vicinity of the entertainment and dining establishments to document existing sound levels and identify acoustical zones within the City. Our analysis revealed the entertainment and dining establishments were generally in compliance with the sound level limits in most noise ordinances, but they were very close to the point where exceedances and disturbances could occur with minor adjustments of the sound systems. Nine acoustical zones were identified in the community with specific acoustical attributes. Each zone included an entertainment establishment, surrounded by several residences where a large number of complaints stemmed from. The residences around the establishment were found to create a noise barrier, wherein the sound traveled from the establishment and was directed to the residences directly surrounding it. The residents in these houses bore the brunt of the sonic impact, and therefore received the loudest sound levels, as their houses literally became sound walls to the rest of the neighboring houses. After modeling the sound and comparing with field measurements, it was determined that the residents who were originally considered “super-sensitive” neighbors to the bar owners, were in fact, exposed to much higher sound levels than everyone else around them, and there was scientific evidence to prove this. This was a pivotal finding in our study, as each zone experienced this same phenomenon. It was due to these extensive acoustic measurements that recommendations for fine tuning of technical provisions in the proposed noise ordinance could be provided. Siebein Associates was able to help review and revise the noise ordinance so that it could be rooted in the acoustic characteristics of the community. Dunedin Noise Ordinance DevelopmentDunedin, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Relevant Project Experience Green Iguana Noise Study, Tampa, FL Siebein Associates, Inc. conducted acoustical measurements with real time analyzers in the Green Iguana Bar and Grille and at two residential sites that were sources of noise complaints from sounds propagated from the Green Iguana Bar and Grille/Veterans Expressway area location during nighttime hours. Acoustical recommendations to meet the requirements of the Rules of the Environmental Protection Commission (EPC) of Hillsborough County were then given to the Green Iguana based on the onsite acoustical measurements, consultant observations, and data analysis that was performed in the Siebein Associates office. South Daytona Beach City Noise Ordinance Study, South Daytona Beach, FL Siebein Associates, Inc. performed acoustical measurements of ambient conditions and compared them with acoustic measurements taken while a particularly troublesome dining establishment was operating. A review of the current noise ordinance was performed and comments and recommendations were provided to reduce the noise levels from the dining establishment. Hard Rock Cafe, Hollywood, CA The Hard Rock Hollywood planned to open in an existing upscale shopping mall and had to meet stipulated sound level limits. The surrounding stores had relatively low ambient sound levels and required a certain acoustic environment to maintain that atmosphere. Siebein Associates worked with the Architect and design team to develop substantial sound isolation so that sounds from Hard Rock would not disturb the nearby tenants. Acoustic finishes were designed to control excessive reverberation inside the rooms. We worked with the sound system to optimize coverage and reduce unnecessary spill into areas that did not need the sound. We recommended overall and low frequency sound levels that Hard Rock could play and still be in compliance with the lease terms. Through a combination of upgrades to the building infrastructure, acoustic finishes within the rooms, and fine tuning of the sound system, the stringent lease conditions were able to be met and sound bleed to the neighboring shops was minimized. Seminole Paradise Theater, Hollywood, FL The Seminole Hard Rock Casino planned to build a large-scale multi-purpose arena seating 5,500, to host everything from big name entertainers and comedians to sporting events including boxing, tennis, rodeos, tractor-pulls and other various events. The acoustic design of this space needed to be versatile enough to provide excellent sound quality regardless of the function. Siebein Associates worked with the design team to provide aesthetically-pleasing acoustic finishes in the room. We also worked to design the building envelope so that the sounds made within the building would be contained and meet the local noise ordinance. Large AHU’s had been placed on the roof top of the arena and Siebein Associates provided noise and vibration control to keep them quiet. Designing the acoustic finishes, exterior building skin and providing noise and vibration control for the HVAC allowed this arena to function in any of the ways it’s used. Examples of Traffic Noise Studies for Future Developments Murphy Oaks HUD Traffic Noise Study, Venice, FL Siebein Associates conducted a site noise study using the HUD site noise assessment tool We also provided acoustical design recommendations for a noise barrier wall design to meet HUD recommendations for reducing traffic noise levels to 65 dBA or less. Siebein Associates conducted a HUD traffic noise assessment, for the proposed Murphy Oaks project to determine if the site met HUD and country criteria for sound levels at residential properties. The study was conducted utilizing the HUD online Barrier Performance Module calculator to determine the minimum height of a noise barrier along the east and north sides of the proposed property to reduce traffic noise levels to 65 dBA or less as recommended by HUD. A three-dimensional model was also constructed by Siebein to verify the minimum height of the noise barrier recommended by the HUD online Barrier Performance Module calculator. Two calculation standard modules were used: • Traffic Noise Module (TNM) Version 2.5: This is the current model version that complies with the requirements of federal-aid highway projects as determined by the Federal Highway Administration (FHWA). • RLS90 Guidelines for Noise Control at Roads: This is an evaluation model of noise levels produced by the flow of traffic as published by the German Federal Ministry of Transportation. The results of the study indicated that at a minimum a 12 ft. tall noise barrier or barrier and berm combination along the eastern property line and along 500 ft. of the property line to the north-east of the site was needed to decrease noise to the minimally acceptable range designed by HUD. We also provided design recommendations for a 16 ft. tall noise barrier or barrier and berm combination along the eastern property line and along 500 ft. of the property line to the north-east of the site. GL Homes Greystone HUD Noise Assessment, Palm Beach, FL Siebein Associates provided a traffic noise assessment and noise mitigation strategy for a proposed GreyStone development project in Palm Beach County, Florida to determine the noise levels in the community and to provide barrier height and location recommendations to meet the HUD Noise Assessment Guideline sound levels of 65 dBA or less. Our consultants modeled several receiver locations of the property at various distances from the future expansion plans for a turnpike along the western portion of the proposed development. Processing and analyzing the traffic and community noise data collected by our traffic noise assessments and using preliminary DDHVs developed for the Palm Beach County Corridor study, Siebein Associates was able to calculate LDN levels for the western portions of the proposed project. We provided acoustical recommendations for a barrier height of 15.5’ maintained at a distance of 170’ from the nearest traffic lane after the future expansion of the turnpike that would also wrap around the northern and southern sections of the proposed development. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Ybor City is an entertainment district located in the historic urban fabric of Tampa, Florida that consisted of multiple city blocks of night clubs and entertainment facilities. There has been tremendous urban renewal in recent years consisting of many commercial and mixed use residential properties being developed in the district. Clubs have also proliferated with the growth the area has seen. This resulted in an uneasy tension between night clubs and entertainment establishments on the one hand and the residents and other commercial establishments on the other. Residents and shoppers felt they were exposed to excessive noise levels from the clubs and entertainment venues that interfered with their normal activities. Siebein Associates, Inc. conducted a study to assist a consortium of stake holder groups consisting of the City, law enforcement personnel, club owners, residents and others to develop revisions to the noise ordinance to reflect the new complexities of urban life in the district. Siebein Associates, Inc. developed special sound level meters that could be worn in a “fanny pack” with microphones hidden at the ears of a person to record sounds produced by clubs without having to be obvious that sound samples were being taken. In the past, when club operators saw officers approaching to take sound level readings they would simply turn down the volume of the sound system so violations of the noise ordinance could not be recorded. The “undercover” sound measurements demonstrated that the existing ordinance was being violated by many establishments on a continuous basis and that sound levels in residential streets and inside residences were exceeding the noise ordinance requirements. Police officers working in the streets were also outfitted with dosimeters to record their noise dose. It was found that all officers received levels in excess of OSHA levels for all the shifts during which data were recorded. Siebein Associates presented findings to stake holder groups to seek consensus for revisions to the ordinance, testimony was presented at City Commission hearings and consultations with City legal staff were conducted to draft appropriate language in the ordinance revisions. Ybor City Noise Ordinance StudyYbor City, FL Aaron Bessant Amphitheater is an outdoor performance space located in the center of Pier Park, a park with walking trails and a war memorial adjacent to a major shopping area and the Gulf of Mexico in Panama City Beach. The amphitheater is used to bring in a variety of regional and national talent who perform rock, country and popular amplified music as well as smaller local groups who perform reinforced or natural acoustic pieces. The Gulf of Mexico is located to the south of the site. There are residential neighborhoods that surround the amphitheater. The amphitheater consists of a 60′x40′ stage with an 8′ thrust out front increasing the stage area considerably. Siebein Associates was involved from the beginning of the planning process of the amphitheater by performing an environmental acoustic study to determine the potential acoustic impact the amphitheater would have on the community and to promote soundscape compatibility planning concepts in the basic design of the facility. Acoustical modeling and analysis was performed to determine the most suitable orientation on the site for the amphitheater to optimize acoustical compatibility and reduce noise spill to the neighboring residences. Acoustical measurements were made in the various communities surrounding the amphitheater to document ambient sound levels, so as to compare them with projected sound levels during events. Siebein Associates also designed the acoustic finishes in the amphitheater, including strategically placed sound absorbing material on the inside of the enclosure to reduce reflections from monitor loudspeakers and carefully design overhead reflectors to propagate natural sound evenly across the audience seating area. The firm also designed the sound system, including the house speaker system that was seamlessly integrated with the architectural design of the facility. The sound system has the flexibility for performers to plug their own gear and speakers into if necessary. Gary Siebein participated in many stakeholder meetings with city officials and the public, presented his findings at these meetings and participated in “Question and Answer” sessions to educate the public on the ways that the acoustic issues of the project were resolved in the final design. Siebein Associates also devised a sound management plan, where sound levels could be measured in the surrounding neighborhoods during events, and sound levels could be adjusted to ensure the amplified music stayed within noise ordinance limits. Aaron Bessant Park AmphitheaterPanama City Beach, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Amplified rock concerts at a 20,000 seat amphitheater in Tampa, Florida were disturbing residents up to 4 miles away. Siebein Associates assisted the Hillsborough County Environmental Protection Commission and their technical and legal staffs in a number of legal actions against the amphitheater operator to enforce the existing County Noise Ordinance and reach a settlement agreement between the City and the amphitheater. Work on the case involved sophisticated acoustical monitoring of multiple events at the amphitheater, data analysis, meetings with neighborhood groups regarding noise complaints, meetings with City, EPC and legal staff, City Commissioners and others involved with the case, as well as expert testimony at a number of public hearings and court hearings and trials. Aural simulations of projected noise levels were extensively used in the public hearings and court testimony. Aural simulations involve calibrated, high resolution recording of the sounds heard in residents’ yards and homes. The recorded sounds were digitally processed to simulate the sounds that violated the noise ordinance as they were heard and at levels adjusted to simulate the sounds as they would be heard at various sound levels proposed by different parties in the settlement agreement calibrated in the court room and commission chamber to actual levels that would be heard at specific locations in the neighborhood. The use of this technology allowed the judge, legal staff, citizens and others to hear how the proposed ordinance revisions would sound as opposed to just discussing decibel levels as abstract quantities. A three part noise mitigation plan was proposed involving infrastructure improvements, administrative controls and audio system controls. Amphitheater Noise Impact AnalysisTampa, FL A large number of residents in Daytona Beach have become concerned about the growth of Bike Week activities. The Chamber of Commerce, the City and a number of stake holder groups supported a noise study of Bike Week activities that included measurement of sounds at multiple locations throughout the City during Bike Week and during a month when there were no special events. Bike Week activities include the millions of people riding motorcycles through City streets, amplified music from entertainment establishments, amplified speech from commercial establishments announcing events in their venues, noise associated with large numbers of people congregating in public streets, parks and other areas as well as the normal day-to-day sounds of the community. A multi-component noise mitigation plan was developed in conjunction with the City and Chamber of Commerce and other stake holder groups that included long term education and awareness programs to increase bikers awareness of the noise problems perceived by residents and methods to reduce noise disturbances; traffic planning to reduce the number of motorcycles driving unnecessarily through residential areas; sound level limits for amplified music production for clubs; law enforcement protocols for noise enforcement; and other items to strike a reasonable balance between the visitors, commercial establishments and residents. Siebein Associates presented testimony at a number of workshops and public hearings in support of the noise mitigation plan that was implemented. Daytona Beach Bike Week Noise Impact AnalysisDaytona Beach, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC Citizens in the City of Sarasota raised concerns to the City Commission that noise propagating from a number of entertainment establishments was creating disturbances in their homes particularly late at night. Law enforcement officers generally found that the sounds complied with the existing noise ordinance, but still resulted in numerous and vigorous complaints from residents. The noise problems were largely caused by propagation of “deep, bass, thumping sounds” from amplified music played in indoor, partially enclosed and outdoor entertainment venues. The existing City Noise Ordinance contained provisions to use the A-weighted decibel (dBA) scale to measure compliance. Large amounts of low frequency or bass sound energy is subtracted from the overall sound levels when the A-weighting filter is applied. Therefore, even though the low frequency (or bass) sounds could be heard as a series of “deep bass thumps” inside homes located at large distances from the entertainment establishments, the establishments complied with the current law and no remedial action could be taken by the City. The Mayor established a Blue Ribbon Committee to study the issue, engage consultants and develop proposals to revise the law and ease tensions between residents and commercial establishments. Siebein Associates, Inc. was engaged after several other consultants had worked on the project and failed to satisfactorily resolve the situation. Detailed measurements were taken throughout the community to document quantitative and qualitative aspects of the soundscape or acoustical environment in the different districts of the city. Meetings were held with various stake holder groups including politicians, law enforcement officers, night club owners, various residential groups and home owners associations to document the complex acoustical concerns that were involved. A series of experiments were conducted where amplified music was played at controlled levels from clubs and measured simultaneously at the club and inside peoples’ homes to document the effect that different music sound levels had at various locations in the community. Recommendations for improvements to the infrastructure of the clubs, allowable sound levels and audio system controls were presented to the City. Noise Impact Study for the Blue Ribbon Committee on Deep Bass Thumping NoiseSarasota, FL As part of a planned renovation of the historic Leslie Hotel, the owner proposed to add a rooftop terrace and pool for guests of the hotel. Siebein Associates, Inc., was hired by the City of Miami Beach to conduct a study of potential noise impacts from this type of rooftop use on The Islander Condominium building located immediately to the northeast of The Leslie, and to propose noise reduction strategies to reduce off-site noise propagation. Acoustical measurements of ambient sound levels on the balcony of an upper level Islander Condo Unit overlooking The Leslie Rooftop were made each minute over a one week period to quantify the existing range of typical sound levels at the Islander Condo throughout the day and night. Computer models were developed to estimate the sound level at The Islander from potential noise sources on The Leslie Hotel roof terraces as currently designed and with various noise mitigation options. The firm worked with the City of Miami Beach Planning Department and the Applicant to respond to various uses considered for the roof terraces. Recommendations for reducing the noise from proposed activities at the roof terraces, as well as a summary of potential sound levels at The Islander were provided in a report submitted to the Historic Preservation Board. The Leslie Hotel Rooftop Terrace Acoustic AssessmentMiami Beach, FL 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC “Not in My Back Yard!” When neighboring residents of Sarasota Memorial Hospital discovered that the existing Central Energy Plant (CEP) on the “far” side of the Hospital was to be demolished and replaced with a new, larger Central Energy Plant located immediately adjacent to their neighborhood, they quickly mobilized to protest the change. They formed a community action committee and established “Stop the Power Plant.com” website. One of their primary concerns was potential noise emissions from the large cooling towers, emergency generators, chillers, and boilers that would be housed at the Plant. Siebein Associates, Inc., was engaged early in the process to meet with concerned citizens, present the scientific basis for design solutions that would meet the “net zero” noise impacts required by the hospital, work with the Architect and Engineers to design the Plant, and conduct compliance measurements upon completion of the plant.“Getting Everyone on the Same Page” Early sentiment among residents was one of skepticism. They didn’t believe that a CEP of this magnitude could be built so close without a noise impact. Siebein Associates conducted a series of workshops in concert with the Architect, Engineers, Hospital Staff and Residents while simultaneously undertaking a large scale Environmental Acoustical Assessment (EAA) of the existing ambient sound conditions in the neighborhood. The EAA consisted of taking short term acoustical measurements of ambient sound levels at more than 20 locations spanning a 14 block area in and around the Hospital, long term measurements of ambient sounds at four key receptor locations, recording high resolution ambient sounds in the neighborhood, and recordings of cooling tower sounds at a similar energy plant at a hospital in Charlotte, North Carolina. The potential noise impacts of several alternative design options and noise mitigation strategies for the cooling towers were modeled. A presentation to the residents that included estimated cooling tower sounds in the presence of ambient neighborhood sounds played through loudspeakers in an auditorium was well received. This presentation led to requests for a “real life” demonstration in the neighborhood, as well as demands for even lower noise levels. Custom noise mitigation solutions for the cooling towers and other equipment were developed and the results were presented to the neighborhood in the form of actual cooling tower sounds broadcast through 16 loudspeakers located at the top of the a parking garage adjacent to the future site of the Plant, at the levels they would actually be heard (or not heard) in the neighborhood. This allowed residents to walk around their neighborhood all day and night over a four day period as ambient sounds changed, and listen for noise impacts from the simulated Plant. This type of “soundscape” method allowed the evaluation of the “net zero” noise impacts to occur by residents. The soundscape workshops served as a vehicle to develop productive relationships between the hospital, design team, city and neighbors. Convinced that the resulting cooling tower sounds, or lack thereof, were acceptable, the residents and the City of Sarasota gave their approval and the project was able to move forward with the design and construction of the Plant at the preferred site. “Down to The Nitty-Gritty” With the project approvals behind them, Siebein Associates was then able to focus on developing the designs, details, and acoustical performance specifications necessary to meet the “net zero” noise impacts required by the Hospital. A transparent process that allowed the community groups to review design proposals, acoustical measurement results, and specification language developed by the team kept the project moving forward while maintaining positive community relations. The firm worked intensely with the Mechanical Engineer and equipment manufacturers to develop custom solutions including 120 ft wide x 20 ft high x 13 ft long banks of industrial silencers at the intake and discharge of the generators, acoustical plenums and banks of silencers to reduce transformer exhaust fan noise, and acoustical performance specifications for the cooling towers that assigned responsibility for the resulting sound levels to the equipment manufacturer. This also including a written guarantee from the cooling tower manufacturer to meet strict octave band sound levels at a distance of 50 ft from the top of the cooling towers. These efforts resulted in a final design that met the architectural, mechanical and acoustical goals of the project. “How’s the Weather Up There?” Conducting acoustical measurements hanging from the end of a crane 100 ft above the ground at 3 o’clock in the morning is not an everyday event, but was necessary to determine compliance of the cooling tower sound levels with the project specifications. Siebein Associates had to conduct these measurements above the cooling tower, as the sound levels of the cooling tower at grade level would be too quiet to measure in the presence of the typical ambient. Due to tightly written acoustical performance specifications and the written guarantee from the manufacturer, deviations from the sound level requirements are being addressed by the cooling tower manufacturer through the implementation of additional noise mitigation elements to the towers. Sarasota Memorial Hospital Central Energy PlantSarasota, Florida Siebein Associates provided a preliminary concept narrative of the acoustical requirements for the new Central Utility Plant at the Mease Countryside Hospital in Safety Harbor, Florida including acoustical recommendations for cooling towers, emergency generators, pump/boiler/chiller rooms and vibration isolation of equipment. Our consultants held a design charette with stakeholders to address Safety Harbor and Pinellas County noise ordinances, prioritization of CUP noise sources, tools for reducing central utility plant noise, and case studies of similar projects. Siebein Associates conducted an environmental acoustic assessment of the existing hospital and the sound levels that existed at the nearest residential and commercial property lines to the south and east of the site and provided acoustical design recommendations for the proposed new central utility plant (CUP). A computer model was developed using preliminary sound source acoustical data for the CUP equipment. The effects of distance, topography, and vegetation were included in the computer model to arrive at estimated sound levels in the community due to the CUP and preliminary noise mitigation strategies to meet several alternative design criteria. Siebein Associates conducted acoustical testing of the CUP equipment and provided acoustical analysis and recommendations for noise mitigation for mechanical equipment to meet the quantitative sound level limits of the Pinellas County Noise Ordinance. Mease Countryside Hospital Central Utility Plant Replacement ProjectSafety Harbor, Florida 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC EXPERT WITNESS 2800 SE Dune Drive Condominium Association vs. Sailfish Point Inc., Hutchinson Island, Florida Barring Industries vs. Spector Construction Co., Miami, Florida Bayview at Fisher Island vs. Crystal Spring Miami, Florida Borrelli vs. Key Biscayne Ocean Club Limited Partnership Key Biscayne, Florida Braun vs. Siegel FIIC Testing, Fort Lauderdale, Florida Ford Amphitheater Noise Impact Study (Environmental Protection Commission of Hillsborough County vs. CC Entertainment Music Florida State Fair Authority) Tampa, Florida Fox (Club Tower) vs. Sachtler Management, Miami, Florida GL Homes Davie Construction Noise Ordinance Study Coral Springs, Florida Juan de Leon vs. Comcar Industries, Inc., Tampa, Florida Manatee County Airport Overlay Professional Qualifications Review, Manatee County, Florida Manatee County Teco Arena Noise Impact Review, Manatee County, Florida Manatee County Wal Mart Supercenter Noise Impact Study (I & II), Manatee County, Florida Oneil vs. Levy County, Williston, Florida Sarabande Condominium, Saint Petersburg, Florida Sawyer Condominium, Asheville, North Carolina Schroering & Gatson vs. Clear Channel (Case No. 05-04330) Tampa, Florida Slavis Residence Acoustical Review of Floor Underlayment Materials, Fort Lauderdale, Florida Sysco Food Distribution Professional Qualifications Review Alachua, Florida Trout vs. Zivitz, Longboat Key, Florida NOISE ORDINANCE DEVELOPMENT Center Place, Fort Myers, FloridaChesapeake Noise Ordinance Acoustical Review of Proposed Changes, Chesapeake, VirginiaDunedin Noise Ordinance Development, Dunedin, FloridaRemerton Noise Ordinance Acoustical Issues, Remerton, GeorgiaLake County Acoustical Issues, Lake County, Florida Daytona Beach Noise Amendment Review, Daytona Beach, Florida Hilton Head Noise Ordinance, Hilton Head, South Carolina Lake County Community Noise Assessment, Lake County, Florida Manatee Civic Center, Manatee County, FloridaManatee County Development Stipulation, Manatee County, Florida Manatee County Noise Ordinance, Manatee County, Florida Manatee County Noise Ordinance Review 2006, Manatee County, Florida Manatee County Road Noise Stipulation, Manatee County, Florida Sarasota County Noise Ordinance and Bass Noise Ordinance, Florida Ritz Carlton Noise Ordinance Revision Review, Key Biscayne, Florida Mount Dora Noise Ordinance Revision, Florida Sarasota City Ordinance Review for Amplified Music, Sarasota, FloridaSouth Daytona Beach City Noise Ordinance Study, Daytona Beach, Florida Ybor City Noise Ordinance, Ybor City, Florida ENVIRONMENTAL NOISE IMPACT STUDIES Anderson Raceway Park Noise Study, Palmetto, FloridaGeorgia Motorcross Practice Facility, Cairo, GeorgiaBlalock Lakes Clay Pigeon Range Noise Study, Blalock, GeorgiaBonner Property Train Noise Impact Study, Sanford, FloridaCentury Plaza Environmental Acoustic Assessment, Miami, FloridaCity of Chesapeake Holy Ministries Environmental Noise Study, Chesapeake, Virginia Selected Project Experience with Regulatory, Contractual and Jurisdictional Matters Commons Town Center Noise Impact Study, Davie, Florida Crystal Lake Water Park Noise Study, Deerfield Beach, Florida Florida Hospital Generating Plant, Orlando, Florida Flower’s Bread Shop Noise Impact Study, Gainesville, Florida Georgia Motocross Practice Facility Noise Measurements, Cairo, Georgia GL Homes Greystone HUD Noise Assessment, Naples, Florida GL Homes Mecca Dubois and Voustas, Palm Beach, Florida GL Homes Mini Assemblage Traffic Noise Study, Palm Beach, Florida Jehovah’s Witness Kingdom Hall Expansion Environmental Acoustic Assessment, Naples, Florida Lake Nona Noise Study, Orlando, Florida LandMar Cargor Traffic Noise Study, Manatee County, Florida Maitland Auto Repair Shop Noise Impact Study, Maitland, Florida Manatee County Creekwood Parcel D Acoustical Review Comments, Manatee County, Florida Mynt Entertainment Noise Study, Miami Beach, Florida Park Place Town Center Environmental Acoustic Assessment, Sarasota, Florida Riva Trace Traffic Noise Study, Manatee County, Florida River Club Park Environmental Acoustic Assessment, Bradenton, Florida Sweetwater Preserve Environmental Acoustic Assessment, Bradenton, Florida Village Partners HUD Traffic Noise Assessment I4 - US27, Davenport, Florida WCI Old Palm Golf Club Traffic Noise Impact Study, Palm Beach, Florida West Kendall Baptist Hospital Environmental Acoustic Assessment, Miami, Florida INDUSTRIAL NOISE IMPACT STUDIES Alachua Partners Concrete Plant Noise Impact Review, Alachua, Florida Bellsouth Emergency Generators, Boca Raton, Florida Bellsouth Emergency Generators, Fort Lauderdale, Florida Environmental Focus Technology, Tampa, Florida Exactech Manufacturing, Inc., Gainesville, Florida Flower’s Bread Shop Noise Impact Study, Gainesville, Florida Hellman USA Headquarters Noise Impact Study, Miami, Florida Honeywell Facility, Mexicali, Mexico Main Recycling Facility, Jacksonville, Florida M & N Plastics Environmental Study, Plant City, Florida Naples Daily News Noise Study, Naples, Florida Nestle Water Plant, Madison, Florida Peele-Dixie Membrane Plant Pump, Ft. Lauderdale, Florida Plantation East Water Treatment Plant Noise Evaluation, Plantation, Florida Rayonier Fernandina Mill Environmental Acoustic Assessment, Fernandina Beach, Florida Ray’s Plumbing & Mechanical Contractors, Jacksonville, Florida Ring Power CAT Isolation, Jacksonville, Florida Saw Mill Noise Measurements, Anthony, Florida Sebastian Stormwater Pump Station Noise Control, Sebastian, Florida Shands/Alachua General Hospital Generators, Gainesville, Florida Tiera Del Sol Pumping Station, The Villages, Florida Trinity Materials Concrete Batch Plant, Alachua, Florida Village Daily Sun, The Villages, Florida Watco Company Railcar Repair Facility, Jacksonville, Florida Williston Pine Shaving Plant, Williston, Florida 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC VISUAL ESSAY AND LAYOUT PLAN Chiller plant full-scale acoustic simulation in a quiet neighborhood Marylin Roa, Matthew Vetterick and Gary W. Siebein Siebein Associates, Gainesville, FL, USA ABSTRACT In the field of architectural acoustics, one collaborates with a community in order to maintain a defined soundscape in a growing city. This visual essay presents dialogues between designers and stakeholders with the acoustical consultant during the design of a new chiller plant at a college in a medium-sized city. In order to understand the noise impact of the proposed chiller plant equipment on the quality of life, which resulted in sound levels greater than measured ambient sound levels of the community, a full-scale simulation was constructed to help the community make decisions on which noise mitigation strategy should be used to maintain the existing sounds of the site. ARTICLE HISTORY Received 15 November 2018 Accepted 23 July 2019 KEYWORDS Soundscape; simulation; chiller plant; quiet neighbourhood Introduction R. Murray Schafer, who defined the concept of soundscape as the link between people and sounds in their environment, has stated that the environ- ment in which we live in is like an orchestra directed by its composer to celebrate the sounds that result from the activities that people engage in during each day (Schafer 1977). Soundscape, according to ISO 12913–1, is an acoustic environment experienced and/or understood by a person or groups of indivi- duals gathering in its context. This definition, released for the first time in the year 2014, also provided a link between users and the physical attri- butes of their environment as elements that may be measured and analysed. The acoustical environment includes the modification of sounds as they propa- gate from their source to the receiver (Brown et al. 2016). Different from conventional noise control, soundscape research considers sound environments, society, human beings, and the ear (Kang 2017). Soundwalks, according to ISO 12913–2(2014), are a method that implies a walk in an area with a focus on listening to the acoustical environment, or soundscape, to obtain human responses from a par- ticipatory group. The interdisciplinarity of the var- ious stakeholders and planners is a necessity (Shulte- Fortkamp 2018) as part of the participatory group. Recent advances in visual and aural simulation tech- nology allow the qualities of the spaces to be con- sciously designed and evaluated by an engaged citizenry as part of the design and development process (Siebein et al.2006).Theideaofanacoustic calendar or rhythms occur for each of the sound cycles and activity cycles for each of the participants that usually result in some variations of sounds and activities over a diurnal, monthly, yearly or other cycle. Due to this, the acoustic environment should be studied at varied times throughout this calendar. Brown, Gjestland, and Dubois agree that the sounds in an environment ‘vary from instant to instant, from day to night, and from season to season’ (Brown et al.2016). Therefore, an acoustic calendar can be developed for each participant or representa- tive group of participants in an acoustic community, for each acoustic itinerary or for each acoustic room for a given period of time (Siebein et al.2006). This paper presents acoustical design methods that follow a systemized method to obtain and analyse a quiet neighbourhood where a college plans to build a central energy plant desired to serve its growing campus. Initial acoustical analysis of the proposed chiller plant equipment showed that the chiller plant would result in sound levels greater than the mea- sured ambient sound levels of the surrounding area. Therefore, in order to understand its impact on the quality of life, a full-scale simulation of the chiller plant was constructed in order to enable the com- munity and help them make decisions to maintain the existing sounds of the site. Method At the beginning of the design process, the acous- tical consultant was engaged to determine if the resulting noise level of the proposed equipment for the chiller plant will meet the city’s noise ordi- nance. This collaboration allowed for the early dis- covery of the acoustical effect that the initial selection of equipment and building construction assemblies had on the proposed site location. The CONTACT Marylin Roa mroa@siebeinacoustic.com Siebein Associates, Gainesville, FL CITIES & HEALTH 2021, VOL. 5, NOS. 1–2, 61–70 https://doi.org/10.1080/23748834.2019.1665815 © 2019 Informa UK Limited, trading as Taylor & Francis Group initial noise study for the new chiller plant con- sisted of three primary tasks: (1) Conduct acoustical measurements on site to document the existing sound levels in the area surrounding the proposed chiller plant site. (2) Analyse the proposed mechanical equipment including the cooling towers, chillers, pumps and other equipment to estimate sound levels at the property lines from operation of the equipment and determine if the pro- posed chiller plant meets the required sound level limits of the noise ordinance having jurisdiction. (3) Design concept noise mitigation systems for the equipment with the design team to meet the noise ordinance requirements at the prop- erty line. Defining the acoustic environment of the proposed site Two locations on the proposed site were selected for long-term and short-term acoustical measure- ments of specific acoustic events. The locations were selected to record the acoustical conditions of the four primary sound sources that were observed to make up the soundscape of the site: light traffic on nearby roadways, quiet periods con- sisting of wind blowing in the vegetation, insects, and sounds from distant traffic on a nearby major highway (Figure 1). A Day-Night Average Sound LevelorLDNisametricusedtogiveanoverall characterization of the noise environment on the site. The average of the recorded sounds made during the daytime hours from 7:00 a.m. until 10 p.m. and the average of the sounds made during the night time hours from 10:00 p.m. until 7:00 a. m. with a 10 dB penalty added to them, varied between 48 and 53 dBA which is typical of a quiet urban area. The specific night-time acoustical measurements showed that sound levels varied from 31 to 45 dBA. Determining the specific sound levels of the proposed site at a specific time, showed that the construction of a chiller plant would likely add audible mechanical sounds which would negatively impact the psychological well-being of the existing neighbours Figure 2. The addition of new low-frequency content due to operation of the pumps, chillers and cooling towers would be heard above the typical ambient sounds that already define the site at night. Concerns about night time sound levels were expressed because the chiller plant is an ice storage facility that operates mainly at night to take advantage of off-peak elec- trical costs and because many people sleep with their windows open during the Fall, Spring, and Winter months due to the moderate climate. Design strategies to meet the noise ordinance vs being good neighbours An acoustical analysis of the sound level data provided by the design team for the chiller plant equipment including the cooling towers, chillers Figure 1.Graph showing sound levels measured during one of the seven days at location R1 (Acoustical events that define the character of the site are shown inside a dashed box). M. ROA ET AL.62 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC and pumps showed that upgrades to the building construction assemblies and quieter equipment would be needed to meet the required sound level limits in the noise ordinance or a different site selected that did not have noise-sensitive properties adjoining it. If the chiller plant was located on the initial proposed site, its sound levels would be heard more than 4 times louder than the existing ambient sound levels at night. The local noise ordinance allows sounds at resi- dential receiving property lines to be up to 75 dBA and 75 dBC during night time hours and 75 dBA and 80 dBC during day time hours; how- ever, sound walks and long-term acoustical mea- surements made in the neighbourhood around the proposed site as well as the three alternate sites showed that the existing ambient sound levels were far below the maximum allowable sound level limits stated in the ordinance. From an acoustical point-of-view, the three alternate sites allowed for the construction of a chiller plant met the sound level limits of the noise ordinance with minimal upgrades. However, consideration given to costs as well as to the layout of the existing and future piping network that serves the college resulted in the selection of the original site as the location of the Chiller Plant (Figure 3). The sound mitigation systems included a solid wall barrier extending 5 ft. above the top of the cooling towers with quiet fans, the addition of sound-absorbing material on the walls and ceiling of the chiller building, durable sound-absorbing material on the inside face of the cooling tower well, acoustically rated roll-up doors, and sound Figure 2.Sound contour map showing that the noise generated from the proposed chiller plant exceeds the city’s noise ordinance (75 dBA) and measured ambient sound levels (locations R1 and R2). The computer model included five cooling towers within a sound-absorbing enclosure; the chiller building consisted of a concrete roof, CMU walls, regular roll-up doors, typical man doors, three chillers and six pumps, and interior sound-absorbing material. CITIES & HEALTH 63 attenuators at louver openings (Figure 4). The study showed that the resulting sound level from the chiller plant with the sound mitigation systems met the noise ordinance but was 15 to 30 dB higher than typical night time sound levels because most of the noise was produced by the cooling towers located outside of the chiller build- ing and 30 ft. away from the nearest noise sensi- tive receiver. As a result, the Client posed a very important question:‘What do we need to do to be good neigh- bors?’The College understands that the growth of its students depends on access to clear and intelligible dialogues amongst each other and with its staff. In the same manner, the College understood that additional measures were needed to design a Chiller Plant that is compatible with the fabric of the low key, traditional, residential neighborhood near the College. Figure 3.Site plan showing locations of various sites that were considered by the Architect and Client in an attempt to minimize noise impact to neighboring properties. Site 1, the original project site, remained as the project site after the site selection study was conducted because of its central location to existing and future pipping network. Site 2 would consist of retrofitting an existing building adjacent to an Art Studio; Site 3 is a parking lot adjacent to an attorney’soffice; Site 4 is currently a parking lot within the college and is prime land for future expansion. Figure 4.Floor plan of the proposed chiller plant indication the locations and types of acoustical interventions designed to reduce off-site noise propagation. There are five cooling towers (CT) in a sound-absorbing enclosure that extends 5 ft. above the top of the discharge fans. There are three chillers (CH), six pumps (CHWP and CWP), one transformer (T), and a fan coil unit (FCU) inside the chiller building. 64 M. ROA ET AL. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC What does 50 dBA sound like? The Mechanical Engineer proposed three alternate cooling tower schemes for the Acoustical Consultant to determine potential noise impacts on the adjacent properties. Scheme 1 (Figure 5) consisted of the basis of the design cooling towers with the manufacturer’s quiet fans with 10 ft fans containing six blades oper- ating at a fan motor speed of 1200 rpm and 30 BHp fan motors per cell; Scheme 2 (Figure 6) consisted of cooling towers with the manufacturer’s ultra-quiet fans with 12 ft fans containing four blades operating at a fan motor speed of 1104 rpm and 20 BHp fan motors per cell with a wide chord blade design which is resiliently mounted to the hub, and Scheme 3 (Figure 7) consisted of the cooling towers with the manufacturer’s quiet fans with vertically mounted, low-pressure loss silencers on the discharge side of the cooling towers in combination with a plenum between the fan and the silencers. Noise contour plots for each scheme were presented to the Client, the Architect and the Mechanical Engineer. Scheme 1 resulted in sound levels of 55 to 60 dBA at that property line, scheme 2 resulted in sound levels of 50 to 55 dBA and scheme three resulted in sound levels of 45 to 50 dBA at the property line. All three schemes meet the project’s noise ordinance criteria. However, there were still some doubts as to which scheme to select because it was difficult to determine the perceptual aspects of sounds as they would be heard in the neighborhood. The Client was very interested in understanding which scheme resulted in a Chiller Plant that was more in tune with the Figure 5.The noise contour plot (above) shows the resulting noise contours for the chiller plant equipment and the basis of design cooling tower selection (scheme 1). CITIES & HEALTH 65 typical ambient sounds of the site. The way that the time and frequency or pitch of the chiller plant sounds would be heard in the midst of the ambient could not be understood from the numerical data presented. Therefore, the design team agreed to cre- ate a calibrated full-scale simulation of the chiller plant that would be played for periods of time on the actual site for each noise mitigation option in order to determine which schemes fit within the character of the existing ambient sounds of the site. This way project stakeholders could walk around the neighbourhood and hear the sounds of the chiller plant noise mitigation options in the backyards and in the streets as they went about their normal daily activities. Preparing for a simulation A full-scale simulation of the Chiller Plant allowed for the design team to walk through the neighbourhood and hear the sounds as they would be heard after completion of the chiller plant. Audio recordings of the source sounds had to be made at a chiller plant with similar equipment to that proposed for this project. The equip- mentvendorassistedinlocatingasimilarexistingfacility. Acoustical measurements and wave file recordings were made at the existing chiller plant of sounds at the top of the cooling towers where the fan noise predominates (Figure 8), at the sides of the towers where water noise dominates (Figure 9), inside the chiller plan next to the chillers and pumps (Figure 10), and outside the large Figure 6.The noise contour plot (above) shows the resulting noise contours for the chiller plant equipment and cooling towers with ultra-quiet fans (scheme 2). 66 M. ROA ET AL. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC doors of the enclosed chiller plant where the sounds of the chillers and pumps with their associated tones pro- pagate (Figure 11). Using Audacity, a multi-track audio editing software, the recorded audio tracks were equal- ized in 1/3 octave bands to the resulting sound level spectrum of the computer model generated with CadnaA, which is a state-of-the-art noise propagation modeling software, to replicate the resulting low, mid and high frequency response and the overall loudness of the sounds propagating from the proposed mechanical equipment inside the chiller building of the chiller facility. The calibrated audio track was stored and saved in a CD. An array of full-range loudspeakers and sub- woofers was designed so that the loudspeakers could be located near grade level at the proposed site while simu- lating sound propagation from a combination of sound sources propagating from different heights and locations on the site through the neighbourhood matching the resulting noise contour plots for each scheme. At the time of the simulation, buildings existed in locations on the site that would be demolished as part of the construction process. Sounds from Figure 7.The noise contour plot (above) shows the resulting noise contours for the chiller plant equipment and the basis of design cooling tower selection (scheme 1). CITIES & HEALTH 67 the loudspeakers had to propagate into the neigh- bourhood as though the buildings were not located there and sounds could freely propagate into the neighbouring lots. Therefore, in order to equalize the sound level of the audio tracks play- ing through the loudspeakers, a Larson Davis model 831, Type 1 integrating sound level meter, was used to compare the sound pressure level in each one-third octave band to the sound level spectrum generated with the computer model between 100 and 10,000 Hz. The sound level of the loudspeakers, at each one-third octave band, were calibrated to be within ±3 dB from the resulting sound level of the sound propagation model developed in CadnaA. Simulation Once the sound system was set up and calibrated three soundwalks(Figure12)were conducted withalistening juryconsistingoftheTrusteesandthe Vice Presidentof Facilities for the college, college staff, and other stake- holders to listen to the simulated sounds. The first (Figure 13) soundwalk occurred at approximately 3:00 p.m. A second sound walk (Figure 14) was held at approximately 8:00 p.m. and again at 3:00 a.m. the following morning (Figure 15). The reason for the late night and early morning sound walks was that as the background sounds from traffic and insects decrease in thelatenightandearlymorninghours,itwasimportant to experience the soundscape of the neighbourhood with and without the simulated sounds from the pro- posed chiller plant. Fourteen specific locations were established at which the jury would stop and listen for a period of time. Sounds for each of the three schemes were played for several minutes each so the jury could listen. Jury members could communicate with the sound system operator to replay tracks if desired, play them for longer periods of time or play them so A/B or A/B/C comparisons could be made at each location. The jury discussed what they heard at each point. The jury decided that they preferred a narrative discussion and debriefing as the method to evaluate the sounds rather than a questionnaire or a numerical scale. The listening jury decided that the relative differences of the loudness of the schemes was clearly heard to decrease from Scheme 1 to Scheme 3 as more noise mitigation was added to the chiller plant. It was also decided that Scheme 2 could meet the project goals of being signifi- cantly quieter than the 75 dBA allowed by the noise ordinance and approaching the vicinity of the existing background sounds at the site at most locations espe- cially those more than 1/2 block away from the chiller plant. Theconsensus ofthejury was that the simulation was much easier to understand than the numerical Figure 8.Acoustical measurements and recordings of the cooling tower fans taken at an existing facility similar to the proposed central energy plant. Figure 9.Acoustical measurements and recordings taken of the air intake sides of the cooling towers at an existing facility similar to the proposed central energy plant. Figure 10.Acoustical measurements and recordings of the chillers and pumps inside an existing facility similar to the proposed central energy plant. Figure 11.Acoustical measurements and recordings of sound propagating through the roll-up doors at an existing facility similar to the proposed central energy plant. 68 M. ROA ET AL. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC soundcontoursproducedinthereportgiventhesubtle- ties of the different frequency content or pitch of the different fan selections and the presence of other com- plex environmental sounds in the area. Conclusions The full-scale simulation enabled the stakeholders interested in maintaining the soundscape of the site to aurally experience the effects of the various chiller plant designsinawaythatwasmorehelpfulthanseeingnoise contours on a site plan. Additionally, the Client under- stood that low-frequency sounds would likely affect individuals living in the residences directly adjacent to the chiller plant. As a result, the design-oriented inter- vention allowed for the Client to determine that in additiontoprovidingnoisemitigationwithinthechiller building itself, the purchase of several homes close to the site would also help create a buffer space between the chiller plant and other nearby residences. The pro- ject is currently nearing completion (Figure 16). As the Architect inspects the building during construction, the acoustical consultant is engaged to determine solutions to on-site construction difficulties such as openings through the sound isolating walls for pipe penetrations; cuts into the sound-absorbing panels to attach other buildingsystempanelsdirectlyonthewalls;andthesize and configuration of sound attenuators at louver open- ings,amongothers.Onceoperational,additionalacous- tical measurements will be taken at the 14 specific locations established during the soundwalk simulation to verify the accuracy of the full-scale simulation. Figure 12.Aerial map showing the path (dashed line) taken during the simulation of the chiller plant. The location of the chiller building and cooling towers are shown for reference. A total of nine listening locations are indicated by the circles on the map Sound levels from insect noise and air conditioning units operating during the times measurements were made at these locations resulted to be within -3 to +8 dB in a sound level difference when compared to the computer model. Figure 13.First soundwalk occurred at approximately 3:00 pm conducted with a listening jury consisting of the Trustees and the Vice President of Facilities for the college, architect, mechanical engineer, and other stakeholders. Figure 14.A second sound walk was held at approximately 8:00 pm to experience the sounds from the chiller plant as back- ground noise levels from distant traffic began to fade away. CITIES & HEALTH 69 Disclosure statement No potential conflict of interest was reported by the authors. Notes on contributors Marylin Roa, a registered Architect in the state of Florida specialized in soundscape design, has an intuitive ability to visualize space and sound three-dimensionally. She has been able to work on more than 225 projects during her 5+ years with Siebein Associates; with some of her favorite acoustical projects located in Honduras, Puerto Rico, Belize, and Kenya. She has coauthored 13 invited papers and presented them at regional, national and international acoustics meetings. She has also co-authored and co-presented continuing education classes in Firing Range Acoustics, Design and Noise Mitigation, and Acoustical Concepts. Matthew Vetterick has worked on more than 165 projects in his 3+ years with Siebein Associates and excels in developing acoustical solutions for clients that are both efficient and aesthetically pleasing. He iteratively analyses multiple acous- tical systems to truly value engineer cost effective healthful soundscapes. He was one of only six recipients to receive the prestigious AIA Florida Bronze Medal in 2016. Matthew has co-authored two invited papers and presented them at regio- nal acoustics meetings. He has also co-authored and co-pre- sented continuing education classes in Firing Range Acoustics, Design and Noise Mitigation. Gary W. Siebein is co-founder of Siebein Associates and has over 37 years’experience in soundscape planning and design of communities and urban areas, environmental noise and assessment, human and community response to noise, and developing instrumentation for the measurement, monitor- ing and analysis of sounds in communities in the ways in which they are heard by people. He is an international leader in acoustic and soundscape research. He has completed work onmorethan2,000projectsworldwide,written fivebooks, 16 book chapters, and over 200 technical papers and mono- graphs in architectural and environmental acoustics that have been presented at regional, national and international professional society meetings. He is also Professor Emeritus of the University of Florida where he directed and taught the graduate program in Architectural Acoustics for 35 years. References Brown, A.L., Gjestland, T., and Dubois, D.,2016. Acoustic environments and soundscapes.In: J. Kang and B. Schulte-Fortkamp, eds.Soundscape and the built envir- onment. Boca Raton, FL: CRC Press, 19–25, 69. ISO,2014.ISO 12913-1:2014 Acoustic soundscape Part 1: definition and conceptual framework. Part 2: data collec- tion and reporting requirements. Geneva: International Organization for Standardization. Kang, J.,2017. Environmental acoustics.In: N. Xiang, ed. Architectural acoustics handbook. Plantation, FL: J. Ross Publishing, Plantation. Schafer, R.M.,1977.The soundscape: our sonic environment and the tuning of the world. Rochester, VT: Destiny Books. Schulte-Fortkamp, B.,2018. Soundscape, standardization, and application.Proceedings of Euronoise 2018: sounds- capes, Hersonissos, Crete. Siebein, G.W., Kwon, Y.M., and Smitthakorn, P.,2006. An acoustical palette for urban design.Proceedings of ICSV, Vienna Figure 15.It was important to experience the soundscape of the neighborhood with and without the simulated sounds from the proposed chiller plant as the background sounds from traffic and insects decreased in the early morning hours. For this reason, a third sound walk was held again at 3:00 am the following morning. Figure 16.Acoustical measurements will be taken once con- struction is complete to verify the sound levels measured during the simulation. This image shows the chiller building before doors are installed and chilled water pipes stored on site. Figure 17.Acoustical measurements will be taken once construction is complete to verify the sound levels mea- sured during the simulation. This image shows the installa- tion of doors and roll-up doors in the chiller building. The man door to the right of the image opens into the cooling tower well. 70 M. ROA ET AL. 625 NW 60th Street, Suite C Gainesville, Florida 32607Telephone : (352) 331-5111 Website: www.siebeinacoustic.com SIEBEINACOUSTIC SIEBEINA C O U S T I C ARCHITECTURAL | ENVIRONMENTAL 625 NW 60th Street, Suite C, Gainesville, Florida 32607, USA352-331-5111 / www.siebeinacoustic.com / office@siebeinacoustic.com RITA SIEBEIN President RSiebein@SiebeinAcoustic.com 352-331-5111, ext. 21 GARY W. SIEBEINVice President / Senior Principal ConsultantGSiebein@SiebeinAcoustic.com352-331-5111, ext. 16 KEELY SIEBEIN Associate Principal Consultant KSiebein@SiebeinAcoustic.com 352-246-1998 MARYLIN ROA Senior Consultant MRoa@SiebeinAcoustic.com 352-256-7924 GARY SIEBEIN, JR. Senior Consultant Gary@SiebeinAcoustic.com 352-331-5111, ext. 19 JENNIFER MILLER Senior Consultant JMiller@SiebeinAcoustic.com 352-331-5111, ext. 12 MATTHEW VETTERICKSenior ConsultantMVetterick@SiebeinAcoustic.com352-331-5111, ext. 10 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #13-23 Noise Analysis Consultant December 2, 2022 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, January 5, 2023 to provide Noise Analysis Consulting Services. Brief Description: The City of Clearwater is seeking a qualified consultant(s) to perform a noise analysis of the Imagine Clearwater amphitheater. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Purchasing-Solicitations Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Noise Analysis Consultant 2 RFP #13-23 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 proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: January 5, 2023 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Noise Analysis Consultant 3 RFP #13-23 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Purchasing-Solicitations Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Noise Analysis Consultant 4 RFP #13-23 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Noise Analysis Consultant 5 RFP #13-23 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Noise Analysis Consultant 6 RFP #13-23 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (page 21) Points Demonstrated Experience of the Firm and Project Personnel (Tab 2) 30 Project Methodology, Approach and Timeline (Tab 3) 30 References (Tab 4) 25 Cost of Services (Tab 5) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Noise Analysis Consultant 7 RFP #13-23 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at: https://www.myclearwater.com/Business-Development/Doing-Business-with-the-City/Purchasing-Solicitations to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 12/02/2022 Advertise Tampa Bay Times: 12/07/2022 Responses due: 01/05/2023 Review proposals: 01/05/2023-01/17/2023 Presentations (if requested): Week of January 23, 2023 Award recommendation: Week of January 23, 2023 Council authorization: February 2023 Contract begins: February 2023 STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 8 RFP #13-23 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 Noise Analysis Consultant 9 RFP #13-23 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. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 10 RFP #13-23 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 11 RFP #13-23 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 12 RFP #13-23 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 13 RFP #13-23 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 14 RFP #13-23 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 15 RFP #13-23 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may STANDARD TERMS AND CONDITIONS Noise Analysis Consultant 16 RFP #13-23 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 Noise Analysis Consultant 17 RFP #13-23 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 119,208 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. With the upcoming development of the downtown waterfront properties and Imagine Clearwater, the City is seeking a qualified consultant(s) to perform a noise analysis to evaluate and predict the impact of the Imagine Clearwater Amphitheater on the downtown area and surrounding areas. The noise analysis will identify noise contours downtown and in areas surrounding the Imagine Clearwater Amphitheater to develop standards for managing noise in a mixed-use environment. Once the noise analysis has been completed, it will be used to create an overlay zone where special noise standards would be applied to reduce the overall impact of noise from identified sources. Consultant shall provide the following: • Utilize previously conducted noise contour analysis and recommend additional noise contour mapping, if necessary, to predict the impact of amplified sound (music) coming from the Imagine Clearwater Amphitheater on surrounding areas. • Evaluate the reverberation of amplified sound coming from the Amphitheater against the Clearwater Main Library at 100 North Osceola Avenue. • Recommend noise mitigation strategies to address amplified music coming from the Amphitheater, including, but not limited to: o Recommend a site-specific amplified sound policy, to include hours of use, frequency of use, manner of use, decibel levels, etc., to be considered in an agreement for Amphitheater usage. o Recommend building codes for new construction in the geographic area anticipated to be impacted by amplified music from the Amphitheater. o Recommend sound mitigation strategies to reduce the impact of amplified sound and/or noise pollution from the Amphitheater on nearby existing buildings. • Evaluate the creation of an “Imagine” overlay district to facilitate specific ordinances and codes that address unique problems present around the Amphitheater and other entertainment districts. • Recommend sound monitoring equipment and software that could monitor and notify the city when noise limits are surpassed in the “Imagine” overlay district. • Review and recommend the introduction of an objective standard to the City of Clearwater Noise Ordinance Section 3-1508. 3. MINIMUM QUALIFICATIONS. Companies responding to this RFP shall explain their experience conducting similar analyses. A minimum of three (3) references, preferably from other public entities for which similar services have been provided, are required. 4. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to DETAILED SPECIFICATIONS Noise Analysis Consultant 18 RFP #13-23 require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #13-23 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS Noise Analysis Consultant 19 RFP #13-23 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 Noise Analysis Consultant 20 RFP #13-23 1. ANTICIPATED BEGINNING AND END DATE: February 2023 – August 2023 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the term of the contract. RESPONSE ELEMENTS Noise Analysis Consultant 21 RFP #13-23 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, seven (7) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the city regarding this project. TAB 2 - Demonstrated Experience of the Firm and Project Personnel. a. Identify the project managers(s) and each individual who will work as part of the engagement. Include resumes for each person to be assigned. b. Describe the experience in conducting similar projects for each of the individuals assigned to the engagement, including their education. c. Describe the organization of the project team, detailing the level of involvement, field of expertise and estimated hours for each member of the team. TAB 3 - Project Methodology, Approach and Timeline. a. Describe your approach in developing the citywide noise contour and noise standards for zones. b. Provide a detailed timeline for the services requested. TAB 4 – References. A minimum of three (3) references, preferably from other public entities in similar size to the City of Clearwater, within the past five (5) years, for whom the proposer has provided noise analysis consulting services. Each reference must include the name of the entity, date of services, position(s), address, contact person, telephone number, and email address. TAB 5 - Cost of Service. a. Include the personnel assigned to each task with billable rates and a total cost per task. b. Number of hours assigned per person per task. c. Total cost of all tasks proposed. TAB 6 – Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Noise Analysis Consultant 22 RFP #13-23 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Noise Analysis Consultant 23 RFP #13-23 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 proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Noise Analysis Consultant 24 RFP #13-23 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Noise Analysis Consultant 25 RFP #13-23 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 SCRUTINIZED COMPANIES FORMS Noise Analysis Consultant 26 RFP #13-23 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 E-VERIFY ELIGIBILITY FORM Noise Analysis Consultant 27 RFP #13-23 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Noise Analysis Consultant 28 RFP #13-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #13-23, Noise Analysis Consultant Due Date: January 5, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #13-23, Noise Analysis Consultant Due Date: January 5, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ 1) Dudek 2) Resource Systems Group, Inc. 631 Lucerne Ave, Ste 206 55 Railroad Row Lake Worth Beach, FL 33460 White River Junction, VT 05001442.245.1886 802.295.4999 3) Roland, Woolworth & Assoc LLC 4) Siebein Associates, Inc 356 CR 102 625 NW 60th St, Ste C Oxford, MS 38655 Gainesville, FL 32607 662.513.0665 352.331.5111 Certified: WBE ADVERTISED: TAMPA BAY TIMES 12/7/2022 POSTED:myclearwater.com 12/02/22-01/12/2023 Due/Opening: January 12, 2023; 10:00 a.m. REQUEST FOR PROPOSAL No. 13-23 NOISE ANALYSIS CONSULTANT 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#23-0513 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a purchase order to Econolite Systems, Inc. of Anaheim, CA, for an Advance Traffic Management System (ATMS), 23-0018-EN, in the amount of $500,750, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchase, and authorize the appropriate officials to execute same. (consent) SUMMARY: There are 141 traffic signals operating within the City of Clearwater, of which 67 are operating on Pinellas County’s ATMS. These signals have a fiber optic communications network connecting the signals to the County Traffic Management Center where a Centracs ATMS software is used to remotely monitor and manage these signals. The remaining 74 signals are operating on a stand-alone system that does not allow coordination of traffic devices with Pinellas County ATMS or remote monitoring and management of traffic signals. Upgrading the city’s Traffic Management Center with Econolite’s ATMS provides many benefits such as quicker response time and improved quality of response to failures, alarms, and citizen complaints. The upgrade will focus specifically on City of Clearwater needs such as minimizing delays for all users, multimodal operations, and beach and special event traffic management. The ATMS offers improved ability to manage changes in traffic patterns, modes, and volumes due to expected growth and development in the city through remote monitoring and management of traffic signals. ATMS will also integrate with the V21 Pedestrian Warning System (PWS) on ALT19. In addition, this seamless integration between the city and Pinellas County ATMS will allow the transfer of control of signal operations during major storm events should it be required. The proposed Econolite purchase will provide standardization of equipment and software with existing Econolite Field Traffic Signal Controls resulting in an integrated system with Pinellas County. On March 16, 2023, City Council approved a Joint Project Agreement with the Florida Department of Transportation for implementation of V21 PWS which will reimburse $100,000 of ATMS required to manage the PWS. On August 4, 2022, City Council approved American Rescue Plan Act (ARPA) funding in the amount of $3,500,000 for Fiber upgrades and broadband connectivity. APPROPRIATION CODE AND AMOUNT: 3557355-565400-G2211 $500,750 Funds are available in capital improvement project 355-G2211, ARPA Fiber Upgrades, to fund this purchase. Page 1 City of Clearwater Printed on 5/16/2023 Caladesi Island State Park Clearwater Beach Island Clearwater HarborIs l a n dWayDruidRdSGulfBlvdSFortHarrisonAveNFortHarrisonAveBelleair Country Club Memorial Causeway Clearwater Beach Belleair Clearwater 90 ft 74 ft Brady Dr Union St Union St Virginia St DouglasAvePinehurstRdSolon Ave NBelcherRdU S- 1 9NBelcherRdNMcMullenBoothRdNKeeneRdEnte r p r is e Rd E Michigan Blvd PatriciaAveDunedin Country Club Countryside Country Club Dunedin 73ft SHerculesAveKingsHwyNBettyLnNursery Rd SBettyLnMontclair Rd Turner St SLakeAveDruid Rd E NBelcherRdDrew St Drew StNBettyLn SMartinLutherKingJrAveUS-19NUS-19NBelleair RdSKeeneRdNKeeneRd Sunset Point Rd NHighlandAveLakeview Rd SBelcherRdNHerculesAveCove Cay Country Club Cliff Stephens Park Dellwood Coachman Bayview ShoreDrEL a f a y e t t e B l v d M arshall St Douglas Rd E Ta mpa Rd PhilippePkwyEnterprise Rd E F or e s t L ake Blvd S Mobbly Bayou Preserve Harbor Palms Bridgeport Oldsmar AlligatorLake 4th St N Coopers Point Park Safety Harbor èéííí èéííí èéííí èéíííèéííí èéíííèéííí èéííí èéííí èéíííèéííí èéííí èéíííèéííí èéííí èéíííèéíííèéíííèéííí èéíííèéíííèéííí èéííí èéíííèéíííèéíííèéííí èéííí èéííí èéíííèéíííèéíííèéííí èéííí èéííí èéííí èéíííèéííí èéííí èéííí èéííí èéíííèéííí èéíííèéííí èéííí èéíííèéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéíííèéíííèéíííèéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí èéííí Clearwater Operated Signal Locations ¯ 0 1 20.5 Miles èéííí èéííí Clearwater City BoundaryCity Operated Signals S Martin Luther KingN Keene RdN Highland AveSunset Point Rd Union St Kings HwyDouglas AvePatricia AveN Keene RdN Belcher RdUS-19 NUS-19 NUS-19 NHercules AveS Keene RdN Betty LnFL-60 FL-60 Drew StDrew St Me m o r i a l C a u s e w a yMandalay Ave ESI System Supply Agreement Page 1 4-14-23 SYSTEM SUPPLY AGREEMENT THIS SYSTEM SUPPLY AGREEMENT (this “Agreement”) is made and entered into by and between the City of Clearwater, Florida, with its principal address at Municipal Services Building, Suite #220, 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520 (hereinafter referred to as “Agency”), and Econolite Systems, Inc., a California corporation located at 1250 N. Tustin Avenue, Anaheim, California 92807 (hereinafter referred to as “Econolite Systems”). I. RECITALS A. Econolite Systems, and its affiliate, Econolite Control Products, Inc. (collectively referred to as “Econolite”), develop, manufacture, supply, install and integrate traffic control equipment, advanced and intelligent traffic management systems, and communications networks. B. Econolite Systems, alone and in partnership with others, has developed proprietary software systems, including the communication and advanced traffic control system registered as “Centracs®”. C. Agency desires to employ Econolite Systems to furnish, integrate and test hardware and software systems to provide a fully operational Centracs® advanced traffic management system. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: II. SCOPE OF WORK Econolite Systems and Agency, for the mutual consideration hereinafter set forth, agree that the services shall conform to Exhibit A Econolite Systems proposal dated April 14, 2023, attached and incorporated herein by reference, except where modified by this Agreement. In this scope of work, Econolite Systems shall deliver the following materials and services on or before the delivery dates agreed to during the project kickoff meeting. Deliverables Section • Centracs ATMS, licensed for 74 intersections. • Centracs Synchro Interface Module. • Centracs MMS Module, licensed for 74 locations. • Centracs Server-to-Server license and 1 connection license for Agency. • Centracs Server-to-Server license and 1 connection license for Pinellas County. • Installation and configuration of Centracs software. • Intersection controller database conversion, graphics, and integration for up to 74 intersections. • Centracs MMS Software installation and deployment planning support. • 1-day of classroom training, plus ad hoc training during integration. • 1-day acceptance test. • Standard system documentation. ESI System Supply Agreement Page 2 4-14-23 • 1-year warranty from the date of Centracs acceptance. • 1-year Premium Software Maintenance Agreement from conclusion of warranty period. • Supply of computer hardware and networking equipment as detailed in Exhibit A. • Installation and configuration of computer hardware and networking equipment as detailed in Exhibit A. TOTAL AGREEMENT PRICE: $500,750.00 III. DELIVERY SCHEDULE Econolite Systems shall provide the Centracs® system and deliverables in accordance with the milestone schedule defined and agreed to during the project kickoff meeting with Agency. IV. PAYMENT TERMS The materials and services listed under Section II above establish invoicing and payment milestones under this Agreement. Payment for all invoices shall occur within thirty (30) days. All computer equipment will be shipped F.O.B. Anaheim, California. All cabinets, controllers and field components will be shipped F.O.B. Anaheim, California Econolite Systems shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to causes which are unavoidable or beyond its reasonable control, acts of God, acts of Agency, acts of civil or military authority, fires, strikes or other labor disturbances, floods, epidemics, war, riot, delays in transportation, or inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay. If the delay is due to causes other than attributable to Agency, and is such that the delivery of services voids the essential period for this contract, Agency may cancel this contract upon thirty (30) days written notice. This Agreement is made subject to any federal, state or local allocations, priorities, restrictions or regulations now or hereafter in effect; or allocations imposed upon Econolite Systems by Econolite Systems’ suppliers or for delays caused by failure of its supplier to deliver parts to Econolite Systems. The compensation set forth in this paragraph shall be the total compensation for hardware, software and services provided by Econolite Systems under this Agreement, including all out of pocket expenses incurred. Payment shall be made per the following milestones: Procurement Integration Testing Completion TOTAL 1 Licensing, Integration, Testing, and Training $143,395.00 $25,305.00 $168,700.00 2 Centracs MMS Module $46,520.50 $8,209.50 $54,730.00 3 Centracs S2S Modules $39,618.50 $6,991.50 $46,610.00 4 Computer Hardware $34,490.00 $34,490.00 5 Cellular Modems $75,480.00 $60,384.00 $15,096.00 $150,960.00 6 Central Communications Equipment $16,500.00 $3,480.00 $19,980.00 7 Centracs Software Maintenance Agreement $25,280.00 $25,280.00 $500,750.00Total Payment ITEM #Item Description Payment ESI System Supply Agreement Page 3 4-14-23 V. PAYMENTS EARNED Agency acknowledges that the rights of Econolite Systems in and to the consideration payable by Agency under Section II are absolute and unconditional upon completion of the discrete tasks set forth in said section of this Agreement, notwithstanding that the payment dates may be set at a time later in the future than the performance date. In the event of default by Agency and Agency failing to cure such default within thirty (30) days from receiving Econolite Systems’ written notice of Agency default, Econolite Systems shall be entitled, at its option, to upon written notice to Agency, declare all unpaid payments, plus all other amounts payable by Agency, hereunder, to be immediately due and payable, plus accrued interest equivalent to 1.5% per month, compounded monthly. The remedies referred to or set forth herein shall be cumulative and any single or partial exercise of any remedy shall not preclude any other or further exercise thereof or of any other remedy. VI. SALES AND SIMILAR TAXES Econolite Systems’ price does not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise, or other tax or government-imposed fee or tariff applicable to the sale or use of the equipment hereunder shall be paid by Agency, or in lieu thereof Agency shall provide Econolite Systems with a tax exemption certificate acceptable to taxing authorities. VII. CANCELLATION AND “HOLD” CHARGES Agency may cancel, place a “stop notice” or delay the completion of performance of Econolite Systems upon 30 days written notice in advance to Econolite Systems. In the event of any such action, Agency shall make payment to Econolite Systems of reasonable and proper cancellation charges, and/or appropriate costs associated with the delay and/or “holds”. In addition to the purchase price as agreed upon herein, Agency agrees to make payments to Econolite Systems for labor and materials expended (including overhead and G & A costs) directly attributable to the delays, “holds” or cancellation caused by Agency. Agency may cancel this order, if after written notice to Econolite Systems and thirty (30) days to cure, Econolite Systems fails to fulfill in a timely manner its obligations under this agreement. VIII. WARRANTY Econolite Systems warrants to Agency that all software and equipment to be delivered hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified by Econolite Systems herein. This warranty shall apply only to defects appearing within one year from the date of shipment by Econolite Systems for Econolite system software and controller software and two years from the date of shipment by Econolite Systems for hardware products manufactured by Econolite. All other equipment not manufactured by Econolite carries the manufacturer’s standard warranty. If Econolite Systems installs the Econolite manufactured equipment, software or supplies technical directions of installation by contract, the warranty period shall run from the completion of installation, provided same is not unreasonably delayed by Agency. If the Econolite manufactured equipment delivered hereunder does not meet the above warranty, and if Agency promptly notifies Econolite Systems in writing, Econolite Systems shall thereupon correct any defect, including non-conformance with the specifications, either (at its option) by repairing any defective or damaged parts of the equipment, or by making available at Econolite’s plant necessary replacement parts. Agency will return the defective product to Econolite Systems, at Agency’s expense. Econolite Systems, in coordination with Econolite, shall repair or replace the defective item and return it to Agency at Econolite Systems’ expense. The liability of Econolite Systems under this warranty, or for any loss or damage to the equipment whether the claim is based on contract or negligence, shall not in any case exceed the cost of correcting defects in the equipment as herein ESI System Supply Agreement Page 4 4-14-23 provided and, upon the expiration of the warranty period, all such liability shall terminate. The foregoing shall constitute the exclusive remedy of Agency and the exclusive liability of Econolite Systems. The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Econolite Systems does not warrant the equipment of any other manufacturer designated by Agency. Econolite Systems shall supply to Agency, in a timely manner, any Econolite software revisions of the standard software modules to correct “bugs” or deficiencies, which would appear within one (1) year from the date of final acceptance of the standard advanced traffic management system. IX. REPRESENTATIONS Non-infringement - Econolite Systems represents that to the best of its knowledge the technology embodied in the products sold herein does not infringe upon a United States patent or United States copyright in effect as of the Effective Date. Authority - Each Party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations pending or, to the best of each Party’s knowledge, threatened against such Party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the Parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such Party is a party to or may be bound or affected by or which may affect the rights, duties and obligations hereunder. No Other Representations - Each Party acknowledges and agrees that it is relying on no representation of the other Party except as expressly set forth herein. X. LIMITATION OF LIABILITY Except for negligence and/or intentional acts, Econolite Systems’ liability on any claim for loss or damage arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of any software and equipment covered by or furnished under this contract shall be limited to the Agreement total price or actual direct damages, whichever is less. Econolite Systems’ liability extends only to products provided and services performed during the period in which an active warranty or support agreement is in effect. In no event shall Econolite Systems be liable at any time for special or consequential damages including but not limited to loss of profits or revenue, loss of data, loss of use of the equipment, or any associated equipment, cost of capital, downtime costs, or claims of Agency for such damages. Econolite Systems will not be liable for any claims or back charges on behalf of the Agency arising out of this contract unless they are made in a reasonable time and supported in writing within thirty (30) days from the date on which the Agency becomes aware of same, giving full details, including costs incurred, if any. Claims not presented within such time limit shall be deemed to have been waived by the Agency. Econolite Systems will be given reasonable opportunity and access to investigate the merits of such claims or back charges and its liability limited as above. XI. INDEMNIFICATION Notwithstanding the limitations on liability imposed under Section X, “Limitation of Liability” hereof, Econolite Systems shall indemnify, defend and hold harmless Agency, and its officers, agents and employees, or any of them from any and all suits, liability, reasonable attorneys’ fees and costs of litigation damages to the extent arising out of any negligent or intentional act, error or omission of Econolite Systems, its officers, agents, employees, or any of them relating to or ESI System Supply Agreement Page 5 4-14-23 arising out of the performance of this Agreement; except to the extent those actions, claims, liabilities, obligations, judgments, expenses or damages arising out any negligent or intentional act, error or omission of the Agency, and its officers, agents and employees. If a final judgment is rendered against the Agency, its officers, agents, employees and/or any of them, or jointly against Agency and Econolite Systems and their respective officers, agents and employees, or any of them, Econolite Systems shall satisfy the same to the extent that such judgment was due to Econolite Systems’ negligent acts or omissions. XII. LICENSES Econolite Systems will provide Agency, for exclusive use by Agency, a fully paid non-exclusive, non-transferable product software license for the Centracs® products and their specific licensing limits set forth under Section II (Scope of Work). Agency shall be entitled to: a) Use the licensed programs but only in machine-readable form on licensed computers. b) Use the support material supplied but only as required to support the use of the licensed programs. c) Make only as many backup copies of the licensed programs in machine readable form as required to support the use of the licensed programs on each computer. All backup copies must include the copyright notice in the original form as it appears on the licensed programs. Agency may not copy, modify, adapt, merge, disassemble, decompile or distribute the software, its documentation or create derivative works based upon the software. None of the support material in human readable form included with the licensed programs may be copied in any way. Agency may print any screen the software will allow; however, no copyright notices may be removed from the printing. The licensed programs and support material included with this Agreement are confidential information that is the property of Econolite Systems. The licensed programs, program concepts or any of the support materials shall not be made available to any other party or organization without the written consent of Econolite Systems. Title to all intellectual property rights including patent, trademark, copyright and trade secret rights and title to all ownership rights and all copies of and all media bearing the licensed programs, support materials and program concept shall remain in Econolite Systems. XIII. DATA RIGHTS Agency shall retain ownership and associated rights of traffic data generated by the system provided under this Agreement (the “data”). Agency may not sell or transfer the data to any private entities for purposes not directly related to Agency activities without the prior written consent of Econolite Systems. In furtherance of Econolite Systems’ commitment to the advancement of future system-based technologies and the betterment of the nation’s traffic management planning, Agency shall provide use of the data to Econolite Systems at Econolite Systems’ request. Econolite Systems shall notify Agency prior to transfer of the data to private entities. XIV. CONFIDENTIAL INFORMATION Confidential Information - In the performance of this Agreement or in contemplation thereof, the Parties and their respective employees and agents may have access to private or confidential information owned or controlled by the other Party and such information may contain proprietary details and disclosures. All information and data identified in writing as proprietary or confidential by either Party (“Confidential Information”) and so acquired by the other Party or its employees or agents under this Agreement or in contemplation thereof shall be and shall remain the disclosing Party’s ESI System Supply Agreement Page 6 4-14-23 exclusive property. The recipient shall use all reasonable efforts (which in any event shall not be less than the efforts the recipient takes to ensure the confidentiality of its own proprietary and other confidential information) to keep, and have its employees and agents keep, any and all “Confidential Information” confidential, and shall not copy, publish or disclose it to others, nor authorize it’s employees, agents or anyone else to copy or disclose it to others without the disclosing Party’s written approval; nor shall the recipient make use of the “Confidential Information” except for the purposes of executing its obligations hereunder, and (except as provided for herein) shall return the Confidential Information and data to the first Party at its request. Agency’s duty to maintain confidentiality as described hereunder shall be subject to the laws of the State of Florida. Excluded Information - The foregoing conditions will not apply to information or data which is, or which becomes generally known to the public by publication or by any means other than a breach of duty on the part of the recipient hereunder, is information previously known to the recipient, is information independently developed by or for the recipient or is information generally released by the owning Party without restriction. Right to Injunctive Relief - Because of the unique nature of the Confidential Information, the Parties agree that each Party may suffer irreparable harm in the event that the other Party fails to comply with any of its obligations under this Article, and that monetary damages may be inadequate to compensate either Party for such breach. Accordingly, the Parties agree that either Party will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of this Article. XV. SOFTWARE UPDATES & NEW FEATURES Software updates for the basic product system are included in the annual system update or through scheduled software releases during the warranty period or active system support agreement period. Additional modules to the basic product system may be made available to Agency from time to time. Upon delivery to Agency, the additional modules will become part of the proprietary software systems and will be subject to the provisions of this Agreement. XVI. COMPLIANCE WITH ALL LAWS Econolite Systems shall, at its sole expense, comply with all of the requirements of County, State and Federal laws now in force pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all ordinances, statutes, rules or regulations now in force. XVII. INDEPENDENT CONTRACTOR This Agreement calls for the performance of services of Econolite Systems as an independent contractor. Econolite Systems is not an agent or employee of Agency for any purpose and is not entitled to any of the benefits provided by Agency to its employees. This Agreement shall not be construed as forming a partnership or any other association with Econolite Systems other than that of an independent contractor. XVIII. INSURANCE AND BONDS Econolite Systems shall maintain for the duration of this contract the following types of insurance: a) Automobile liability insurance (minimum $2.5 Million) b) Commercial general liability insurance (minimum $2.5 Million) c) Worker’s compensation insurance (per state requirement) d) Product Liability Insurance (minimum $2.5 Million) ESI System Supply Agreement Page 7 4-14-23 The insurance required hereunder shall be primary and maintained until all work required and all material to be supplied under the terms of this Agreement is satisfactorily completed as evidenced in writing by an authorized representative of Agency. XIX. ADVERTISING Econolite Systems may include Agency in its list of Centracs® customers in any advertising or publicity materials. XX. EXECUTION This Agreement is effective upon execution. It is the product of negotiation and all Parties are equally responsible for the authorship of this Agreement. XXI. NOTICES The notices relative to this Agreement shall be given in writing and shall be personally served, sent by registered mail or email with confirmation by addressee that it was received. The Parties shall be addressed as follows, or at any other address designated by notice: Econolite Systems, Inc.: Econolite Systems, Inc. 1250 N. Tustin Ave, Anaheim, CA 92807 Attention: Mark Case Title: Regional Vice President Phone: 657-274-4036 Email: mcase@econolite.com Agency: City of Clearwater, Florida Municipal Services Building, Suite #220 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520 Attention: Omar Atallah Title: Traffic Engineering Manager, Public Works/Engineering Phone:727-562-4794 Email: Omar.Atallah@MyClearwater.com XXII. FORUM Any lawsuit pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Pinellas County, Florida. XXIII. ASSIGNMENT This Agreement shall not be assigned by any Party, or any Party substituted, without prior written consent of Agency and Econolite Systems. XXIV. MERGER AND MODIFICATION No supplement, modification or amendment of this Agreement or waiver of the provisions thereof shall be binding unless executed in writing by Agency and Econolite Systems. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. ESI System Supply Agreement Page 8 4-14-23 XXV. ATTORNEYS’ FEES In the event any action in law or equity, arbitration or other proceeding is brought for the enforcement of this Agreement or in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to its attorneys' fees and other costs reasonably incurred in such action or proceeding. XXVI. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. XXVII. OTHER MATTERS Severability - In the event any of the provisions of this Agreement shall, for any reason, be held void or unenforceable, the remaining provisions shall remain in full effect and shall control. Invalidity - Any provisions of this Agreement prohibited by the law of any state shall, as to said state, be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. Force Majeure - Should any obligation of either Party hereunder (except with respect to timely payment of invoices) be delayed by events beyond such Party’s control, including but not limited to, natural or man-made disasters, strikes, government actions or regulations, failure of a third party to comply or conform or inability to obtain labor or materials through its regular sources, that Party’s time for performance shall be extended by the period of delay upon approval by Agency. Absence of Third Party Beneficiary Rights - Except as otherwise provided in this Agreement, no provision of this Agreement is intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any affiliate or subsidiary, and all provisions hereof shall be personal solely between the Parties hereto. Headings - Article and Section headings are included solely for convenience, are not to be considered a part of this Agreement nor are they intended to be full and accurate descriptions of the contents thereof. Survival - The following provisions shall survive the expiration, cancellation or early termination of this Agreement: Sections V, VII, VIII, IX, X, XII, and XIII and any other provision which by its nature shall survive the expiration, cancellation or early termination of this Agreement. ESI System Supply Agreement Page 9 4-14-23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of ____________, 2023. ECONOLITE SYSTEMS, INC. __________________________________ Approving Authority __________________________________ Printed Name - Title CITY OF CLEARWATER, FLORIDA __________________________________ Approving Authority __________________________________ Printed Name - Title Attachments: Exhibit A – Econolite Systems proposal dated April 14, 2023 ESI System Supply Agreement Page 10 4-14-23 EXHIBIT A Econolite Systems proposal dated April 14, 2023 April 14, 2023 Mr. Omar Atallah Traffic Engineering Manager, Public Works/Engineering City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Subject: Clearwater, Florida Centracs® ATMS Proposal Dear Mr. Atallah: Econolite Systems, Inc. is pleased to submit this revised proposal to supply the Centracs® Advanced Traffic Management System (ATMS) for the City of Clearwater. Centracs seamlessly integrates with a variety of controllers including the Model 170, NEMA TS-1 and TS-2, the Model 2070, and Advanced Transportation Controllers (ATC). It has been field proven in installations worldwide. Econolite’s solution is detailed in our revised proposal, which incorporates the latest set of comments from the City provided on March 24, 2023 and April 13, 2023. We look forward to demonstrating its capabilities and ease of use to the City of Clearwater. As an integral member of the Econolite family, Econolite Systems was formed in 2009 to complement the Econolite brand. While Econolite has established a long-standing reputation for quality and innovation in traffic control products, Econolite Systems is focused on the delivery of projects and the unique needs and requirements they bring including systems engineering, ITS installation, integration, custom software development, and deployment of communications networks. We look forward to your favorable consideration and working with you. Please feel free to contact Connie Braithwaite at 904.759.0745 / cbraithwaite@econolite.com or me directly at 657.274.4036 / mcase@econolite.com with any questions regarding our proposal. Sincerely, Econolite Systems, Inc. Mark E. Case, P.E. Regional Vice President cc: C. Braithwaite M. Porter Clearwater, Florida Centracs ATMS Proposal 1 Table of Contents 1. Proposed Solution ............................................................................................................ 2 1.1 Overview ............................................................................................................ 2 1.2 Project Understanding ........................................................................................ 2 1.3 Centracs ATMS Overview .................................................................................... 2 2. Project Tasks .................................................................................................................... 9 2.1 Server Procurement ............................................................................................ 9 2.2 Factory Testing & Configuration ......................................................................... 10 2.3 Communications Network Deployment .............................................................. 11 2.4 On-Site System Installation & Integration ........................................................... 11 2.5 Server-to-Server Module ................................................................................... 12 2.6 Documentation................................................................................................. 14 2.7 Training ............................................................................................................ 14 2.8 Centracs Acceptance Testing ............................................................................ 14 2.9 Project Acceptance ........................................................................................... 14 2.10 On-Going System Support ................................................................................. 14 3. Preliminary Schedule ..................................................................................................... 16 4. Pricing ............................................................................................................................. 17 5. Appendix ......................................................................................................................... 20 Clearwater, Florida Centracs ATMS Proposal 2 1. Proposed Solution 1.1 Overview Econolite is pleased to provide the following proposal to the City of Clearwater (the City) for our state- of-the-art Advanced Transportation Management System (ATMS), Centracs. As part of this proposal, Econolite has made assumptions regarding deliverables and system options based upon information provided by the City. Econolite looks forward to working with the City of Clearwater on this project by providing assistance and information regarding the best possible traffic management solutions. Below is a quick reference table for the major deliverables and assumptions regarding this proposal. Table 1 - Project Overview Quick Reference Centracs ATMS Licensing: 74 intersections Additional Centracs Modules: Synchro Interface, Server-to-Server, MMS Computer Hardware: Econolite-supplied servers and 3 workstations Base Map Graphic: Provided by Econolite using Bing maps (using City’s license) Intersections Graphics: Provided by Econolite Centracs On-Site Installation: Up to 3-days on-site System Training: Up to 2-days on-site System Testing: Up to 1-day on-site Software Maintenance Agreement: Premium, 1-year Communications: Supply and install cellular modems at 74 intersections and an Ethernet switch and Firewall at the TMC 1.2 Project Understanding The Centracs system described herein will communicate with the City’s Cobalt controllers over cell modems supplied as part of this project. Based on this project understanding, Econolite has provided information on the products, technical solutions, and tasks we believe meet the City’s ultimate needs. Should the City find project needs not addressed in this proposal, please contact us for our recommended solutions, pricing, or a revised proposal. 1.3 Centracs ATMS Overview Centracs is a state-of-the-art ATMS platform that satisfies immediate project requirements, supports the objectives envisioned by the City, and provides a hedge against early obsolescence by continuing to meet the City’s needs well into the future. Econolite is excited about the opportunity to work with the City to deploy Centracs. Centracs is a powerful, groundbreaking system that is easy to deploy, easy to learn, and easy to use. Centracs is full of innovative features and is distinguished from the field of ATMS solutions in five key areas: innovative software technology, smart client Clearwater, Florida Centracs ATMS Proposal 3 architecture, the ability to easily add enhancements and expand the system, an intuitive user interface, and an incredibly rich feature set. 1.3.1 Innovative Software Technology Centracs is built upon the latest software technologies and as a result, provides the City with a barrier against obsolescence. In fact, since its introduction in 2009, there have been 17 major releases, each adding significant new features, as detailed in the following figure. Figure 1 - Centracs Roadmap 1.3.2 Smart Client Architecture Centracs utilizes a client-server architecture. A client-server system architecture is not new, but the segmentation of the system components is what makes Centracs unique. By encapsulating the user interface at the workstation, the interface is responsive, even over lower-bandwidth connections. The “core” server provides all the central ATMS functionality, such as system administration, schedule functions, system alerts, user settings, traffic responsive, and adaptive algorithms. A data abstraction layer on top of the Microsoft SQL Server database serves as a broker for all data requests throughout the system. Communications servers handle the real-time device messaging and network interface. This logical segmentation of the components provides tremendous scalability for the system, allowing the City to easily expand into the future. 1.3.3 Expansion and Enhancement Centracs is not only easy to use for day-to-day operations, but also extremely easy to expand support for additional devices. All system data is entered through the user interface. There are no .ini configuration files to edit manually, no direct interaction with the database, and no system restarts for most configuration items. Whether adding new devices, new users, or even additional communications servers, there is an intuitive graphical user interface (GUI) to assist the system user. With Centracs, we have included access to virtually every configurable element within the interface so that users can expand their own systems without requiring additional outside services. As for enhancements, the latest version of Centracs software is provided annually (or more often if patch releases are needed) at no additional cost, as long as the software maintenance agreement is current. Centracs represents great value, as it ensures you always have the most current technology. Additionally, Econolite continues to invest in Centracs to offer our customers the best in ATMS technology today and into the future. Of course, if custom software enhancements are required, Econolite offers software development services to meet unique customer needs as well. Clearwater, Florida Centracs ATMS Proposal 4 Econolite maintains one version of Centracs among all our 350+ deployments. This ensures quality of product and a consistent experience among our entire user base, such that users are not orphaned with a “one-off” system. Features that are developed for a single agency are typically developed in a way that provides value to all users. In some rare cases, features have been developed for one agency that do not have this broad applicability. In those situations, the features are provided as a modular selection so that other users who do not need this support do not experience the clutter of unneeded modules or interfaces (e.g., support for Houston’s HOT Lane reversible lane controller). 1.3.4 Intuitive User Interface The Centracs user interface is unique to the transportation industry and capitalizes on the latest Microsoft Foundation Class technology. While the interface can best be appreciated in a live demonstration, the screenshot shown in Figure 2 gives an idea of how the interface uses “containers” to present a wide variety of data elements in an organized fashion. With full multi- monitor support, the system supports additional frames that can be assigned to each monitor. Additionally, each user can save one or more preferred configurations and restore their unique preferences when logged in. Beyond the rich information content and flexible displays, the Centracs interface allows both expert and new users to be efficient and effective through context-sensitive menus, on-line help, and map and entity selection - allowing users to easily navigate and effectively use the capabilities of modern controller technology. 1.3.5 Rich Feature Set Econolite has been in the transportation management business for over 85 years. Over this time, we have learned many lessons, but one critical lesson is that no two users are exactly alike. With this in mind, we have designed Centracs to be standards-compliant while still offering users the ability to customize their user experience in a virtually unlimited number of ways. Since its introduction, we have released fifteen major updates adding additional capabilities and enhancing the existing feature set. Most of our new features are packaged with the core software and are provided at no additional cost to users under maintenance agreements. System Map Interface The main map and intersection graphics display is an integrated part of the system and is not a stand-alone application. The system automatically updates the status of all devices on all map displays once-per-second as data is retrieved from the field devices. Figure 2 - Centracs User Interface Clearwater, Florida Centracs ATMS Proposal 5 Centracs incorporates an interactive statewide map as the foundation for the main graphics display. The map can be displayed in any or all the available Centracs “containers” simultaneously or individually. Each instance of the map display is set up independently by panning and zooming such that each map region can be utilized as an individual sub-area for monitoring individual intersections or groups of intersections. Centracs maps are rendered dynamically using geo-coded Geographic Information Systems (GIS)- based map data. The Centracs system comes preconfigured with rendered map “tiles” generated from geographically accurate map data. The map data provides the most accurate street-level rendering capabilities for the Centracs map interface. Street curves, corners, and other geographic entities are depicted accurately and without distortion. The display also supports bitmap (.BMP), JPG/JPEG, .PNG, and .GIF raster file formats, ESRI shape files, and SDE version 9.x. Additionally, Centracs supports Web Map Services (WMS) to display geo-referenced map images from any WMS source, including ESRI ArcInfo Enterprise, if available and properly configured. Zoom level ranges are configurable such that the display of dynamic and real-time status data appears or changes at various zoom levels. The screenshots shown in Figure 3 represent the four supported zoom levels of the map interface including regional, statewide, corridor, and intersection level examples. Alarms Centracs can be configured to send alerts to users based on specific events from field devices or from components in the system. The existing events are displayed in the Alert Monitor dialog. Centracs receives “Events” from field devices and other points in the system. These “Events” can be logged, but also can generate “Alerts” or initiate other actions to occur. An “Alert” is a notification sent to either an online, logged-in user, or an offline recipient via an email or SMS text message. A “Trigger” defines how an event generates an Alert or Action and is user definable. Figure 3 - Centracs Maps Clearwater, Florida Centracs ATMS Proposal 6 All Centracs users, whether online or offline, can be assigned to receive alerts. Offline recipients are those individuals that are not currently using the ATMS and therefore require an email or SMS message notification. To send emails or SMS text messages, the email server must be configured and setup using the Centracs SMTP Servers main menu setup window. If an alert is not acknowledged or closed within a certain period, the user may “escalate” the alert or send it to an additional recipient or group of recipients. Centracs allows for this via Alert Escalations. Traffic Control Centracs supports five central traffic control strategies that allow the traffic operations staff to ensure the system is either running its normally scheduled TOD patterns, or dynamically commanding alternate patterns to meet non-recurrent traffic patterns, special events, or other needs. The following strategies are offered in order of descending priority: • Manually Commanded / Overridden • Incident Response Triggered • Adaptive (licensed per intersection) • Traffic Responsive • Time-of-Day (TOD) These methods of traffic control can be applied in any combination to individual controllers, sections of controllers, and groups of controllers. Controllers can belong to a single section at any time but can be moved from one section to another manually or by Time-of-Day. Controllers can also belong to multiple groups at any one time, offering maximum flexibility in traffic control strategies. Reports Centracs provides a full set of reports that provide insight into the roadway conditions as well as operational status and events within the infrastructure itself. These reports are generated using Microsoft SQL Reporting Services. Some reports allow for specifying, filtering, and sorting parameters to customize the reports. Centracs currently provides twenty-nine (29) reports that include information compiled from data retrieved from the system and any field device capable of logging data. The following is a list of the available Centracs reports: Figure 4 - Centracs Alarms Clearwater, Florida Centracs ATMS Proposal 7 • Alerts Log • Communications Statistics • Detector Fault Status • Detector Fault History • Device Configuration • Entity Hierarchy • Entity Notes • Hourly Comm. Statistics • Intersection Events • Links • Raw Detector Data • Section Schedules • Signal Changes • Signal Detector Events • Signal MMU Events • Split Upload and Compare • Split Monitor • System Activity • System Events • Time Drift • Time Drift History • Traffic Responsive • TSP Summary • User Login • Users and Recipients • VOS Daily Report • VOS Hourly Report • VOS Multi-Date Hourly Report • VOS Multi-Date Daily Report Centracs also provides a means by which user-specific reports can be created and added to the Reports menu item without the requirement of additional third-party software or custom development work by the software provider. Microsoft SQL Reporting Services is provided as the custom report-generating tool. Optional Centracs Modules We believe some of the following optional Centracs modules may also be of interest to the City. Maintenance Management System Centracs MMS provides real-time data entry that tracks all field activities and assets. This is an industry-specific asset management system that provides document management, staffing management, inventory control, and more. Other features include a mobile web interface that allows technicians to enter data in the field, increasing timeliness, accuracy, and providing real-time status of reported problems and response. In addition, because of its feature to fully integrate with an ATMS, MMS can respond to system events by creating a service ticket and even dispatching technicians assigned to the affected area or on-call. Synchro Interface Module The Centracs Synchro interface provides the ability to import controller phasing and timing data from a Synchro generated Universal Traffic Data Format (UTDF) file into a controller database editor. After importing the UTDF data, the timing information can be saved to the Centracs database. From there, it can be edited and then downloaded to the controller. Any subsequent changes made to the timing plans in Centracs or uploaded from a controller can also be exported back into the UDTF file for import to Synchro. The Centracs Synchro Interface Module license only pertains to Centracs and the option to export and import data to/from the external Synchro software, it does not include the Trafficware Synchro software itself. Dynamic Message Sign (DMS) Management Centracs supports Dynamic Message Signs, which allows users to manage and control signs and messages from within the Centracs user interface. The DMS module has a user interface that Clearwater, Florida Centracs ATMS Proposal 8 supports operations for NTCIP compatible signs, which includes message formatting, true display on workstation, message libraries, and banned word lists. Centracs Travel Time The Centracs system supports an interface to the data collected by Travel Time systems. This interface provides automated recognition of new BlueTOAD devices that can display data on the Centracs system maps by changing roadway colors. It also includes detailed current and historical travel-time reporting for before-after studies Server-to-Server The Centracs Server-to-Server (S2S) module provides a unique interface allowing agencies to achieve unparalleled benefits through cooperative operations and system management. Adjoining Centracs-managed agencies can seamlessly share data and manage arterial traffic across agency boundaries, finally realizing and exceeding the promises of Center-to-Center communications. Centracs Server-to-Server also allows agencies to participate in cross-jurisdictional management and monitoring of neighboring agency intersections. NTCIP Center–to-Center Interface Centracs supports NTCIP Center-to-Center Interfaces that exchange data objects with other central systems using published NTCIP objects including the Traffic Management Data Dictionary (TMDD). Data can be securely exchanged between centers and displayed on each system. This functionality could be used to exchange data and information between the City and other regions’ systems for more efficient management of the State transportation system as a whole. Closed Circuit Television (CCTV) Centracs can support video streaming from RTSP sources directly into the Centracs client workstation. Centracs also offers an optional integration into a 3rd party CCTV system, Genetec’s Security Center video management software (VMS). Clearwater, Florida Centracs ATMS Proposal 9 2. Project Tasks The following project tasks are based on Econolite’s broad experience with ATMS projects; some tasks may vary based on the specific needs of the City. 2.1 Server Procurement For this project, Econolite will be responsible for providing physical servers and three (3) workstations as described in the following tables. A four-post equipment rack and/or space, and associated rack peripherals will be provided by the City. Table 2 – Typical Specifications of Econolite-supplied Database Server Item Description Quantity Server: Dell PowerEdge R740 1 Processor: Intel Xeon Gold 5118 2.3G, 12C/24T, 10.4GT/s, 16.5M Cache 2 Memory: 128GB Memory 1 Hard Drive: 480GB SSD SATA 2.5in Hot-plug Drive 6 Hard Drive Controller: PERC H750 Raid Controller for RAID 5 1 Operating System: Microsoft Windows Server 2019 Standard 1 Database Software: Microsoft SQL Server 2019 Standard 1 Manufacturer Support: 36-month, next business day 1 Table 3 – Typical Specifications of Econolite-supplied Core Server Item Description Quantity Server: Dell PowerEdge R640 1 Processor: Intel Xeon Gold 5222 3.8G, 4C/8T, 10.4GT/s, 16.5M Cache 2 Memory: 32GB Memory 1 Hard Drive: 600GB SAS HD 2.5in Hot-plug Drive 2 Hard Drive Controller: PERC H330 Raid Controller for RAID 1 1 Operating System: Microsoft Windows Server 2019 Standard 1 Manufacturer Support: 36-month, next business day 1 Table 4 – Typical Specifications of Econolite Supplied Workstations (Quantity 3) Item Description Quantity Workstation: Dell Precision 3660 Tower 1 Processor: Intel Core i5-12600K processor (20MB Cache, 10 Core (6P+4E), 3.7GHz to 4.9GHz (125W)) TDP 1 Memory: 16GB, 2x8GB, DDR5 up to 4400MHz UDIMM non-ECC memory 1 Hard Drive: 512GB PCIe NVMe Class 40 M.2 SSD 1 Clearwater, Florida Centracs ATMS Proposal 10 Video Card: Nvidia T1000, 4GB, 4mDP to DP adapter 1 Monitor: Dell UltraSharp 24 Monitor - U2422H 2 Manufacturer Support: 36-month, next business day 1 Server component availability and specification may change as technologies advance; Econolite’s Project Manager will review all the hardware/Commercial- off-the-Shelf (COTS) specifications with the City prior to procurement. All server components will be delivered to Econolite’s office for testing, software installation, and configuration. Any incompatible hardware not supplied by Econolite will be the responsibility of the City to resolve. Should additional components be necessary or requested, Econolite will provide an updated procurement list and corresponding pricing. 2.2 Factory Testing & Configuration Econolite will begin configuration of Centracs on a staging server. We will install the software, prepare the base map graphic, and develop up to seventy-four (74) intersection diagrams. If available, and to facilitate system configuration, we will require that the City provide the following information: • A list of all intersections including intersection number, main street, cross street, & geographic coordinates, if available • A list of all street names in the City, if available • Current phase diagrams & timing sheets for each intersection • Background images Initial configuration activities will also include conversion of the City’s existing controller databases to EOS. Econolite will apply a thoughtful and consistent process in performing the controller database conversions and testing necessary to migrate to EOS software. The following steps outline the process we will employ: 1. Data Collection: Econolite will obtain the most current and up to date timing sheets and phase diagrams for each intersection from the City. Where possible, we will upload controller databases directly from the City’s existing system. 2. Database Conversion: To facilitate the conversion process, Econolite will provide specialized training to our team of engineers to make certain that even the most obscure database elements are effectively managed in the conversion process. Minimum clearance intervals and safety parameters will also be assessed during the conversion process. If any parameters appear inappropriate or out of normal range, Econolite will provide a separate quote to address any necessary timing or configuration changes. While paper records will be produced, timings will be electronically input into a virtual controller and uploaded to a staging site to facilitate loading the timings into the controller. 3. Loading: A controller will be connected to the Centracs staging server. The converted database will be downloaded onto the controller. The controller will then be labeled, removed, and staged for testing and eventual deployment. 4. Testing and Quality Control: The converted timing database will be downloaded to a test controller to verify proper conversion and acceptance in the controller environment. Engineers will validate that the databases have been properly converted prior to making a recommendation for field deployment. Clearwater, Florida Centracs ATMS Proposal 11 5. Field Installation: After testing and quality control are complete, the City will be responsible for installation of new controllers in the field, with as-needed technical support from Econolite’s local Field Support Representative. Regarding the City’s request that Bing mapping be used, this is available within Centracs, but requires that the City already is licensed or will license Bing. If the City does not have Bing mapping, then we would utilize the City’s GIS mapping or HERE mapping. 2.3 Communications Network Deployment Econolite will prepare a communications network design/layout, including an IP Address Scheme and VLAN Assignments, procure cellular modems, power supplies, and antennae for seventy-four (74) intersections, and install the cellular modems. The City will be responsible for establishing cellular data service with the City’s cellular provider. Econolite will also supply and configure a network switch and firewall at the City’s TMC. The City will be responsible for providing a public IP address for the firewall that the cell modems will connect to. Communications Security Centracs utilizes NTCIP and IP for network communications. These protocols do not contain any built-in security. Therefore, it is the City’s responsibility to secure its traffic control network both physically and logically from public access (Internet). Econolite has worked with a third-party provider who provides network security in the controller cabinet. This device sits between the cabinet communications demarcation point and the controller, and watches for inherent cyber-attacks at the controller by reviewing IP addresses of the requests for connection. It allows for ‘white labeling’ specific IP addresses (such as the connection to Centracs). Econolite can include this as an optional item if desired. 2.4 On-Site System Installation & Integration Econolite will be responsible for all on-site Centracs system integration, to include configuring the system using the Centracs servers, and three (3) Econolite-provided workstations. During on-site integration, Econolite will be responsible for integrating up to seventy-four (74) Econolite Cobalt controllers into the Centracs ATMS. On-site integration activities will include: • Install database and core servers in City-provided rack space and connect servers to power and City network. • Configure/confirm database server backup scheme. • Install Centracs client software on three (3) Econolite-provided workstations and establish connection to Centracs servers. • Confirm communication from Centracs to the seventy-four (74) intersections via presence of intersection status/polling data within Centracs. • Perform upload and save of controller databases for the seventy-four (74) intersections. • Install/configure S2S module using permissions established jointly by the City and County. Confirm connection to the Pinellas County Centracs system via inspection of data moving between the respective systems. Clearwater, Florida Centracs ATMS Proposal 12 Centracs MMS Centracs MMS integration activities commence with deployment planning. Econolite will meet with City personnel to assist in the organizing of information to be maintained at/by locations, assets, ownership (in the case of multiple jurisdictions), and operational criteria. This will help ensure an effective deployment of Centracs MMS. Centracs MMS requires development and import/entry of accurate data. That data would include location (latitude/longitude) for mapping/reference, unique identification method and entry, location- specific documents and images, field technician staff names and schedules, vehicle information and inventory, maintenance shop inventory, etc. The specific data requirements for the desired operation will be produced as part of the deployment planning task. Most of this information is already available and may be straightforward to enter through the user interfaces provided with the system. Latitude/longitude information, pictorials, as-built, and inventory descriptions are also not difficult but can take some time. Our proposal assumes that once Centracs MMS is installed and operational, the City will collect and enter all MMS-related data; however, many agencies prefer to have Econolite develop and/or enter this data. Econolite can provide a proposal for the data collection and entry task at the City’s request. 2.5 Server-to-Server Module Our proposal includes supply and configuration of the Centracs Server-to-Server (S2S) module to connect the City’s Centracs system to the Pinellas County system. The S2S module provides a unique interface allowing agencies to achieve efficiencies through cooperative operation and system management. It is now possible for adjoining Centracs cities and agencies to seamlessly share data and manage arterial traffic across agency boundaries. S2S also allows agencies to participate in cross-jurisdictional management and monitoring of neighboring agency intersections. With S2S technology, individual agencies maintain full control over which devices are exposed to other Centracs systems. In addition, each agency controls the data that is published and how much system control is given or shared across the S2S interface. As agencies connect via a Centracs S2S peer network, the connected Centracs servers immediately begin to publish the desired data, including device status on the system maps and entity trees. Accordingly, the addition of Centracs systems from other agencies is easily accomplished through the intuitive Centracs user interface. The Centracs S2S approach uses modern network communications technologies allowing agencies to cooperate in solving traffic management problems on a broader scale. Key considerations when implementing S2S include: • Sharing detection sources from other systems for the purpose of Traffic Responsive operation • Jurisdictional responsibilities for monitoring traffic controllers • Interagency access to real-time controller data • Interagency user access, role definition and account management • Cooperation between agencies’ IT departments in allowing S2S connectivity • Emergency response planning The S2S technology allows agencies to operate using different modes or approaches. The flexibility of the design allows the system to be configured to meet a variety of cross-agency needs. From a high level, there are two main ways to use S2S: Interactive and Automated. Clearwater, Florida Centracs ATMS Proposal 13 Interactive Server-to-Server Operation The Interactive S2S operation assumes real-time interaction with Traffic Management Center operators. There are two approaches to use S2S interactively: 1. Monitoring – This approach allows one agency to use S2S features to simply observe or monitor another Centracs system. At the monitoring agency, the device inventory and status of remote systems are added to the entity tree and system maps in a single, seamless display. Remote agencies maintain full control of their devices but allow the monitoring agency the ability to see their devices’ status. The monitoring agency can also operate its own local signals while it monitors those from other agencies. To the monitoring agency, there is little distinction between locally controlled devices and those “imported” from the remote agencies. 2. Supervisory – Adding to monitoring capabilities, another approach can be described as “Supervisory” in nature. S2S enables users on a Centracs system at one agency to command operations on another agency’s Centracs system, down to the intersection level as needed. This capability allows remote plan changes, manual commands, and other operations. Controller database uploads and downloads and peer to peer alarm notifications and report generation are not currently supported. Automated Operation The second high-level approach or application for using S2S can be described as Automated Operation. While this approach includes the functionality of the Interactive applications, the additional functionality offers automated operations like sharing of detector data and Traffic Responsive and Time-of-Day scheduling of operations across systems. Using S2S in this way, agencies share real-time data and status across agency boundaries to improve management of traffic along shared arterials. This application of S2S allows for common Traffic Responsive operations on arterials shared across agency boundaries. It also allows stronger interagency coordination, event, and emergency response planning. While signal control and data sharing, along with scheduled and traffic responsive operations are supported under S2S, shared adaptive operation for shared signals is not currently available. Other devices, such as CCTV, DMS and BlueTOAD are not supported via the S2S module. It is the responsibility of the cooperating agencies to establish appropriate and secure network connections with sufficient bandwidth to accommodate the flow of data between the systems as well as any server accounts to allow establishment of the S2S network. All agencies involved in the S2S network will require software upgrades so that each is running the same Centracs software version. Agencies under warranty or current with their maintenance agreements will receive software upgrades at no additional charge. Agencies not under warranty or without current maintenance agreements would need to purchase a Centracs Software Maintenance Agreement to receive the required software upgrades. Each agency will be individually responsible for licensing the S2S module for its respective Centracs system. Our quote includes licensing of the Centracs S2S module for Clearwater and Pinellas County, plus two connection licenses (one for connection from Clearwater to Pinellas County and the other for connection from Pinellas County to Clearwater). Labor has also been included for the S2S module setup on both systems, configuration, and up to a half day of training. Clearwater, Florida Centracs ATMS Proposal 14 2.6 Documentation Throughout the duration of the project, Econolite will provide the City with project documentation as it relates to Centracs and Centracs Mobility. To conserve paper and the environment, Econolite offers on-line help and electronic documentation. The on-line help is context-sensitive, topic-based information delivered to Centracs users in an electronic form via the Centracs user interface. Econolite can print the required documents for an additional cost but would like the City’s support in using electronic documentation as circumstances allow. 2.7 Training Econolite will provide one (1) day of classroom training to the City after the system integration team demonstrates the system is functionally operational. The training will include instruction on system functionality, use, configuration, and administration and will incorporate City examples. Training should be conducted at the TMC for optimal understanding of the system and should include no more than ten (10) people. In addition, during the system integration process, Econolite will provide “over the shoulder” style training. 2.8 Centracs Acceptance Testing After training is complete, an Econolite Team system engineer will perform the 1-day Centracs Acceptance Test (CAT) in conjunction with City personnel. Performing the acceptance test after the City has undergone training allows personnel a better understanding of the software and system performance. The CAT consists of an operational demonstration to the City of all major software components using a standard system acceptance test developed by Econolite. Standard system acceptance test documentation will be provided to the City for review and approval a minimum of two-weeks prior to execution of the CAT. 2.9 Project Acceptance Upon successful completion of all project deliverables and the CAT, Econolite will provide a project letter of acceptance to the City. This letter recognizes project closure and reiterates the date from which each warranty hereunder will take effect. 2.10 On-Going System Support Econolite prides itself on providing unparalleled support and service to the ITS community and has done so for over 85 years. We provide factory warranties to back all our products and software maintenance agreements for on-going service after factory warranties have expired for our systems. We have the capability of remotely connecting to any of our supported systems given a proper VPN connection, allowing our engineers to provide support, technical assistance, and/or troubleshooting from anywhere in the world. Warranty Econolite provides a one (1) year warranty beginning upon completion of acceptance testing for Econolite developed ATMS software. Our standard product warranty applies to all other Econolite products and the standard manufacturer’s warranty applies to third-party products purchased by Econolite. Additional detail Warranty detail is included in the Centracs Software License Agreement that has been included in the Appendix. Clearwater, Florida Centracs ATMS Proposal 15 Software Maintenance Agreement Premium Software maintenance agreement (SMA) pricing is included with this proposal. Under the Premium SMA, annual software upgrades are performed remotely via a VPN connection provided by the City. The Premium SMA also includes the following: • System Health Monitoring. A third-party application is used to collect data from the Centracs Software, the Centracs Database, the Centracs System Servers and the Centracs System Network that can be reviewed to identify anomalous system behavior. • Cloud backup of Core database • Technical support of system software via telephone, email, Tech Support Site, or remote access provided by the Agency. • Dedicated Web Port Access. Ability to view open tickets, open new tickets, see status updates. Normal hours of operation are between 8am-5pm Mountain Time. Customer support is a priority for us and requests for support are typically responded to within 24 hours. A copy of the Centracs SMA has been included as an Appendix. Clearwater, Florida Centracs ATMS Proposal 16 3. Preliminary Schedule The following schedule information is preliminary and will be reviewed and finalized at the project kickoff meeting. Table 5 - Preliminary Project Schedule Task Schedule Notice to Proceed (NTP) Workstation Procurement NTP + 6 weeks Server & Network Equipment Procurement NTP + 3 months Intersection Configuration Obtain Information Configuration / Database Conversions NTP + 2 weeks Receipt of Information + 2 weeks Communications Network Establish Cellular Data Service Communications Network Layout NTP + 2 months NTP + 2 months On-site Installation & Integration System Configuration MMS Set-up S2S Module Installation Server Procurement Completion + 1 month Server Procurement Completion + 1 month Server Procurement Completion + 1 month Documentation Throughout Project Training On-site Installation & Integration Completion + 1 week Centracs Acceptance Test (CAT) Training Completion + 1 week Project Acceptance CAT Completion + 1 day Warranty Project Acceptance + 1 year Software Maintenance Agreement Warranty + 1 year Clearwater, Florida Centracs ATMS Proposal 17 4. Pricing Summary Table 6 System Pricing ITEM # Item Description Unit Qty Unit Price Total 1 Licensing, Integration, Testing, and Training LS 1 $168,700 $168,700 Included: Econolite Systems proposal includes pricing to supply the following items: • Centracs: licensing for 74 intersections. • Centracs Synchro Interface Module • Installation and configuration of Centracs ATMS software. • Intersection controller database conversion, graphics, and integration for up to 74 intersections. • 1-day of classroom training, plus ad hoc training during integration. • 1-day acceptance test. • Standard system documentation. • 1-year warranty from the date of Centracs acceptance. Assumptions: • City will provide Econolite with existing timing plan information for the project intersections. • Econolite will perform controller database conversion for 74 intersections. The City will be responsible for installation of upgraded controllers. • The price to add additional intersections to the system would be $2,260/intersection. This includes Centracs licensing, controller database conversion to EOS, intersection graphics, and intersection integration into Centracs. Price does not include supply and installation of additional cellular modems, controller hardware, and EOS licensing. 2 Centracs MMS Module LS 1 $54,730 $54,730 Included: Econolite Systems proposal includes pricing to supply the following items: • Software licensing for up to 74 locations. • Software installation and deployment planning support. • System configuration by Econolite. • System Acceptance Testing. • 1-year warranty from system acceptance. Assumptions: • The City will be responsible for all field data collection and data entry. • An interface to Pinellas County’s CityWorks system is not included but can be incorporated at a later date. 3 Centracs S2S Modules LS 1 $46,610 $46,610 Included: Econolite Systems proposal includes pricing to supply the following items: • S2S Module license for Clearwater and 1 S2S connection license to Pinellas County. • S2S Module license for Pinellas County and 1 S2S connection license to Clearwater. • Module setup, configuration, and training. • System Acceptance Testing. • 1-year warranty from system acceptance. Clearwater, Florida Centracs ATMS Proposal 18 ITEM # Item Description Unit Qty Unit Price Total Assumptions: • City and Pinellas County will be responsible for establishing a secure network connection with sufficient bandwidth between the agencies. 4 Computer Hardware LS 1 $34,490 $34,490 Included: Econolite Systems proposal includes pricing to supply the following items: • Centracs Database Server. • Centracs Core Server. • Operator Workstations (3). Assumptions: • City will provide a four-post rack for mounting servers and any necessary rack ancillaries. • City will provide Internet access to the servers. 5 Cellular Modems INT 74 $2,040 $150,960 Included: Econolite Systems proposal includes pricing to supply the following items: • Network/VLAN Design • Procurement of 74 Sierra Wireless MP70 routers, power supplies, antennas, and Ethernet cables. MP70 includes 3-year manufacturer warranty. • Installation of cellular routers at 74 locations Assumptions: • City to supply SIM cards for all routers. • City to contract/supply cellular data service for all locations. • Econolite will program the modems per the network/VLAN design parameters, but responsibility for the overall on-going network operations and maintenance remains with the City. 6 Central Communications Equipment LS 1 $19,980 $19,980 Included: Econolite Systems proposal includes pricing to supply and configure the following items: • Cisco Catalyst 9200L 24-port data, 4 x 10G, Network Essentials. Includes 3 years of Cisco SmartNet Total Care. • Fortinet Fortigate 200F Firewall with 3 years of Forticare Contract Assumptions: • The City will be responsible for providing a public IP address for the firewall that the cell modems will connect to. • The City will be responsible for SmartNet Total Care and Forticare for networking equipment after 3-years. 7 Centracs Software Maintenance Agreement YR 1 $25,280 $25,280 Included: Econolite Systems proposal includes pricing to supply the following items. • Premium Software Maintenance Agreement for one (1) year from the conclusion of the system’s one (1) year warranty. Includes coverage for Centracs ATMS licensing, plus all modules (Synchro Interface, MMS, S2S). Note: A 10% discount is available for prepaid SMA terms of 3- or 4-years. A 15% discount is available for a prepaid SMA term of 5-years or more. TOTAL PRICE $500,750 Clearwater, Florida Centracs ATMS Proposal 19 Terms and Conditions 1. Shipping is included in the pricing. 2. Total price does not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise, or other tax or government-imposed fee or tariff applicable to the sale or use of the equipment hereunder shall be paid by Agency, or in lieu thereof Agency shall provide Econolite Systems with a tax exemption certificate acceptable to taxing authorities. 3. Pricing is valid for forty-five (45) days from the date of this proposal. Clearwater, Florida Centracs ATMS Proposal 20 5. Appendix 1250 N. Tustin Ave. ♦ Anaheim, CA 92807♦ PH: (714) 630-3700 ♦ FAX: (714) 630-6349 econolite.com ♦ feedback.econolite.com Software End User License Agreement and Terms of Use Centracs® Advanced Transportation Management System Software IMPORTANT! READ CAREFULLY: This Centracs SOFTWARE End User License Agreement ("EULA") is a legal agreement between End User (“Licensee” or “End User”) and Econolite Systems, Inc. (“Licensor” or “Econolite”) for any and all Centracs software products and modules, including but not limited to SPM, Edaptive, and Priority, and encompassing computer software and firmware programs and associated media, printed materials, and "online" or electronic documentation and technical information ("SOFTWARE"). By clicking the “I Accept” button or otherwise accepting this EULA through an ordering document, and installing, copying, or otherwise using the SOFTWARE, you the Licensee, agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must select the “I Decline” button and not access and use the SOFTWARE. SOFTWARE License The SOFTWARE and its documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. This EULA grants you the following rights: • A non-exclusive, non-transferable, non-sublicensable, perpetual license to use the SOFTWARE only in machine-readable form. • You may install and use the Centracs Core, Device Manager, Communications, and other Server components of the SOFTWARE to communicate with the maximum number of field devices set by the license key included with the SOFTWARE. • You may use Centracs SOFTWARE to monitor and operate only those devices that are owned by you and are located within your jurisdiction. Use of the SOFTWARE to manage devices owned by any other individual or entity without express written consent of Econolite is expressly prohibited. • You may install and use the Centracs Client/Workstation SOFTWARE on any number of your authorized user workstations. The Centracs Client/Workstation SOFTWARE may only be used with your Centracs system. Use of the Centracs Client/Workstation SOFTWARE with any other entity’s Centracs system is expressly prohibited. • Copying, installation, uploading, access or use of this SOFTWARE or any accompanying documentation or materials except as permitted by this EULA is unauthorized and constitutes a material breach of this EULA and an infringement of the copyright and other intellectual property rights in such SOFTWARE. Such unauthorized use may subject you to damages and injunctive relief, and other penalties. • You may not (and will not allow any third party to) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code or underlying ideas or algorithms of the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable 1250 N. Tustin Ave. ♦ Anaheim, CA 92807♦ PH: (714) 630-3700 ♦ FAX: (714) 630-6349 econolite.com ♦ feedback.econolite.com law, notwithstanding this limitation. • You may not (and will not allow any third party to ) modify, adapt, translate, or otherwise create derivative works of the SOFTWARE. • You may not sell, lease, license, sublicense, distribute, disclose, provide, or otherwise transfer in whole or in part the SOFTWARE or any parts thereof to another party without Econolite’s express written consent. • You must at all times maintain adequate security measures to safeguard the SOFTWARE from unauthorized access, use, and disclosure; supervise and control access to and use of the SOFTWARE in accordance with this EULA. • You must at all times maintain and shall not remove or obscure the markings clearly labelling the SOFTWARE as the property of Econolite and/or its suppliers. • Without prejudice to any other rights, Econolite may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. SOFTWARE and Support Fees You shall pay Econolite the license and support fees for the SOFTWARE upon the terms set forth by separate written agreement. SOFTWARE Ownership Any Centracs SOFTWARE that is made available from Econolite is the copyrighted work of Econolite and/or its suppliers or others that have licensed material to Econolite. Use of the SOFTWARE is governed by this EULA. As between the parties, Econolite retains all ownership rights, title, and intellectual property interests in and to the SOFTWARE, including without limitation all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary right, including registration applications, renewals, and extensions of such rights. The SOFTWARE is made available for use by customers of Econolite and/or its subsidiaries, distributors, authorized agents or representatives or suppliers, according to this EULA. Any reproduction or redistribution of the SOFTWARE not in accordance with the EULA is expressly prohibited by law. SOFTWARE Warranties Econolite warrants that the media, if any, on which the SOFTWARE is delivered and documentation supplied is free from defects in material and workmanship under normal use and service and that the SOFTWARE will substantially conform to the description contained in the documentation for a period of ninety (90) days beginning upon Agency’s acceptance of the SOFTWARE, unless a longer duration is mutually agreed to in writing by the parties. In the event of notification within the warranty period of defects in material or workmanship, or if the SOFTWARE does not substantially conform to the description contained in the documentation, ECONOLITE, at its sole option, will promptly repair or replace the defective media or documentation or correct the defects in the SOFTWARE. WARRANTY DISCLAIMER: The foregoing is the only warranty of any kind expressed or implied. There are no implied warranties of merchantability and fitness for a particular purpose. Econolite shall have no liability for any consequential damages alleged to result from this license to use the SOFTWARE. 1250 N. Tustin Ave. ♦ Anaheim, CA 92807♦ PH: (714) 630-3700 ♦ FAX: (714) 630-6349 econolite.com ♦ feedback.econolite.com SOFTWARE Support Econolite shall provide support, patches, or fixes for the SOFTWARE only as required under the SOFTWARE Warranty, or otherwise agreed to in a separate written agreement signed by the parties. You acknowledge that extended periods of support, advanced support, upgrades, enhancements, training, and customization may be subject to additional fees. Any source code escrow shall be upon the terms set forth by separate written agreement. SOFTWARE Copyright The SOFTWARE is developed and marketed by Econolite in part under a license of certain copyrighted works of others as to certain elements and in part as the copyrighted work of Econolite. Use of the SOFTWARE is governed by the terms of this Agreement, certain of the terms of which relate to or incorporate other agreements respecting intellectual property contained in the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material. You may not copy the SOFTWARE and printed materials accompanying the SOFTWARE except as authorized by Econolite. Econolite warrants it has the authority to grant this EULA without additional consent of others, and that use of the SOFTWARE in accordance with the EULA will not infringe the rights of any third party. Restricted Rights Legend Any SOFTWARE which is provided for or on behalf of the United States of America or for or on behalf of Licensee, their agencies and/or instrumentalities ("U.S. Government) is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in Federal Acquisition Regulations subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer SOFTWARE clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer SOFTWARE - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Econolite Systems, Inc., 1250 N. Tustin Ave., Anaheim, CA 92807 (714) 630-3700. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. Software Maintenance Agreement This Agreement is for Centracs software maintenance to be provided by Econolite Systems, Inc. (hereafter referred to as “Econolite”) to the City of Clearwater, Florida (hereafter referred to as “Agency”) as follows: PRODUCTS COVERED This Agreement covers systems maintenance support of the base Centracs system software licensed to Agency [74 Centracs Licenses, Synchro Interface Module, MMS licensed for 74 locations, S2S module with 1 connection license]. This Agreement does not cover third party commercial off the shelf (COTS) software (even if that software is required for correct system operation), system hardware, communications equipment, or field equipment and software unless that software falls under the base Centracs system software license Agreement. PERIOD OF COVERAGE This coverage is valid for one (1) year from the commencement date of this agreement. Thereafter the annual fee for systems maintenance agreement may be renegotiated by the parties not less than sixty (60) days prior to the expiration of the period of coverage. COVERAGE Econolite provides two options for continued software support and annual upgrades: BASIC– Provides for: • One annual upgrade for the supported software. Upgrades will be performed via a remote connection provided by the Agency. • Technical support of system software via telephone, email, Tech Support Site, or remote access provided by the Agency. • Dedicated Web Port Access. Ability to view open tickets, open new tickets, see status updates. PREMIER – Provides for: • One annual upgrade for the supported software. Upgrades will be performed via a remote connection provided by the Agency. • System Health Monitoring. A third-party application is used to collect data from the Centracs Software, the Centracs Database, the Centracs System Servers and the Centracs System Network that can be reviewed to identify anomalous system behavior. • Cloud backup of Core database • Technical support of system software via telephone, email, Tech Support Site, or remote access provided by the Agency. • Dedicated Web Port Access. Ability to view open tickets, open new tickets, see status updates. TECHNICAL SUPPORT Technical support and service from Econolite shall be provided by remote access provided by the Agency unless on- site support is requested by Agency or Econolite deems necessary. In the event on-site support is provided, Econolite, at its option, may invoice for time, travel and lodging as identified in the provisions below. TECHNICAL SUPPORT HOURS OF OPERATION: 8:00am to 5:00pm (Mountain Time) / Monday – Friday except for holidays recognized by Econolite. Support requests received outside normal hours of operation are generally responded to within twenty-four (24) hours. TECHNICAL SUPPORT CONTACT INFORMATION: Local Account Manager or, Phone: 714.630.3700 or 800.225.6480 or, Online at www.econolite.com PROVISIONS 1. Payment for services under this Agreement is due within thirty (30) days of Agency’s receipt of proper invoice. 2. Annual pricing is subject to change, but will not exceed a 15% increase plus CPI in any calendar year. Econolite will provide Agency with a quote indicating annual pricing a minimum of 30 days prior to renewal, including any discount for Agency’s prompt agreement to renew, prior to the end of the renewal term. 3. Agency shall maintain internet access, or VPN (Virtual Private Network) connection for remote access to the system by Econolite. Econolite will provide support services by means of remote access. Such means may include, without limitation, remote access to Agency computer(s), remote telephone consultations, and the provision of written documentation and other materials to Agency, by mail or electronic means. Response time for requests for remote support shall be kept under twenty-four (24) hours. 4. Agency acknowledges that it must grant access to Econolite in order for Econolite to install a third-party application to collect data that can be used by Econolite to monitor the performance of Centracs and related hardware components and to provide backup protection. Econolite shall install the application upon Agency’s grant of access. 5. In the event Econolite deems Agency’s hardware, operating system, or other third-party software insufficient for installation of an Upgrade Release, Agency shall be responsible for the cost and installation of any new hardware or software as may be required 6. In the event Econolite identifies a fault or failure in software or hardware not covered under this Agreement, which affects the operation of the ATMS, then Agency agrees to take prompt action to correct such faults and failures. Upon correction of said failures, Econolite shall ensure that the ATMS is restored and operational within five (5) working days. 7. In the event Econolite identifies a fault or failure in Centracs system software covered under this Agreement, which affects the operation of the ATMS, Econolite shall ensure that the system is restored and operational within five (5) working days. If the failure is due to third party hardware or software provided by Econolite, Econolite will ensure that the system is restored within five (5) days of the third party replacing or repairing the items which they supplied. 8. This Agreement may be voided at the option of Econolite if Agency modifies any part of the ATMS Centracs system software where source code has been provided. Econolite will determine, in its discretion, if these modifications impede the ability to provide continued support and system upgrades. 9. A software upgrade may require hardware and third-party COTS software (e.g. operating systems, database servers, drivers, etc.) upgrades to ensure the performance and functionality of the system. Econolite will provide details of minimum system requirements and the system will be upgraded at Agency’s cost to meet or exceed these requirements at least one week prior to the base ATMS software upgrade. 10. An upgrade may not support all the functionality of the previous version of the ATMS. Prior to the upgrade, Econolite will provide Agency with release notes for the new product that describes new and modified functionality. It is not anticipated that any core functionality will be lost, however support for obsolete field devices may not be included in future system upgrades. 11. There shall be no third-party applications loaded onto any server, workstation or laptop accessing or forming part of the ATMS which interfere with the operation or installation of the ATMS Centracs system software. In the event that a third-party software does affect the operation or installation of the ATMS Centracs system software, the Agency shall be required to uninstall the third-party software. 12. This Agreement specifically excludes damage to the ATMS caused by the following: accident, unusual physical, electrical, electromechanical stress, neglect, misuse, failure of electric power, environmental conditions, transportation, or operating with operating systems, media or other software programs or use with hardware not approved by Econolite. 13. Econolite is not responsible for obsolescence of the ATMS that may result from changes in Agency computer or informational needs requirements or from changes in Agency’s operational hardware or software programs. 14. Econolite shall maintain all ownership rights in any enhanced Centracs software developed and provided by Econolite to Agency under this Agreement. Econolite shall license such enhanced Centracs software for use by Agency pursuant to the terms and conditions of the base Centracs system software licensed to Agency. 15. Econolite warrants the ATMS will perform as defined in the published product specification provided that: (a) the ATMS is used only with the hardware approved by Econolite and in accordance with Econolite’s documentation and use instructions; (b) the hardware is in good operating condition at all times and is installed in a suitable operating environment and is regularly maintained in accordance with the user documentation provided by Econolite or the manufacturer; (c) any error or defect in the ATMS is not caused by Agency, its employees, agents, contractors, or any third party. 16. The third-party application(s) used to a secure offsite backups of the core Centracs database configuration and to collect data to monitor the performance of Centracs and related hardware components is provided “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OR TRADE. ECONOLITE’S MAXIMUM LIABILITY UNDER ANY LEGAL THEORY, INCLUDING BREACH OF WARRANTY, TORT, OR OTHERWISE, RELATED TO THE INSTALLATION AND USE OF THE THIRD-PARTY APPLICATION SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY AGENCY TO ECONOLITE UNDER THIS AGREEMENT. The City acknowledges and agrees that this provision applies notwithstanding paragraph 8, Prohibited Contract Terms, subparts i) and ii) in the City’s Standard Terms and Conditions. 17. Major system upgrades that include new features and functions also include new ATMS user manuals. New documentation is not generated for minor system upgrades to correct errors. 18. Any lawsuit pertaining to any matter arising under or growing out of this Agreement shall be instituted in the State of Florida. 19. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of Agency and Econolite. 20. No supplement, modification or amendment of this Agreement or waiver of the provisions thereof shall be binding unless executed in writing by Agency and Econolite. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 21. In the event any action in law or equity, arbitration or other proceeding is brought for the enforcement of this Agreement or in connection with any of the provisions of this Agreement, upon determination by a court or arbiter, the prevailing party may be awarded its attorneys’ fees and costs reasonably incurred in such action or proceeding. 22. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 23. In the event any of the provisions of this Agreement shall, for any reason, be held void or unenforceable, the remaining provisions shall remain in full effect and shall control. 24. Any provisions of this Agreement prohibited by the law of any state shall, as to said state, be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. 25. Should any obligation of either party hereunder (except with respect to timely payment of invoices) be delayed by events beyond such party’s control, including but not limited to, natural or man-made disasters, strikes, government actions or regulations, failure of a third party to comply or conform or inability to obtain labor or materials through its regular sources, that party’s time for performance shall be extended by the period of delay upon approval by Agency. 26. Any provision which by its nature shall survive the expiration, cancellation or early termination of this Agreement shall survive the expiration, cancellation or early termination of this Agreement. PRICE Basic $20,220.00 for 1 Year Premier $25,280.00 for 1 Year On-Site $5,560.00 for 3 Days (optional) On-Site $3,033.00 for 1 Day (optional) *Prices do not include sales tax Please initial the selected coverage above. Signatures below indicate contractual Agreement with the terms and conditions herein. Coverage Effective: TBD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of ____________, 2023. CITY OF CLEARWATER, FL: Signature Print Title ECONOLITE SYSTEMS, INC.: Signature Tracey Ratcliffe Print Project Manager Title Software Maintenance Levels & Benefits BASIC– Provides for: • One annual upgrade for the supported software. Upgrades will be performed via a remote connection provided by the Agency. • Technical support of system software via telephone, email, Tech Support Site, or remote access provided by the Agency. • Dedicated Web Port Access. Ability to view open tickets, open new tickets, see status updates. PREMIER – Provides for: • One annual upgrade for the supported software. Upgrades will be performed via a remote connection provided by the Agency. • System Health Monitoring. A third-party application is used to collect data from the Centracs Software, the Centracs Database, the Centracs System Servers and the Centracs System Network that can be reviewed to identify anomalous system behavior. • Cloud backup of Core database • Technical support of system software via telephone, email, Tech Support Site, or remote access provided by the Agency. • Dedicated Web Port Access. Ability to view open tickets, open new tickets, see status updates. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0525 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Award a construction contract to Rowland Inc. of Pinellas Park, FL for Reclaimed Water Piping Improvements in the amount of $7,527,886.47 pursuant to Invitation to Bid (ITB) 21-0029-UT and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) 21-0029-UT obtained competitive prices for a contract for reclaimed water infrastructure improvements. The work includes, but is not limited to, connecting two dead-end mains to improve water quality, replacing broken and inoperable valves, and installing/replacing service lines with more damage-resistant materials. This work will occur in various locations in the City. February 8, 2023, Public Works Department issued ITB 21-0029-UT for the Reclaimed Water Piping Improvements Project. Four bids were received, and Rowland was the lowest responsible bidder in accordance with the plans and specifications. Engineer of Record CHA Inc. evaluated the bids and recommends awarding the contract to Rowland. Construction is anticipated to be completed within 548 calendar days from issuance of Notice to Proceed. The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining the reclaimed water systems. APPROPRIATION CODE AND AMOUNT: 3217321-546900-96739 $7,527,886.47 Second quarter budget amendments will transfer Water Revenue (388421) in the amount of $6,000,000 from 96767 Water RO Reservoir #2, Sewer Revenue (388422) in the amount of $1,500,000 from 96215 Northeast Plant Upgrades/Improvements to 96739 Reclaimed Water Distribution System. Additional funds available in 96739 Reclaimed Water Distribution System to fund this contract. Page 1 City of Clearwater Printed on 5/16/2023 Item#Description Unit Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization (5%)LS 1 400,000.00$ 400,000.00$ 380,000.00$ 380,000.00$ 232,500.00$ 232,500.00$ 490,000.00$ 490,000.00$ 2 General Conditions (3%)LS 1 210,000.00$ 210,000.00$ 230,000.00$ 230,000.00$ 99,530.00$ 99,530.00$ 290,000.00$ 290,000.00$ 3 Temporary Traffic Control/Maintenance of Traffic LS 1 250,000.00$ 250,000.00$ 2,978,000.00$ 2,978,000.00$ 216,310.00$ 216,310.00$ 500,000.00$ 500,000.00$ 4 2-inch RCW Polyethylene Main in 4" Casing, HDD with Associated Valves and Fittings LF 230 140.00$ 32,200.00$ 144.00$ 33,120.00$ 287.00$ 66,010.00$ 200.00$ 46,000.00$ 5 4-inch HDPE RCW Main, Installed Via HDD, Inclusive of Fittings, Restraints, Etc.LF 774 80.00$ 61,920.00$ 152.00$ 117,648.00$ 130.00$ 100,620.00$ 230.00$ 178,020.00$ 6 4-inch PVC RCW Main by Open Cut, Inclusive of Fittings, Restraints, Etc.LF 617 120.00$ 74,040.00$ 126.00$ 77,742.00$ 55.75$ 34,397.75$ 200.00$ 123,400.00$ 7 6-inch PVC RCW Main by Open Cut, Inclusive of Fittings, Restraints, Etc.LF 20 215.00$ 4,300.00$ 160.00$ 3,200.00$ 165.00$ 3,300.00$ 350.00$ 7,000.00$ 8 8-inch HDPE RCW Main, Installed Via HDD, Inclusive of Fittings, Restraints, Etc.LF 460 142.00$ 65,320.00$ 246.00$ 113,160.00$ 103.00$ 47,380.00$ 270.00$ 124,200.00$ 9 8-inch PVC RCW Main by Open Cut, Inclusive of Fittings, Restraints, Etc.LF 2,645 145.00$ 383,525.00$ 170.00$ 449,650.00$ 88.00$ 232,760.00$ 225.00$ 595,125.00$ 10 8-inch Ductile Iron RCW Main by Open Cut, Inclusive of Fittings, Restraints, Etc.LF 386 185.00$ 71,410.00$ 297.00$ 114,642.00$ 117.00$ 45,162.00$ 350.00$ 135,100.00$ 11 16-inch Ductile Iron RCW Main, Open Cut, Inclusive of Fittings, Restraints, Etc. LF 10 1,220.00$ 12,200.00$ 786.00$ 7,860.00$ 728.00$ 7,280.00$ 1,500.00$ 15,000.00$ 12 8-inch PVC Gravity Sewer Main, via Open Cut LF 964 130.00$ 125,320.00$ 397.00$ 382,708.00$ 354.00$ 341,256.00$ 380.00$ 366,320.00$ 13 10-inch Steel Casing LF 10 500.00$ 5,000.00$ 2,000.00$ 20,000.00$ 200.00$ 2,000.00$ 1,200.00$ 12,000.00$ 14 4-inch Gate Valve with Step Riser and Valve Box EA 25 3,150.00$ 78,750.00$ 3,000.00$ 75,000.00$ 3,070.00$ 76,750.00$ 4,000.00$ 100,000.00$ 15 6-inch Gate Valve with Step Riser and Valve Box EA 17 3,900.00$ 66,300.00$ 4,000.00$ 68,000.00$ 3,450.00$ 58,650.00$ 4,900.00$ 83,300.00$ 16 8-inch Gate Valve with Step Riser and Valve Box EA 13 5,550.00$ 72,150.00$ 5,000.00$ 65,000.00$ 4,480.00$ 58,240.00$ 7,000.00$ 91,000.00$ 17 12-inch Gate Valve with Step Riser and Valve Box EA 9 8,900.00$ 80,100.00$ 14,000.00$ 126,000.00$ 7,210.00$ 64,890.00$ 10,900.00$ 98,100.00$ 18 16-inch Gate Valve with Step Riser and Valve Box EA 1 15,000.00$ 15,000.00$ 16,100.00$ 16,100.00$ 14,450.00$ 14,450.00$ 26,000.00$ 26,000.00$ 19 20-inch Gate Valve with Step Riser and Valve Box EA 3 31,000.00$ 93,000.00$ 17,300.00$ 51,900.00$ 32,010.00$ 96,030.00$ 37,000.00$ 111,000.00$ 20 Fitting, Restraints and Piping for Valve Replacements per Intersection EA 15 12,000.00$ 180,000.00$ 24,000.00$ 360,000.00$ 7,200.00$ 108,000.00$ 5,000.00$ 75,000.00$ 21 4-inch Joint Restraint for Existing Main EA 10 200.00$ 2,000.00$ 900.00$ 9,000.00$ 1,260.00$ 12,600.00$ 700.00$ 7,000.00$ 22 8-inch Joint Restraint for Existing Main EA 10 350.00$ 3,500.00$ 1,000.00$ 10,000.00$ 1,370.00$ 13,700.00$ 800.00$ 8,000.00$ 23 4" Line Stop EA 1 9,500.00$ 9,500.00$ 5,000.00$ 5,000.00$ 8,280.00$ 8,280.00$ 6,000.00$ 6,000.00$ 24 2" Tapping Saddle with Valve with Step Riser and Valve Box EA 5 3,600.00$ 18,000.00$ 3,500.00$ 17,500.00$ 2,600.00$ 13,000.00$ 2,000.00$ 10,000.00$ 25 4" Tapping Saddle with Valve with Step Riser and Valve Box EA 1 5,600.00$ 5,600.00$ 5,000.00$ 5,000.00$ 5,440.00$ 5,440.00$ 4,000.00$ 4,000.00$ 26 6" Tee with 4" Valve with Step Riser and Valve Box EA 1 4,750.00$ 4,750.00$ 4,000.00$ 4,000.00$ 5,080.00$ 5,080.00$ 4,000.00$ 4,000.00$ 27 8" Tapping Saddle with Valve with Step Riser and Valve Box EA 1 8,800.00$ 8,800.00$ 8,000.00$ 8,000.00$ 8,860.00$ 8,860.00$ 5,200.00$ 5,200.00$ 28 12" Tapping Saddle with 8" Valve with Step Riser and Valve Box EA 1 12,200.00$ 12,200.00$ 10,000.00$ 10,000.00$ 8,930.00$ 8,930.00$ 6,200.00$ 6,200.00$ 29 4-inch Plug EA 10 550.00$ 5,500.00$ 800.00$ 8,000.00$ 685.00$ 6,850.00$ 200.00$ 2,000.00$ 30 6-inch Plug EA 1 575.00$ 575.00$ 1,000.00$ 1,000.00$ 744.00$ 744.00$ 240.00$ 240.00$ 31 8-inch Cap/Plug EA 1 675.00$ 675.00$ 1,500.00$ 1,500.00$ 892.00$ 892.00$ 280.00$ 280.00$ 32 2-inch ARV Assembly EA 5 10,750.00$ 53,750.00$ 7,000.00$ 35,000.00$ 18,020.00$ 90,100.00$ 9,000.00$ 45,000.00$ 33 Remove and Replace Black Poly and Galvanized Water Lines LF 1,000 40.00$ 40,000.00$ 10.00$ 10,000.00$ 48.75$ 48,750.00$ 25.00$ 25,000.00$ 34 1" RCW Service including Corporation Stop, Casing, Curb Stop, and Meter Box EA 925 4,500.00$ 4,162,500.00$ 1,500.00$ 1,387,500.00$ 2,330.00$ 2,155,250.00$ 3,000.00$ 2,775,000.00$ 35 2" RCW Service including Corporation Stop, Casing, Curb Stop, and Meter Box EA 90 5,500.00$ 495,000.00$ 2,000.00$ 180,000.00$ 4,790.00$ 431,100.00$ 3,300.00$ 297,000.00$ 36 Reconnect Existing Lateral to Gravity Main EA 14 1,950.00$ 27,300.00$ 1,200.00$ 16,800.00$ 1,460.00$ 20,440.00$ 3,000.00$ 42,000.00$ 37 Sanitary Sewer Lateral and Cleanout Replacement EA 11 4,750.00$ 52,250.00$ 2,000.00$ 22,000.00$ 1,760.00$ 19,360.00$ 3,000.00$ 33,000.00$ 38 Manhole Rehabilitation (Including Ring and Cover Replacement and Lining)EA 5 6,500.00$ 32,500.00$ 20,000.00$ 100,000.00$ 4,800.00$ 24,000.00$ 35,000.00$ 175,000.00$ 39 Concrete Curb LF 423 95.00$ 40,185.00$ 140.00$ 59,220.00$ 144.00$ 60,912.00$ 50.00$ 21,150.00$ 40 Asphalt Removal and Replacement SY 7,741 118.00$ 913,438.00$ 80.00$ 619,280.00$ 141.00$ 1,091,481.00$ 130.00$ 1,006,330.00$ 41 Mill and Resurface SY 1,124 188.00$ 211,312.00$ 30.00$ 33,720.00$ 114.00$ 128,136.00$ 40.00$ 44,960.00$ 42 Stamped Asphalt Removal and Replacement SY 260 450.00$ 117,000.00$ 240.00$ 62,400.00$ 304.00$ 79,040.00$ 40.00$ 10,400.00$ 43 Concrete Sidewalk Removal and Replacement SY 94 275.00$ 25,850.00$ 274.00$ 25,756.00$ 317.00$ 29,798.00$ 230.00$ 21,620.00$ 44 Concrete Driveway Removal and Replacement SY 206 275.00$ 56,650.00$ 287.00$ 59,122.00$ 248.00$ 51,088.00$ 230.00$ 47,380.00$ 45 Grout Fill and Abandon Pipe LF 5,622 20.00$ 112,440.00$ 7.00$ 39,354.00$ 7.95$ 44,694.90$ 30.00$ 168,660.00$ 46 Pipe Removal LF 14 100.00$ 1,400.00$ 97.00$ 1,358.00$ 42.25$ 591.50$ 400.00$ 5,600.00$ 47 Tree Removal, Tree Protection, and Tree/Root Pruning LS 1 125,000.00$ 125,000.00$ 7,500.00$ 7,500.00$ 8,000.00$ 8,000.00$ 25,000.00$ 25,000.00$ 48 Sodding and Landscaping Restoration LS 1 575,000.00$ 575,000.00$ 997,000.00$ 997,000.00$ 331,480.00$ 331,480.00$ 1,400,015.00$ 1,400,015.00$ 49 Vac-Cons for Containment (per day per Truck)EA 39 3,000.00$ 117,000.00$ 730.00$ 28,470.00$ 3,550.00$ 138,450.00$ 4,000.00$ 156,000.00$ 50 4-inch RCW Polyethylene Main in 6" Casing, HDD with Associated Valves and Fittings LF 60 145.00$ 8,700.00$ 224.00$ 13,440.00$ 577.00$ 34,620.00$ 380.00$ 22,800.00$ 51 4"-6" Brass Service Saddle EA 50 2,000.00$ 100,000.00$ 620.00$ 31,000.00$ 507.00$ 25,350.00$ 430.00$ 21,500.00$ 52 8"-12" Brass Service Saddle EA 50 2,400.00$ 120,000.00$ 850.00$ 42,500.00$ 820.00$ 41,000.00$ 540.00$ 27,000.00$ 9,738,910.00$ 9,520,150.00$ 6,843,533.15$ 9,889,900.00$ Contingency 973,891.00$ 952,015.00$ 684,353.32$ 988,990.00$ 10,712,801.00$ 10,472,165.00$ 7,527,886.47$ 10,878,890.00$ *Incomplete bid-no bid bond ** Incorrect calculations Metro Equipment Service, Inc. 9425 SW 72nd St #150 Miami, FL 33173 Rowland Inc. 6855 102nd Ave N Pinellas Park, FL 33782 TLC Diviersified 2719 17th St. Palmetto, FL 34221 Grand Total 10% City of Clearwater Reclaimed Water Pipe Improvements City Project No. 21-0029-UT Bid Tabulation Sheet Subtotal Keystone Excavators Inc. 371 Scarlet Blvd. Oldsmar, FL 34677 C.S.X. RAILROADFAIRMONT ST MARTIN LUTHER KING JR AVELADY MARY DRDRUID RD DREW ST DRUID RD SUNSET POINT RD N BELCHER RDGULF-TO-BAY BLVD UNION ST CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD ME M O R I A L C S W Y N MYRTLE AVE DOUGLAS AVE PALMETTO ST VIRGINIA AVE SUNSET DR Document Path: C:\Users\Christopher.Melone\Downloads\21-0029-UT_RCW Pipe_Improv_A_D (1).mxd Reclaimed Water Piping Improvements Construction Areas A - G Project Number: 21-0029-UT LOCATION MAP Prepared by:Public Works/Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Page 1 of 1 Date: 2/6/2023² N.T.S.Scale: CRMMap Gen By: TKReviewed By: AREAG AREAF AREAD AREAC AREAB AREAE AREAA Legend Clearwater Service Area Area not in Clearwater Jurisdiction SECTION V -Contract Documents CONTRACT (I) This CONTRACT made and entered into this _ day of ______ , 2023 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Rowland Inc., of the City of Pinellas Park. County of Pinellas and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this_ day of _____ � 20_ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and ________________ _, a/an ______ (State) Corporation authorized to do business in the State of Florida, of the City of _________ County of ____________ and State of ______ hereinafter designated as the "Contractor". WITNESS ETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Reclaimed Water Piping Improvement Project PROJECT 0.: 21-0029-UT in the amount of$7,527,886.47 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be perforn1ed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the tem1s, conditions. provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option. avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V Page 3 of 18 Updated: 1/10/2023 SECTION V -Contract Documents CONTRACT (4) 2.At least 8 business davs 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 agencyand to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agencv's custodian of public records and tothe 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 deliverv service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which mav be in an electronic format. j)A contractor who complies with a public records request within 8 business davs after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: Jennifer Poirrier City Manager Countersigned: By: Brian Aungst Sr. Jnterim Mayor Contractor must indicate whether: ___ Corporation, ---Partnership, Attest: Rosemarie Call City Clerk Approved as to fonn: Owen Kohler Assistant City Attorney ---Company, or (Contractor) --- By: ------------Print Name: (SEAL) Individual (SEAL) ---------------Tit I e: ----------------- The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation. he must, by Affidavit. show his authority to bind the Corporation -provide Affidavit. SECTION V Page 6 of 18 Updated: 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0568 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a purchase order to EWT Holdings III Corp., dba Evoqua Water Technologies LLC (Evoqua), of Sarasota, FL, for odor and corrosion control to include preventative maintenance services, bulk chemicals (Catalyzed Iron (Odophos) and hydrogen peroxide) and a monthly tank rental fee in the not-to-exceed amount of $225,000.00, for the term May 22, 2023 through May 13, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Other Government Entities’ Bids, and Section 2.563, (1)(d) impractical, and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities would like to continue using their current odor control system for the Northeast Water Reclamation Facility (WRF). The process combines the Odophos (iron salt) and hydrogen peroxide to reduce fugitive odors as well as reducing corrosion. Evoqua Water Technologies has successfully provided this service at the Northeast WRF facility for several years. Piggyback using Lee County Contract RFP170384/ANB, for Annual Odor Control & Corrosion Services which expires May 13, 2024, and a monthly tank rental pursuant to City Code Section 2.563 (1)(d): Impractical to bid. The rental of $971.00/month is impractical to bid due to Evoqua supplying the tanks for the Odophos and are the only ones allowed to service them. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY23 are available in Public Utilities’ cost center 4211355-551700 Bulk Chemicals. Funding for future years will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 5/16/2023 2650 Tallevast Rd.Sarasota, FL 34243 USA Tel: +1 (800) 345-3982Fax: +1 (941) 359-7895 Page 1 of 1 April 17, 2023 Ms. Christina GoodrichCity of Clearwater1650 North Arcturas AvenueClearwater, FL 32727-3777Email: Christina.Goodrich@myclearwater.com RE: PIGGYBACK OF LEE COUNTY, FLORIDA ODOR AND CORROSION CONTROL SERVICESAGREEMENT Dear Ms. Goodrich: First, let me thank you again for your continued interest in Evoqua Water Technologies and for yourconfidence in our ability to solve your hydrogen sulfide odor and corrosion control needs. Per our discussions, Evoqua Water Technologies was awarded a five-year contract with Manatee County,Florida on May 22, 2018 for Odor and Corrosion Control Services that the City of Clearwater has beenpiggybacking for your odor and corrosion program. This contract is expiring May 21, 2023 and ManateeCounty has decided to enter into a sole source contract with Evoqua Water Technologies and will not berenewing the existing contract. However, we have a similar contract with Lee County and are pleased tooffer the City of Clearwater the option to utilize this contract for your wastewater odor and corrosion controlprogram. Based on the Lee County and Manatee County contracts, this new pricing for the City ofClearwater would start on May 22, 2023 through May 13, 2024. I have attached copies of the Lee County Odor and Corrosion Control Agreement RFP170384ANB for yourreference. Under the Lee County contract agreement, the new pricing for the products and services you are currentlyusing are as follows and are listed in the Lee County contract documents. 50% Hydrogen Peroxide: $0.49/lbs Odophos: $1.68/Gallon Equipment and Services: $971.00 per month at sites with new equipment. All terms are per the existing Lee County, FL contract and shall apply. The above prices do not include anyapplicable taxes. This Lee County contract pricing is in effect from May 14, 2023, through May 13, 2024. Thank you again for the opportunity to be of service. We look forward to continuing to serve the City ofClearwater in the years to come. If you have any questions regarding this information or if I can be ofassistance in any way, please do not hesitate to call me at (352) 804-5706. Sincerely, Evoqua Water Technologies LLC David McCalla David McCallaSales Representative P.O. Box 398, Fort Myers, Florida 33902-0398 Phone: (239) 533-2111 www.leegov.com AN EQUAL OPPORTUNITY EMPLOYER March 14, 2023 Mr. Charles Maltby Evoqua Water Technologies, LLC 210 Sixth Avenue, Attn: Legal Dept., Suite 3300 Pittsburgh, PA 15222 SUBJECT: Renewal of Annual Contract No. RFP170384ANB Odor Control & Corrosion Services Dear Mr. Maltby: This is to inform you that Lee County agrees to renew the above subject contract for an additional one (1) year period, from 5/14/23 through 5/13/24. We are hereby extending the annual contract for an additional one-year period under the same terms and conditions as the original award. If you have any questions regarding this letter, please contact me at (239) 533-8871. Sincerely, Kimberly Urban Kimberly Urban Contracts Analyst Procurement Management Division C: Project File Kevin Ruane District One Cecil L. Pendergrass District Two Ray Sandelli District Three Brian Hamman District Four Mike Greenwell District Five Roger Desjarlais County Manager Richard Wesch County Attorney Donna Marie Collins County Hearing Examiner Kevin Ruane Disflicl Ooe Cecil L. Pendergrass Dis/tic/ Two Ray Sandelli Disllicl Three Brian Hamman Disllict Fo11r Mike Greenwell District Five Rog·er Desjartais County Manager Richard Wesch County Attomey Donna Marie Collins County Healing Examiner October 14, 2022 Mr. Charles Maltby Evoqua Water Technologies, LLC 2 JO Sixth Avenue, Attn: Legal Dept, Suite 3300 Pittsburgh, PA 15222 239-533-8871 Subject: Renewal of Annual Contract RFPJ 70384A NB Odor Control & Corrosion Services Dear Mr. Maltby: The above-referenced annual contract will expire on May 13, 2023, unless renewed. Lee County is requesting that this annual contract be renewed for an additional one-year period (5/14/23 -5/13/24). Therefore, we are requesting that you choose one of the following options and return this letter to Lee County Procurement Management, Attn: Kimberly Urban, P.O. Box 398, Ft. Myers, FL 33902-0398, (Fax: 239-485-8383 or email kurban@leegov.com ), within j 5 calendar days from receipt. Failure to return by October 31, 2022, may, at the County's sole discretion, result in contract cancellation and/or rebid of solicitation. __ X_* __ a. I want to continue performing under this annual contract for an additional one year period under the same terms and conditions as agreed upon in the above-referenced quotation. * As per attached price increase letter dated 10/28/22 As a co11ditio11 ofthis renewal, tlte vendor agrees lo provide Lee Co1111ty with an updated ills11m11ce certificate upon expimtion of the original certificate-011 file with the County. _____ h. J am not interested in extending this contract for-an additional one-year period. Why? _______________ _ Lee County: V.P.&G.M. Procurement Management Director Title Title 1119/22 3 -13 -J3 Date Date P.O. Box 398, Fort Myers, Florida 33902-0398 Phone: (239) 533a2111 www.leegov.com AN EQUAL OPPORTUNITY EMPLOYER Ver 06/08/2017 1 RFP170384ANB Annual Odor Control & Corrosion Services Advertise Date: Friday, October 06, 2017 Lee County Board of County Commissioners DIVISION OF PROCUREMENT MANAGEMENT Request for Proposal (RFP) NON-CCNA Solicitation No.: RFP170384ANB Solicitation Name: Annual Odor Control & Corrosion Services Open Date/Time: 11/7/2017 Time: 2:30 PM Location: Lee County Procurement Management 1500 Monroe Street 4th Floor Fort Myers, FL 33901 Procurement Contact: Adam Brooke Title Procurement Analyst Phone: (239) 533-8881 Email: Abrooke @leegov.com Requesting Dept. Utilities Pre-Solicitation Meeting: Type: NON-Mandatory Date/Time: 10/19/2017 10:00 AM Location: Procurement: Public Works Building, 1500 Monroe St 4th Floor, Fort Myers, FL 33901 All solicitation documents are available for download at www.leegov.com/procurement Electronic bidding is coming! Visit www.leegov.com/bid to stay informed Ver 06/08/2017 3 RFP170384ANB Annual Odor Control & Corrosion Services Terms and Conditions Request for Proposal 1. DEFINTIONS 1.1. Addendum/Addenda: A written change, addition, alteration, correction or revision to a bid, proposal or contract agreement. Addendum/Addenda may be issued following a pre-bid/pre-proposal conference or as a result of a specification or work scope change to the solicitation. 1.2. Approved Alternate: Solicitation documents may make reference of specific manufacturer(s) or product(s). These references serve only as a recommendation and a guide to minimum quality and performance. The references are not intended to exclude approved alternatives of other manufacturer(s) or product(s). 1.3. Bid/Proposal Package: A bid/proposal is a document submitted by a vendor in response to some type of solicitation to be used as a basis for negotiations or for entering into a contract. 1.4. Bidder/Responder/Proposer: One who submits a response to a solicitation. 1.5. County: Refers to Lee County Board of County Commissioners. 1.6. Due Date and Time/Opening: Is defined as the date and time upon which a bid or proposal shall be submitted to the Lee County Procurement Management Division. Only bids or proposals received prior to the established date and time will be considered. 1.7. Liquidated Damages: Damages paid usually in the form of monetary payment, agreed by the parties to a contract which are due and payable as damages by the party who breaches all or part of the contract. May be applied on a daily basis for as long as the breach is in effect. 1.8. Procurement Management: shall mean the Director of Lee County’s Procurement Management Department or designee. 1.9. Responsible: A vendor, business entity or individual who is fully capable to meet all of the requirements of the bid/proposal solicitation documents and subsequent contract. Must possess the full capability including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance. 1.10. Responsive: A vendor, business entity or individual who has submitted a bid or request for proposal that fully conforms in all material respects to the bid/proposal solicitation documents and all of its requirements, including all form and substance. 1.11. Solicitation: An invitation to bid, a request for proposal, invitation to negotiate or any document used to obtain bids or proposals for the purpose of entering into a contract. 2. ORDER OF PRECEDENCE 2.1. If a conflict exists between the “Terms and Conditions” the following order of precedents will apply: 2.1.1. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services.” 2.1.2. Lee County Procurement Management Division Policy and Ordinances 2.1.3. Special Conditions and Supplemental Instructions 2.1.4. Detailed Scope of Work 2.1.5. These Terms and Conditions 3. RULES, REGULATIONS, LAWS, ORDINANCES AND LICENSES 3.1. It shall be the responsibility of the proposer to assure compliance with all other federal, state, or county codes, rules, regulations or other requirements, as each may apply. Any involvement with the Lee County shall be in accordance with but not limited to: 3.1.1. Lee County Procurement Policy Manual 3.1.2. Pursuant to FL § Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed bids or proposals received by the County. Pursuant to this, solicitation are exempt from public records request (s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution) until such time as the agency provides notice of a decision or intended decision (pursuant to s. 119.071(2)) or within 30 days after bid or proposal opening, whichever is earlier. Ver 06/08/2017 4 RFP170384ANB Annual Odor Control & Corrosion Services 3.1.3. Florida Statute 218 Public Bid Disclosure Act. 3.1.4. Florida Statute 337.168 Confidentiality of official estimates, identities of potential bidders, and bid analysis and monitoring. 3.1.5. FL § Section 607.1501(1) states: A foreign corporation may not transact business in the State of Florida until it obtains a certificate of authority from the Department of State. 3.2. Local Business Tax: If applicable, provide with proposal. 3.3. License(s): Proposer should provide, at the time of the opening of the proposal, all necessary permits and/or licenses required for this product and/or service. 4. RFP – PREPARATION OF PROPOSAL 4.1. Proposals must be sealed in an envelope, and the outside of the envelope must be affixed with the label included in the forms section. 4.2. Submission Format: 4.2.1. Required Forms: complete and return all required forms. If the form is not applicable, please return with “Not Applicable” or “N/A” in large letters across the form. 4.2.2. Execution of Proposal: All documents must be properly signed by corporate authorized representative, witnessed, and where applicable corporate and/or notary seals affixed. All proposals shall be typed or printed in ink. The proposer may not use erasable ink. All corrections made to the proposal shall be initialed. 4.2.3. Should not contain links to other Web pages. 4.3. Preparation Cost: 4.3.1. The Proposer is solely responsible for any and all costs associated with responding to this solicitation. No reimbursement will be made for any costs associated with the preparation and submittal of any proposal, or for any travel and per diem costs that are incurred by any Proposer. 5. RESPONSES RECEIVED LATE 5.1. It shall be the proposer’s sole responsibility to deliver the proposal submission to the Lee County Procurement Management Division prior to or on the time and date stated. 5.2. Any proposals received after the stated time and date will not be considered. The proposal shall not be opened at the public opening. Arrangements may be made for the unopened proposal to be returned at the proposer’s request and expense. 5.3. The Lee County Procurement Management Division shall not be responsible for delays caused by the method of delivery such as, but not limited to; Internet, United States Postal Service, overnight express mail service(s), or delays caused by any other occurrence. 6. PROPOSER REQUIREMENTS (unless otherwise noted) 6.1. Responsive and Responsible: Only proposals received from responsive and responsible proposers will be considered. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other necessary action, such as background checks, to determine ability to perform is satisfactory, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicates an inability for the proposer to perform. 6.1.1. Proposals may be declared “non-responsive” due to omissions of “Negligence or Breach of Contract” on the disclosure form. Additionally, proposals may be declared “not responsible” due to past or pending lawsuits that are relevant to the subject procurement such that they call into question the ability of the proposer to assure good faith performance. This determination may be made by the Procurement Management Director, after consulting with the County Attorney. 6.1.2. Additional sources may be utilized to determine credit worthiness and ability to perform. 6.1.3. Any proposer or sub-proposer that will have access to County facilities or property may be required to be screened to a level that may include, but is not limited to; fingerprints, statewide criminal. There may be fees associated with these procedures. These costs are the responsibility of the proposer or sub-proposer. Ver 06/08/2017 5 RFP170384ANB Annual Odor Control & Corrosion Services 6.2. Past Performance: All vendors will be evaluated on their past performance and prior dealings with Lee County (i.e., failure to meet specifications, poor workmanship, late delivery, etc.) Poor or unacceptable past performance may result in proposer disqualification. 7. PRE-SOLICITATION CONFERENCE 7.1. A pre-solicitation conference will be held in the location, date, and time specified on the cover of this solicitation. The cover will also note if the pre-solicitation conference is Non-Mandatory or Mandatory. All questions and answers are considered informal. All prospective proposers are encouraged to obtain and review the solicitation documents prior to the pre-proposal so they may be prepared to discuss any questions or concerns they have concerning this project. All questions must be submitted formally in writing to the procurement staff noted on the first page of the solicitation document. A formal response will be provided in the form of an addendum (see “County Interpretation/Addendums” for additional information.) A site visit may follow the pre-proposal conference, if applicable. 7.2. Non-Mandatory: Pre-solicitation conferences are generally non-mandatory, but it is highly recommended that prospective proposers participate. 7.3. Mandatory: Failure to attend a mandatory pre-solicitation conference will result in the proposal being considered non-responsive. 8. COUNTY INTERPRETATION/ADDENDUMS 8.1. Each Proposer shall examine the solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be submitted in writing prior to 5:00 PM at least eight (8) calendar days prior to the date when the submission is due. 8.2. Response(s) will be in the form of an Addendum posted on www.leegov.com/procurement. It is solely the proposer’s responsibility to check the website for information. No notifications will be sent by Lee County Procurement Management Division. 8.3. All Addenda shall become part of the Contract Documents. 8.4. The County shall not be responsible for oral interpretations given by any County employee, representative, or others. Interpretation of the meaning of the plans, specifications or any other contract document, or for correction of any apparent ambiguity, inconsistency or error there in, shall be in writing. Issuance of a written addendum by the County’s Procurement Management Division is the only official method whereby interpretation, clarification or additional information can be given. 9. QUALITY GUARANTEE/WARRANTY (as applicable) 9.1. Proposer will guarantee their work without disclaimers, unless otherwise specifically approved by the County, for a minimum of twelve (12) months from final completion. 9.2. Unless otherwise specifically provided in the specifications, all equipment and materials and articles incorporated in the work covered by this contract shall be new, unused and of the most suitable grade for the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise specified in the specifications. All warrantees will begin from the date of final completion. 9.3. Unless otherwise specifically provided in the specifications, the equipment must be warranteed for twelve (12) months, shipping, parts and labor. Should the equipment be taken out of service for more than forty- eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service at no additional charge to the County. 9.4. If any product does not meet performance representation or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed, the vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials, if in its judgment the item reflects unsatisfactory workmanship or manufacturing or shipping damage. The vendor shall refund, to the County, any money which has been paid for same. 10. SUBSTITUTION(S)/APPROVED ALTERNATE(S) Ver 06/08/2017 6 RFP170384ANB Annual Odor Control & Corrosion Services 10.1. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If a proposer wishes to make a substitution in the specifications, the bidder shall furnish to the County, no later than ten (10) business days prior to the solicitation opening date, the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution. Such information is submitted through the Procurement Management Division. Any such substitution shall be subject to County approval through the issuance of a written addendum by the County’s Procurement Management Division. Substitutions shall be approved only if determined by the County to be an Approved Alternate to the prescribed specifications. 10.2. A proposal containing a substitution is subject to disqualification if the substitution is not approved by the County. Items bid must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. Brand names are used for descriptive purposes only. An Approved Alternate product or service may be used. 11. ADDITIONS, REVISONS AND DELETIONS 11.1. Additions, revisions, or deletions to the Terms and Conditions, specifications that change the intent of the solicitation will cause the solicitation to be non-responsive and the proposal will not be considered. The Procurement Management Director shall be the sole judge as to whether or not any addition, revision, or deletion changes the intent of the solicitation. 12. NEGOTIATED ITEMS 12.1. Any item not outlined in the Scope of Services may be subject to negotiations between the County and the successful Proposer. 12.2. After award of this proposal the County reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. 12.3. At contract renewal time(s) or in the event of significant industry wide market changes, the County may negotiate justified adjustments such as price, terms, etc., to this contract with the County, in its sole judgment, considers such adjustments to be in the best interest of the County. 13. ERRORS, OMISSIONS, CALCULATION ERRORS (as applicable) 13.1. Errors/Omissions: Approval by County of the successful proposer’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the successful proposer for the accuracy and competency of the successful proposer’s designs, drawings, specifications or other documents and work pertaining to the project. Additionally, approval by the County of the successful proposer’s work product shall not be deemed to be an assumption of drawings, specifications or other documents prepared by the successful proposer for the project. After acceptance of the final plans by the County, the successful proposer agrees, prior to and during the construction of the project, to perform such successful proposer services, at no additional cost to the County, as may be required by the County to correct errors or omissions on the plans prepared by the successful proposer pertaining to the project. 13.2. Calculation Errors: In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All proposals shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation. 14. CONFIDENTIALITY 14.1. Proposers should be aware that all proposals provided are subject to public disclosure and will not be afforded confidentiality, unless provided by Chapter 119 Florida Statute. 14.2. If information is submitted with a proposal that is deemed “Confidential” the proposer must stamp those pages of the proposal that are considered confidential. The proposer must provide documentation as to validate why these documents should be declared confidential in accordance with Chapter 119, “Public Records,” exemptions. 14.3. Lee County will not reveal engineering estimates or budget amounts for a project unless required by grant funding or unless it is in the best interest of the County. According to Florida State Statute 337.168: Ver 06/08/2017 7 RFP170384ANB Annual Odor Control & Corrosion Services A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration. 15. CONFLICT OF INTEREST 15.1. All proposers are hereby placed on formal notice that per Section 3 of Lee County Ordinance No. 92-22: The County is prohibited from solicitation of a professional services firm to perform project design and/or construction services if the firm has or had been retained to perform the project feasibility or study analysis. And: 15.2. A professional services firm who has performed or participated in the project feasibility planning, study analysis, development of a program for future implementation or drafting of solicitation documents directly related to this County project, as the primary vendor/consulting team, cannot be selected or retained, as the primary consultant/vendor or named a member of the consulting/contracting team, to perform project design, engineering or construction services for subsequent phase(s) or scope of work for this project. Pursuant to FS. S287.057 (17) the firm will be deemed to have a prohibited conflict of interest that creates an unfair competitive advantage. 15.3. Should your proposal be found in violation of the above stated provisions; the County will consider this previous involvement in the project to be a conflict of interest, which will be cause for immediate disqualification of the proposal from consideration for this project. 15.4. Business Relationship Disclosure Requirement: The award hereunder is subject to the provisions of Chapter 112, Public Officers and Employees: General Provisions, Florida Statues. All proposers must disclose with their proposal the name of any officer, director or agent who is also an employee of the Lee County or any of its agencies. Further, all proposers must disclose the name of any County employee who owns directly or indirectly, an interest of five percent (5%) or more in the proposer’s firm or any of its branches. 16. ANTI-LOBBYING CLAUSE (Cone of Silence) 16.1. Following Florida Statute Section 287.057(23), Upon the issuance of the solicitation, prospective proposers or any agent, representative or person acting at the request of such proposer shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any Commissioner, Evaluation Review Committee, agent or employee of the County other than the Procurement Management Director or their designee. This prohibition begins with the issuance of any solicitation, and ends upon execution of the final contract or when the solicitation has been cancelled. If it is determined that improper communications were conducted, the Proposer maybe declared non- responsible. 17. DRUG FREE WORKPLACE 17.1. Lee County Board of County Commissioners encourages Drug Free Workplace programs as defined in accordance with Section 287.087, FL § . 18. DISADVANTAGED BUSINESS ENTERPRISE (DBE’s) 18.1. The County encourages the use of Disadvantaged Business Enterprise Proposer(s) as defined and certified by the State of Florida Office of Supplier Diversity. 18.2. Bidder/Proposer is required to indicate whether the Firm and/or any proposed sub-consultants are Disadvantaged Business Enterprises (DBE). Lee County encourages the utilization and participation of DBEs in procurements, and evaluation proceedings will be conducted within the established guidelines regarding equal employment opportunity and nondiscriminatory action based upon the grounds of race, color, sex or national origin. Interested certified Disadvantaged Business Enterprise (DBE) firms as well as other minority-owned and women-owned firms are encouraged to respond. 19. ANTI-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 19.1. The proposer agrees to comply, in accordance with Florida Statute 287.134, 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA) that furnishing goods or services to the County hereunder, no person on the grounds of Ver 06/08/2017 8 RFP170384ANB Annual Odor Control & Corrosion Services race, religion, color, age, sex, national origin, disability or marital status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 19.2. The proposer will not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, disability or marital status. The proposer will make affirmative efforts to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, age, sex, national origin, disability or marital status. 19.3. The proposer will include the provisions of this section in every sub-contract under this contract to ensure its provisions will be binding upon each sub-contractor. The proposer will take such actions in respect to any sub-contractor, as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance. 19.4. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com) may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a vendor, supplier, sub-contractor, or consultant under contract with any public entity, and may not transact business with any public entity. 20. PROPOSER/SUB-PROPOSER/CONSULTANT/CONTRACTOR RELATIONSHIP 20.1. The prime proposer on a solicitation may not also be listed as a sub-proposer/consultant/contractor to another firm submitting a proposal for the same solicitation. Should this occur, all responses from the involved/named firms will be considered non-compliant and rejected for award. Sub- proposers/consultant/contractor may be listed on multiple proposals for the same solicitation. 21. SUB-PROPOSER/CONSULTANT 21.1. The use of sub-proposer/consultant under this solicitation is not allowed without prior written authorization from the County representative. 22. RFP - PROJECT GUIDELINES 22.1. The County has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget and or Requirements which shall service as a guide to the proposer(s) in conforming the professional services and work to provide pursuant to this Agreement/Contract: 22.1.1. No amount of work is guaranteed upon the execution of an agreement/contract. 22.1.2. Hourly rates and all other negotiated expenses will remain in effect throughout the duration of the agreement/contract period. 22.1.3. This contract does not entitle any firm to exclusive rights to County agreements/contracts. The County reserves the right to perform any and all available required work in-house or by any other means it so desires. 22.1.4. In reference to vehicle travel, mileage and man-hours spent in travel time, is considered incidental to the work and not an extra compensable expense. 22.1.5. Lee County reserves the right to add or delete, at any time, and or all tasks or services associated with this agreement. 22.1.6. Any Single Large Project: The County, in its sole discretion, reserves the right to separately solicit any project that is outside the scope of this solicitation, whether through size, complexity or the dollar value. 23. RFP – EVALUATION 23.1. Ranking Method: Lee County uses the Dense Ranking (1223” ranking). In Dense Ranking, items that compare equal, receive the same ranking number, and the next item(s) receive the immediately following ranking number. This ranking method is used for each individual committee member’s scores. Thus if A ranks ahead of B and C (which compare equal) which are both ranked ahead of D, then A is ranked number 1(“first”), B is ranked number 2 (“joint second”), C is also ranked number 2 (“joint second”) and D is ranked number 3 (“third”). Ver 06/08/2017 9 RFP170384ANB Annual Odor Control & Corrosion Services 23.1.1. Each Ranking is derived by the individual committee member’s scores being totaled and then ranked with the highest “score” being “ranked” first with each following in the same manner. For example: a score of 100 would rank 1, a score of 75 would rank 2, and continue until all proposals have been ranked. 23.1.2. Upon completion of this method for each individual committee member the individual rankings are then totaled for an “Over-all Ranking.” During the Over-all Ranking process the lowest total would be deemed the highest ranked (1). Example: Proposer A individual rankings totaled 5 and Proposer B individual rankings totaled 7 making “Over-all Ranking” order as Proposer A ranked 1, Proposer B ranked 2. 23.1.3. In the event of a tie, please refer to the tiebreaker section of this solicitation.) 23.2. Evaluation Meeting(s): 23.2.1. Evaluation 1: The first evaluation will rank Proposers based on the scores from the selection criteria point values. 23.2.2. Evaluation 2: Following the initial evaluation process, the short-listed proposer(s) will be required to provide an on-site interview/presentation. 23.2.2.1. Such subsequent evaluations will be accomplished by simply ranking the proposers. Proposers will be ranked in sequential order with one (1) being the highest ranking. Proposers’ rankings will then be totaled with the total lowest scores receiving final rank order starting with one (1) - the highest ranking. 23.2.3. Proposed short-list and final selection meeting dates are posted on the Procurement Management web page: www.leegov.com/procurement (Projects, Award Pending.) 24. RFP – SELECTION PROCEDURE 24.1. The selection will be made in accordance with Lee County Procurement Policy. Some or all of the responding proposer(s) may be requested to provide interviews and/or presentations of their proposal, for the ranking process. 24.2. The recommendation to award, negotiated rates and agreement/contract(s) will be submitted to the Board of County Commissioners for approval. 24.3. If a satisfactory agreement/contract(s) cannot be negotiated, in a reasonable amount of time, the County, in its sole discretion, may terminate negotiations with the selected proposer(s) and begin agreement/contract negotiations with the next finalist. 24.4. The Procurement Management Director reserves the right to exercise their discretion to: 24.4.1. Make award(s) to one or multiple proposers. 24.4.2. Waive minor informalities in any response; 24.4.3. Reject any and all proposals with or without cause; 24.4.4. Accept the response that in its judgment will be in the best interest of Lee County 25. RFP – TIEBREAKER 25.1. In the event of a tie, two or more proposers that have the same ranking, the following steps will be taken to determine the highest ranked proposer. This method shall be used for all (RFP) ties. 25.1.1. Step 1: The proposer that has the highest number of 1st place rankings shall be deemed the first ranked proposer. In the event a tie still exists the proposer with the highest number of 2nd, place rankings shall be the first ranked proposer. Should a tie still remain the method used above will continue with each ranking level, 3rd, then 4th, then 5th rank, will be counted until the tie is broken. 25.1.2. Step 2: At the conclusion of step 1 if all is equal, the local proposer shall be deemed the highest ranked proposer over a non-local proposer. Local shall be defined by Lee County Ordinance 08-26 or current revision thereof. 25.1.3. Step 3: At the conclusion of step 1 and step 2 if all is equal, the proposer having a drug-free work place program, in accordance with Section 287.087, FL §, shall be deemed the first ranked proposer. 25.1.4. Step 4: At the conclusion of steps 1, 2, 3, if all are equal, the 1st place proposer shall be determined by the flip of a coin. 25.2. When the tiebreaker is determined the highest ranked proposer shall be awarded the contract or receive the first opportunity to negotiate, as applicable. Ver 06/08/2017 10 RFP170384ANB Annual Odor Control & Corrosion Services 25.3. If an award or negotiation is unsuccessful with the highest ranked proposer, award or negotiations may commence with the next highest ranked proposer. 26. RFP – EVALUATION/ SELECTION COMMITTEE 26.1. The selection shall be by a Selection Committee consisting of staff representatives from the appropriate County Departments as approved by the Procurement Management Director or designee. 26.2. The Selection Committee will receive and review written proposals in response to this Request for Proposal (RFP). Responses will be evaluated against a set of criteria to determine those Proposers/Firms most qualified and suited for this project. If applicable, the Selection Committee may choose to short-list Proposers/Firms to be interviewed to determine final selection. 27. WITHDRAWL OF PROPOSAL 27.1. No proposal may be withdrawn for a period of 180 calendar days after the scheduled time for receiving proposals. A proposal may be withdrawn prior to the proposal opening date and time. Withdrawal requests must be made in writing to the Procurement Management Director, who will approve or disapprove the request. 27.2. A proposer may withdraw a proposal any time prior to the opening of the solicitation. 27.3. After proposals are opened, but prior to award of the contract by the County Commission, the Procurement Management Director may allow the withdrawal of a proposal because of the mistake of the proposer in the preparation of the proposal document. In such circumstance, the decision of the Procurement Management Director to allow the proposal withdrawal, although discretionary, shall be based upon a finding that the proposer, by clear and convincing evidence, has met each of the following four tests: 27.3.1. The proposer acted in good faith in submitting the proposal, 27.3.2. The mistake in proposal preparation that was of such magnitude that to enforce compliance by the proposer would cause a severe hardship on the proposer, 27.3.3. The mistake was not the result of gross negligence or willful inattention by the proposer; and 27.3.4. The mistake was discovered and was communicated to the County prior to the County Commission having formally awarded the contract/agreement. 28. PROTEST RIGHTS 28.1. Any proposer that has submitted a formal response to Lee County, and who is adversely affected by an intended decision with respect to the award, has the right to protest an intended decision posted by the County as part of the solicitation process. 28.2. “Decisions” are posted on the Lee County Procurement Management Division website. Proposers are solely responsible to check for information regarding the solicitation. (www.leegov.com/procurement) 28.3. Refer to the “Bid/Proposal Protest Procedure” section of the Lee County “Contracts Manual” for the complete protest process and requirements. The Manual is posted on the Lee County website or you may contact the Procurement Management Director. 28.4. In order to preserve your right to protest, you must file a written “Notice Of Intent To File A Protest” with the Lee County Procurement Management Director by 4:00 PM on the 3rd working day after the decision affecting your rights is posted on the Lee County website. 28.4.1. The notice must clearly state the basis ad reasons for the protest. 28.4.2. The notice must be physically received by the Procurement Management Director with in the required time frame. No additional time is granted for mailing. 28.5. To secure your right to protest you will also be required to post a “Protest Bond” and file a written “Formal Protest” document within 10 calendar days after the date of “Notice of Intent to File a Protest” is received by the Procurement Management Director. 28.6. Failure to follow the protest procedures requirement within the timeframes as prescribed herein and established by the Lee County Board of County Commissioners, Florida, shall constitute a waiver of your protest and any resulting claims. Ver 06/08/2017 11 RFP170384ANB Annual Odor Control & Corrosion Services 29. AUTHORITY TO UTILIZE BY OTHER GOVERNMENT ENTITIES 29.1. This opportunity is also made available to any government entity. Pursuant to their own governing laws, and subject to the agreement of the vendor, other entities may be permitted to make purchases at the terms and conditions contained herein. Lee County Board of County Commissioners will not be financially responsible for the purchases of other entities from this solicitation. 30. CONTRACT ADMINISTRATION 30.1. Designated Contact: 30.1.1. The awarded proposer shall appoint a person(s) to act as a primary contact for all County departments. This person or back-up shall be readily available during normal working hours by phone or in person, and shall be knowledgeable of the terms and procedures involved. 30.1.2. Lee County requires that the awarded proposer to provide the name of a contact person(s) and phone number(s) which will afford Lee County access 24 hours per day, 365 days per year, of this service in the event of major breakdowns or natural disasters. 30.2. RFP – Term: (unless otherwise stated in the Scope of Work or Detailed Specifications) 30.2.1. Unless otherwise stated in the scope of work, specifications, or special conditions the default contract term shall be one (1) year with three (3), one (1) year renewals for a total of four (4) years upon mutual agreement of both parties. 30.2.2. The County reserves the right to renew this contract, or any portion thereof, and to negotiate pricing as a condition for each. 30.2.3. The County’s performance and obligation to pay under this contract, and any applicable renewal options, is contingent upon annual appropriation of funds. 30.3. RFP – Basis of Award: 30.3.1. Award will be made to the most responsible and responsive proposer based on the evaluation criteria. 30.4. Agreement/Contract: 30.4.1. The awarded proposer will be required to execute an Agreement/Contract as a condition of award. A sample of this document may be viewed on-line at http://www.leegov.com/procurement/forms. 30.5. Records: 30.5.1. Retention: The proposer shall maintain such financial records and other records as may be prescribed by Lee County or by applicable federal and state laws, rules and regulations. Unless otherwise stated in the specifications, the proposer shall retain these records for a period of five years after final payment, or until they are audited by Lee County, whichever event occurs first. 30.5.2. Right to Audit/Disclosure: These records shall be made available during the term of the contract as well as the retention period. These records shall be made readily available to County personnel with reasonable notice and other persons in accordance with the Florida General Records Schedule. Awarded Bidder/Proposer(s) are hereby informed of their requirement to comply with FL §119 specifically to: 30.5.2.1. Keep and maintain public records required by the County to perform the service. 30.5.2.2. Upon request from the County’s custodian of public records, provide the County 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 or as otherwise provided by law. 30.5.2.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 30.5.2.4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the County 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 Ver 06/08/2017 12 RFP170384ANB Annual Odor Control & Corrosion Services contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. 30.5.3. Public Record: IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FL § , TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533-2221, 2115 SECOND STREET, FORT MYERS, FL 33901, http://www.leegov.com/publicrecords. 30.5.4. Ownership: It is understood and agreed that all documents, including detailed reports, plans, original tracings, specifications and all data prepared or obtained by the successful proposer in connection with its services hereunder, include all documents bearing the professional seal of the successful proposer, and shall be delivered to and become the property of Lee County, prior to final payment to the successful proposer or the termination of the agreement. This includes any electronic versions, such as CAD or other computer aided drafting programs. 30.6. Termination: 30.6.1. Any agreement as a result of this solicitation may be terminated by either party giving thirty (30) calendar days’ advance written notice. The County reserves the right to accept or not accept a termination notice submitted by the proposer, and no such termination notice submitted by the vendor shall become effective unless and until the vendor is notified in writing by the County of its acceptance. 30.6.2. The Procurement Management Director may immediately terminate any agreement as a result of this solicitation for emergency purposes, as defined by the Lee County Purchasing and Payment Procedures Manual (Purchasing Manual), (also known as Appendix “D”, ”AC-4-1.pdf”.) 30.6.3. Any proposer who has voluntarily withdrawn from a solicitation without the County’s mutual consent during the contract period shall be barred from further County procurement for a period of 180 days. The vendor may apply to the Board for a waiver of this debarment. Such application for waiver of debarment must be coordinated with and processed by the Procurement Management Department. 30.6.4. The County reserves the right to terminate award or contract following any of the below for goods or services over $1,000,000: 30.6.4.1. Contractor is found to have submitted a false certification as provided under FL § 287.135 (5); 30.6.4.2. Contractor has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; 30.6.4.3. Contractor has engaged in business operations in Cuba or Syria; 30.6.4.4. Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel – beginning October 1, 2016. 31. WAIVER OF CLAIMS 31.1. Once this contract expires, or final payment has been requested and made, the awarded vendor shall have no more than thirty (30) calendar days to present or file any claims against the County concerning this contract. After that period, the County will consider the vendor to have waived any right to claims against the County concerning this agreement. 32. LEE COUNTY PAYMENT PROCEDURES 32.1. All vendors are requested to mail an original invoice to: Lee County Finance Department Post Office Box 2238 Fort Myers, FL 33902-2238 Ver 06/08/2017 13 RFP170384ANB Annual Odor Control & Corrosion Services 32.2. All invoices will be paid as directed by the Lee County payment procedure unless otherwise stated in the detailed specification portion of this project. 32.3. Lee County will not be liable for requests for payment deriving from aid, assistance, or help by any individual, vendor, proposer, or bidder for the preparation of these specifications. 32.4. Lee County is generally a tax exempt entity subject to the provisions of the 1987 legislation regarding sales tax on services. Lee County will pay those taxes for which it is obligated, or it will provide a Certificate of Exemption furnished by the Department of Revenue. All proposers should include in their proposal, all sales or use taxes, which they will pay when making purchases of material or sub-contractor’s services. 33. MATERIAL SAFETY DATA SHEETS (MSDS/SDS) (if applicable) 33.1. In accordance with Chapter 443 of the FL §, it is the vendor’s responsibility to provide Lee County with Material Safety Data Sheets on bid materials, as may apply to this procurement. 34. DEBRIS DISPOSAL (if applicable) 34.1. Unless otherwise stated, the Proposer shall be fully responsible for the lawful removal and disposal of any materials, debris, garbage, vehicles or other such items which would interfere with the undertaking and completion of the project. There shall not be an increase in time or price associated with such removal. 35. SHIPPING (if applicable) 35.1. Cost of all shipping to the site, including any inside delivery charges and all unusual storage requirements shall be borne by the proposer unless otherwise agreed upon in writing prior to service. It shall be the proposer’s responsibility to make appropriate arrangements, and to coordinate with authorized personnel at the site, for proper acceptance, handling, protection and storage (if available) of equipment and material delivered. All pricing to be F.O. B. destination. 35.2. The materials and/or services delivered under the proposal shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services is accepted by the County and is deemed to be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. 36. INSURANCE (AS APPLICABLE) 36.1. Insurance shall be provided by the awarded proposer. Upon request, a certificate of insurance (COI) complying with the attached guide shall be provided by the proposer. Ver 06/08/2017 14 RFP170384ANB Annual Odor Control & Corrosion Services Minimum Insurance Requirements: Risk Management in no way represents that the insurance required is sufficient or adequate to protect the Vendor’s interest or liabilities. The following are the required minimums the Vendor must maintain throughout the duration of this Contract. The County reserves the right to request additional documentation regarding insurance provided. a. Commercial General Liability - Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, and contractual liability exposures with minimum limits of: $1,000,000 per occurrence $2,000,000 general aggregate $1,000,000 products and completed operations $1,000,000 personal and advertising injury b. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all owned, hired and non-owned vehicles use with minimum limits of: $1,000,000 combined single limit (CSL) or $500,000 bodily injury per person $1,000,000 bodily injury per accident $500,000 property damage per accident c. Workers' Compensation - Statutory benefits as defined by Chapter 440, Florida Statutes, encompassing all operations contemplated by this Contract or Agreement to apply to all owners, officers, and employees regardless of the number of employees. Workers’ Compensation exemptions may be accepted with written proof of the State of Florida’s approval of such exemption. Employers’ liability will have minimum limits of: $500,000 per accident $500,000 disease limit $500,000 disease – policy limit *The required minimum limit of liability shown in a. and b. may be provided in the form of “Excess Insurance” or “Commercial Umbrella Policies,” in which case, a “Following Form Endorsement” will be required on the “Excess Insurance Policy” or “Commercial Umbrella Policy.” Major Insurance Requirements Ver 06/08/2017 15 RFP170384ANB Annual Odor Control & Corrosion Services Verification of Coverage: 1. Coverage shall be in place prior to the commencement of any work and throughout the duration of the Contract. A certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for the following: a. The certificate holder shall read as follows: Lee County Board of County Commissioners P.O. Box 398 Fort Myers, Florida 33902 b. “Lee County, a political subdivision and Charter County of the State of Florida, its agents, employees, and public officials” will be named as an "Additional Insured" on the General Liability policy, including Products and Completed Operations coverage. Special Requirements: 1. An appropriate "Indemnification" clause shall be made a provision of the Contract. 2. If applicable, it is the responsibility of the general contractor to ensure that all subcontractors comply with all insurance requirements. Ver 06/08/2017 16 RFP170384ANB Annual Odor Control & Corrosion Services SPECIAL CONDITIONS These are conditions that are in relation to this solicitation only and have not been included in the County’s standard Terms and Conditions or the Scope of Work. None at this time End of Special Conditions Ver 06/08/2017 17 RFP170384ANB Annual Odor Control & Corrosion Services LEE COUNTY, FLORIDA DETAILED SPECIFICATIONS FOR RFP170384/ANB ANNUAL ODOR CONTROL & CORROSION SERVICES GENERAL SCOPE OF PROJECT Lee County is requesting proposals from qualified professionals to provide Odor and Corrosion Control Services for Wastewater Collection System and Treatment Facilities. The purpose of the services is to minimize corrosion effects on wastewater infrastructure and to address nuisance odors in the system. PROJECT OBJECTIVE The intent of the Request for Proposal and resulting contract is to obtain a qualified Proposer to provide comprehensive Odor and Corrosion Control Services for the Lee County Utilities Department Wastewater Collection and Treatment System. The successful Proposer shall furnish the necessary personnel, equipment, materials, supplies, transportation, services and otherwise do all things necessary to provide comprehensive Odor and Corrosion Control Services. The successful Proposer shall provide specific odor/corrosion treatment, related wastewater treatment plant issues/costs, installing necessary monitoring equipment and establishing objectives and monitoring programs for odor/corrosion control treatment. PROJECT TERM The successful Proposer shall be responsible for furnishing and delivering to the Lee County requesting Department(s) the commodity or services on an “as needed basis” for a three-year (3) period. There may be an option to extend this contract as specified in the Scope of Work or specifications upon the approval of both the County and the successful Proposer at the time of extension or renewal for three (3), additional one (1) year periods. TECHNICAL REQUIREMENTS a. Successful Proposer shall provide the latest technically proven and most cost effective means of treatment of Odor and Corrosion. Successful Proposer shall provide problem definition, treatment selection and ongoing monitoring process. Treatment strategies must emphasize prevention/minimization of hydrogen sulfide production in the system where practical (as opposed to treating odor after hydrogen sulfide formation has occurred). The County reserves the right to negotiate pricing for new methods, technology and techniques as they are developed. b. Successful Proposer shall establish a monthly communication link with County personnel as determined by the Wastewater Division Manager of the Lee County Utilities Department. The County shall have final approval of ongoing odor/corrosion control planning and adjustment process as wastewater collection/treatment systems continue to expand. c. Successful Proposer shall, based upon treatment and budgetary objectives established by the Utilities Department, refine and adjust the existing odor/corrosion control program working with Ver 06/08/2017 18 RFP170384ANB Annual Odor Control & Corrosion Services Utilities Department upon award of Contract. Treatment strategies must emphasize prevention/minimization of hydrogen sulfide production in the system where practical (as opposed to treating for odor after hydrogen sulfide formation has occurred. d. Successful Proposer shall provide a service/maintenance program to include routine gathering of dissolved and atmospheric hydrogen sulfide data using portable and fixed devices at key monitoring points (see table 1). Monthly data reports shall be provided to the Wastewater Division Manager for review and approval. Successful Proposer shall provide services that include traffic control, safety measures for both the public and workers, and shall coordinate all scheduling with County approval. Successful Proposer shall have personnel available 24 hours-a-day, 7-days-a-week to respond to odor complaints and odor control equipment failures. Successful Proposer shall respond within one (1) hour of being notified of any odor control equipment failures. e. Successful Proposer shall have the capability to provide continuous hydrogen sulfide monitoring for key odor and corrosion control points. The monitors shall record hydrogen sulfide at least once every five minutes. Recorded data shall be made available to the County within 24 hours and shall automatically upload all recorded data to a website at least once every 24 hours. f. Upon authorization by the County, the Successful Proposer shall be capable of installing temporary odor control systems to address nuisance odor issues within two days of notification to proceed. f. Successful Proposer shall provide an introductory and organizational seminar regarding its services and staff members to the County representatives within thirty (30) days after contract award. g. The successful Proposer shall hold at least one (1) yearly workshop for County employees at a County designated location to describe the latest techniques in odor and corrosion control treatment. An agenda and detailed outline of topics for the workshop shall be provided to the County at least thirty (30) days prior to each workshop as agreed to by the County. h. The successful Proposer shall coordinate with the County in establishing priorities in performing all work. Successful Proposer shall respond to all calls of odor complaints within two (2) hours. i. The successful Proposer shall be completely responsible for the control of the environment of the work site during on-site operations. All precautions shall be taken by the successful Proposer to protect the workers, public and County staff from any exposure to harmful or hazardous substances within the sewer system and from dangerous work materials and equipment. j. Successful Proposer shall be fully responsible for the operation of their vehicles and handling of all materials related to the odor and corrosion control services at all locations within the County. k. Successful Proposer shall be fully responsible for conforming to all requirements regarding handling, hauling, spill reporting and disposal of chemicals for the control services provided at each County work site in accordance with OSHA regulations and those that may be mandated by Federal or State Governments. m. Successful Proposer shall prepare an annual report detailing the ongoing odor and corrosion control treatment program and any specific odor and control analyses that have been performed. Ver 06/08/2017 19 RFP170384ANB Annual Odor Control & Corrosion Services n. Successful Proposer shall inform the County of its planned work schedule and shall afford the County reasonable opportunity to observe and inspect the Successful Proposer's work in progress. o. The successful Proposer shall provide a safety seminar every six (6) months to County employees describing all safety precautions necessary for odor and corrosion control chemicals that are in use including reviewing of MSDS sheets for those chemicals. CONTROL REQUIREMENTS The awarded vendor will maintain the control goals listed in Table 1 below at the listed control point and established average daily flows. Average flow rates that exceed these stated rates shall excuse the awarded vendor from meeting such goals. The vendor shall employ an appropriate technology at and/or upstream of each of the sites listed to control odors or sulfides in liquid at or below the agreed upon control goal. These technologies include but are not limited to the addition of BIOXIDE® products, pH shift chemical treatment, and vapor phase odor control. Control Point Address ADF Control Goal S WWTP S Inf MH, back of plant 1618 South Dr, Fort Myers Fl 2.0 mgd < 1 mg/L DS S WWTP N Inf MH S of 1618 South Dr, Fort Myers Fl 2.0 mgd < 1 mg/L DS S WWTP 36" N Inf MH 1 1618 South Dr, Fort Myers Fl 2.0 mgd < 1 mg/L DS LS 2256 15675 Pine Ridge Road, Fort Myers Beach 0.8 mgd < 150 ppm H2S Ft Myers Beach WWTP 17155 Pine Ridge Road, Fort Myers Beach 3.4 mgd < 10 ppm H2S LS 2291 11981 Kelly Cove Dr. Fort Myers Fl 0.125 < 10 ppm H2S LS 4467 4481 Underwood Dr. Fort Myers Fl 0.235 < 100 ppm H2S LS 2237 17061 John Morris Rd, Fort Myers Fl 0.8 mgd < 100 ppm H2S LS 2263 Near 719 San Carlos Dr, Fort Myers Beach 1.0 mgd < 50 ppm H2S LS 482 12901 Palm Beach Blvd., Fort Myers, Fl 0.4 mgd < 100 ppm H2S LS 481 199 Louise St, Fort Myers Fl 0.55 mgd < 100 ppm H2S LS 480 3841 Ballard Rd., Fort Myers, Fl 1.6 mgd < 250 ppm H2S Central WWTP FM tap 1501 Raleigh Street, Fort Myers Fl 1.6 mgd < 1 mg/L DS LS 7741 20041 South Tamiami Trail 0.45 mgd < 100 ppm H2S LS 7716 Three Oaks Blvd & Corkscrew Rd, Fort 0.5 mgd < 100 ppm H2S Three Oaks WWTP HW's 18521 Three Oaks Pkwy., Fort Myers, FL 2.9 mgd < 50 ppm H2S Table 1 - Odor control criteria PREVENTATIVE MAINTENANCE The Odor and Corrosion Control Program will include routine and emergency service. The awarded vendors service technician will visit the site as needed (minimum of once per month) to perform routine maintenance on equipment, optimize chemical dosing, conduct compliance sampling and provide a written report monthly. On-site routine maintenance service will include the following: 1. Check the equipment for proper operation 2. Perform compliance sampling at the control points 3. Perform scheduled preventative maintenance on equipment. 4. Submit a written report outlining services and observations during the routine service visit. MONITORING SERVICE Each control point shall be monitored by the vendor for compliance with the established odor control goal criteria a minimum of one time per monthly. Ver 06/08/2017 20 RFP170384ANB Annual Odor Control & Corrosion Services Analytical methods shall include the following: Parameter Procedure Liquid Phase Monitoring Total Sulfide Std. Methods 4500-S2- D. Methylene Blue Dissolved Sulfide Std. Methods 4500-S2- using pre-flocculation to remove insoluble sulfides pH Combination glass electrode Temperature NIST calibrated thermometer Vapor Phase Monitoring H2S, ppm App-Tek Vaporlink (monitor / datalogger) / App-Tek OdaLog COUNTY SERVICES The County shall be responsible for providing all utility services for the odor control equipment provided by vendor. This includes, but is not limited to, electrical, water and sewer services. The County shall be responsible to make any necessary changes to the installation or control points such as forcemain taps, wet well penetrations, concrete pads, fencing, etc. The County shall also be responsible for site security and maintenance of fencing and obtaining right of way for delivery truck access. COLLECTION SYSTEM CHANGES The County reserves the right to make changes in the collection system at injection and control locations to optimize collection system performance and/or cost efficiency. Any such changes to the collection system causing a noncompliant control condition will not be considered the fault of the vendor. In such a case, the vendor will evaluate changes to the collection system and recommend an alternate odor control goal or an adjustment to the fixed price to accommodate these changes as appropriate. SUBMITTAL REQUIREMENTS & EVALUATION CRITERIA In an effort to maintain manageable file sizes. Proposers should not include unnecessary pictures, drawings, or graphs. The proposal shall be written in sufficient detail to permit the County to conduct a meaningful evaluation. Interested firms shall include the following information in their submittal responses to this solicitation. The following format and sequence should be followed in order to provide consistency in the firm’s responses and to ensure each proposal receives full consideration. Use 8 ½ x 11-sheet pages only with tabs or section dividers/indicators to separate sections as defined below. More than one section is permitted on one page unless otherwise indicated below. Undesignated information shall be inserted at the rear of each package. Place page numbers at the bottom of every page, excluding dividers. Dividers should be included as part of digital copy to maintain organization and consistency. Submittal package may not exceed 10 pages printed single-sided, excluding required forms found herein and dividers. PLEASE INCLUDE PAGE TABS/SECTION DIVIDERS AND DIGITAL FORM so that those evaluating your submittal can compare each section with others that are submitted. If any of the information provided by the Proposer is found to be, in the sole opinion of the Evaluation Committee and/or Procurement Management Director, substantially unreliable their proposal may be rejected. EVALUATION CRITERIA: The firm offering the best interview, in the opinion of the County, will be awarded a contract. Only the top three firms achieving the most points will be invited to participate in an interview after submission of responses. All submittals must be no more than 10 pages total for the criteria responses. Ver 06/08/2017 21 RFP170384ANB Annual Odor Control & Corrosion Services TAB 1: Introduction Project RFP Number & Name Firm’s Name & Address Firm’s Contact Person & Information (phone, fax and email address) TAB 2: Description of Firm How many years has proposer been in business under present name? Under what other former names has your organization operated? Proposed responsible office location. How many full-time employees are assigned to responsible office? Will work be shared amongst employees working out of different locations? If so, please provide the allocation of personnel and related work they are to perform. TAB 3: Overall Firm Experience In a concise statement, describe your firm’s experience, expertise and ability to perform the proposed required tasks maintaining project schedule and costs. 1. Proposers must provide the following details to demonstrate past relevant experience and performance: 2. Name of the client. 3. Specific details about the services provided, including location. 4. Value of the contract. 5. Duration of the contract, including inception and completion dates. 6. Specify the name, title, telephone, and email for the client's contract manager for the specified experience. Names of proposer's staff and their direct involvement in the services; and names of proposer's subcontractors and their role in the services. Governmental agency, if any, which verified compliance with its requirements or standards, and the names and telephone numbers of the key persons with direct knowledge of the compliance. Provide any other governmental or municipality experience if not previously specified. TAB 4: Company Resources: Key Personnel & Experience Provide similar project experience and qualifications for the Project Management Personnel to be assigned to this project. The project manager should have at least 10 years of Odor Control and Corrosion Service experience. Ver 06/08/2017 22 RFP170384ANB Annual Odor Control & Corrosion Services For each identified person, provide a personal resume, which includes qualifications, training and experience. Resumes shall also include the following information: a. Full name and title b. Professional credentials c. Individual's intended roles and duties in providing services pursuant to this Request for Proposal d. Office address and web address e. Email address and telephone number Do not include personnel that will not have a key role in providing services. Describe each person's respective area of expertise. *Resumes are not included within page restrictions, but should be limited to one (1) page per person. TAB 5: Project Approach Describe the latest processes that your company is using, that are technically proven and the most cost effective means possible, for odor control. Describe the latest processes that your company is using, that are technically proven and the most cost effective means possible, for corrosion control. Provide your company’s project approach and specific service/maintenance plan. Provide a narrative of the project approach and how this approach meets Lee County objectives. Include an explanation of your company's technical ability to perform all facets of the scope of services. If more than one proposer is jointly filing a proposal, details must be provided to clearly demonstrate individual roles and responsibility for all components of the project. Provide sample reports of odor and corrosion control analyses performed by your company. Provide a list of products proposed to be used to reduce hydrogen sulfide (H2S) along with chemical reaction formulas for each product. Provide a detailed description of your company’s safety plan to control the environment of the work site during onsite operations. Pricing will be taken into consideration during the evaluation process. TAB 6: References Provide a maximum of three (3) references with contract details where your firm has provided similar odor control and corrosion services associated with above experience request. All references must be with government entities. Reference information provided for each contract should include: • Contract name. • Name of owner/client. Ver 06/08/2017 23 RFP170384ANB Annual Odor Control & Corrosion Services • Owner/client contact name, phone number, and email address (ensure contact information is accurate and that contact has knowledge of the project). • List Key Personnel and their roles involved in the contract. Identify those Key Personnel who are also listed in tab 4. • Length of contract term, including start date and finish date. • Summary of work performed, a short description of services performed. TAB 7: Required Forms Forms, licenses, certifications, www.Sunbiz.org print-out, etc. (Requested information and required form(s) not part of page count.) TAB 8: Additional Information All other information that is undesignated shall be included in Tab 8. PROJECT CRITERIA The following criteria are listed in random order, not in order of importance. Following the initial evaluation process, the highest-ranking Proposer may be required to complete an additional questionnaire regarding more specific processes and capabilities. In addition, Proposer may be required to provide an on-site interview and/or system demonstration as it relates to requested and/or proposed services. CRITERIA CRITERIA DESCRIPTION MAX. POINTS AVAILABLE (CCNA) 1 Overall Firm Experience (Tabs 1, 2, 3) 20 2 Key Personnel & Experience (Tab 4) 20 3 Project Approach (Tab 5) 30 4 Safety and Sustainability 15 5 References (Tab 6) 15 TOTAL POINTS 100 *Additional details and documents found within submittal package, although not located within tabs as listed above, may be reviewed and considered by evaluation committee when scoring proposers. Ver 06/08/2017 24 RFP170384ANB Annual Odor Control & Corrosion Services RFP SUBMISSION SCHEDULE Submission Description Date(s) Time Advertise Request for Proposal (RFP) Friday, October 6, 2017 N/A Pre-Proposal Meeting Thursday, October 19, 2017 10:00 AM * Proposal Question Deadline 8 Calendar days prior to submission deadline Prior to 5:00 PM Submission Deadline Tuesday, November 7, 2017 Prior to 2:30 PM First Committee Meeting Short list discussion TBD TBD or 12:00 AM * Notify Shortlist Selection via e-mail TBD N/A Final Scoring/Selection Meeting TBD TBD or 12:00 AM * Commission Meeting TBD Additional notes on Submission Schedule: *Meeting Locations: Type in notes for the submission schedule above. (Such as a location address example: *1500 Monroe Street, Fort Myers FL 33901) NOTE: Proposed short-list and final selection meeting dates are posted on the Procurement Management web page at www.leegov.com/procurement (Projects, Award Pending). Ver 06/08/2017 25 RFP170384ANB Annual Odor Control & Corrosion Services REQUIRED FORMS REQUEST FOR PROPOSAL (NON-CCNA) These forms are required and should be submitted with all proposals. If it is determined that forms in this selection are not applicable to your company or solicitation they should be marked “N/A or Not Applicable” across the form in large letters and returned with your submission package. Note: If submitting via hard copy the original must be a manually signed original. Include additional copies, if specified, in the Solicitation documents. Form # Title/Description 1 Solicitation Response Form All signatures must be by a corporate authorized representative, witnessed, and corporate and/or notary seal (if applicable.) The corporate or mailing address must match the company information as it is listed on the Florida Department of State Division of Corporations. Attach a copy of the web-page(s) from http://www.sunbiz.org as certification of this required information. Sample attached for your reference. Verify that all addenda and tax identification number have been provided. 1a Proposal Form This form is used to provide itemization of project cost. A more detailed “schedule of values” may be requested by the County 1b Business Relationship Disclosure Requirement (if Applicable) Sections 112.313(3) and 112.313(7), FL §, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. If this disclosure is applicable request form “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by 112.313(12)(b), Florida Statute (1983)) to be completed and returned with solicitation response. It is the proposer’s responsibility to request form and disclose this relationship, failure to do so could result in being declared non-responsive. NOTICE: UNDER THE PROVISIONS OF FL § #112.317 (1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.00. 2 Affidavit Certification Immigration Laws Form is acknowledgement that the proposer is in compliance in regard to Immigration Laws. 3 Reference Survey Provide this form to a minimum of three references. This form will be turned in with the proposal package. 1. Section 1: Bidder/Proposer to complete with reference respondent’s information prior to providing to them for their response. (This is not the Bidder/Proposer’s information.) 2. Section 2: Enter the name of the Bidder/Proposer; provide the project information that the reference respondent is to provide a response for. 3. The reference respondent should complete “Section 3.” 4. Section 4: The reference respondent to print and sign name 5. A minimum of 3 reference responses are requested to be returned with bid or proposal package. 6. Failure to obtain reference surveys may make your company non-responsive. 4 Negligence or Breach of Contract Disclosure Form The form may be used to disclose negligence or breach of contract litigation that your company may be a part of over the past ten years. You may need to duplicate this form to list all history. If the Ver 06/08/2017 26 RFP170384ANB Annual Odor Control & Corrosion Services proposer has more than 10 lawsuits, you may narrow them to litigation of the company or subsidiary submitting the solicitation response. Include, at a minimum, litigation for similar projects completed in the State of Florida. Final outcome should include in whose favor the litigation was settled and was a monetary amount awarded. The settlement amount may remain anonymous. If you have no litigation, enter “None” in the first “type of incident” block of the form. Please do not write N/A on this form. 5 Affidavit Principal Place of Business Certifies proposer’s location information. Local Vendor Preference and Location Point values are excluded when prohibited by grant or funding source. (In such cases form will be informational only.) 6 Sub-Contractor List (if applicable) To be completed and returned when sub-contractors are to be utilized and are known at the time of the submission. 7 Public Entity Crimes Form (Required form) Any person or affiliate as defined by statute who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or a contract to provide any goods or services to the County; may not submit a bid on a contract with the County for the construction or repair of a public building or public work; may not submit bids or leases of real property to the County; may not be awarded or perform works as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. 8 Trench Safety (Required for Construction Projects Only) Self explanatory. 9 Bid Bond (if applicable) Self explanatory Proposal Label (Required) Self explanatory. Please affix to the outside of the sealed submission documents. The mailing envelope MUST be sealed and marked with: Solicitation Number Opening Date and/or Receiving Date Mailing Address: Lee County Procurement Management Division 1500 Monroe Street, 4th Floor Fort Myers, FL 33901 Include any licenses or certifications requested (if applicable) It is the Proposer’s responsibility to insure the Solicitation Response is mailed or delivered in time to be received no later than the specified opening date and time. (If solicitation is not received prior to deadline it cannot be considered or accepted.) Ver 06/08/2017 27 RFP170384ANB Annual Odor Control & Corrosion Services Form 1 – Solicitation Response Form LEE COUNTY PROCUREMENT MANAGEMENT SOLICITATION RESPONSE FORM Date Submitted: Deadline Date: 11/7/2017 SOLICITATION IDENTIFICATION: RFP170384ANB SOLICITATION NAME: Annual Odor Control & Corrosion Services COMPANY NAME: NAME & TITLE: (TYPED OR PRINTED) BUSINESS ADDRESS: (PHYSICAL) CORPORATE OR MAILING ADDRESS: SAME AS PHYSICAL ADDRESS MUST MATCH SUNBIZ.ORG E-MAIL ADDRESS: PHONE NUMBER: FAX NUMBER: NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE VENDOR TO CHECK LEE COUNTY PROCUREMENT MANAGEMENT WEB SITE FOR ANY ADDENDA ISSUED FOR THIS PROJECT. THE COUNTY WILL POST ADDENDA TO THIS WEB PAGE, BUT WILL NOT NOTIFY. In submitting this proposal, Proposer makes all representations required by the instructions to Proposer and further warrants and represents that: Proposer has examined copies of all the solicitation documents and the following addenda: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: Tax Payer Identification Number: (1) Employer Identification Number -or- (2) Social Security Number: ** Lee County collects your social security number for tax reporting purposes only Please submit a copy of your registration from the website www.sunbiz.org establishing the Proposer/firm as authorized (including authorized representatives) to conduct business in the State of Florida, as provided by the Florida Department of State, Division of Corporations. 1 Collusion Statement: Lee County, Florida The undersigned, as Proposer, hereby declares that no person or other persons, other than the undersigned, are interested in this solicitation as Principal, and that this solicitation is submitted without collusion with others; and that we have carefully read and examined the specifications or scope of work, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby propose and agree to furnish this service according to the requirements set out in the solicitation documents, specifications or scope of work for said service for the prices as listed on the county provided price sheet or (CCNA) agree to negotiate prices in good faith if a contract is awarded. 2 Scrutinized Companies Certification: Section 287.135, FL § , prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, FL § . As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, FL § , the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs. Ver 06/08/2017 28 RFP170384ANB Annual Odor Control & Corrosion Services Form#1 – Solicitation Form, Page 2 3 Business Relationship Disclosure Requirement: Sections 112.313(3) and 112.313(7), FL § , prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, FL § and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), FL § (1983), provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee. If this disclosure is applicable request form “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by 112.313(12)(b), Florida Statute (1983)) to be completed and returned with solicitation response. It is the proposer’s responsibility to disclose this relationship, failure to do so could result in being declared non-responsive. Business Relationship Applicable (request form) Business Relationship NOT Applicable 4 Disadvantaged Business Enterprise (DBE) proposer? If yes, please attach a current certificate. Yes No ALL PROPOSALS MUST BE EXECUTED BY AN AUTHORIZED AUTHORITY OF THE PROPOSER, WITNESSED AND SEALED (IF APPLICABLE) Company Name (Name printed or typed) Authorized Representative Name (printed or typed) (Affix Corporate Seal, if applicable) Authorized Representative’s Title (printed or typed) Witnessed/Attested by: (Witness/Secretary name and title printed or typed) Authorized Representative’s Signature Witness/Secretary Signature Any blank spaces on the form(s), qualifying notes or exceptions, counter offers, lack of required submittals, or signatures, on County’s Form may result in the submission being declared non-responsive by the County. Ver 06/08/2017 29 RFP170384ANB Annual Odor Control & Corrosion Services Ver 06/08/2017 30 RFP170384ANB Annual Odor Control & Corrosion Services Form 1a – Proposal Form (not applicable for CCNA solicitations) Lee County Procurement Management PROPOSAL FORM Company Name: Solicitation # RFP170384ANB Solicitation Name Annual Odor Control & Corrosion Services Having carefully examined the “Terms and Conditions”, and the “Detailed Specifications”, all of which are contained herein, propose to furnish the following which meet these specifications. Multi-year and Renewals The successful proposer shall be responsible for furnishing and delivering to the Lee County requesting Department commodity or services on an “as needed basis for a three-year (3) period or as specified in the Scope of Work as per specifications. There will be an option to extend this contract as specified in the Scope of Work or specification upon approval of both the County and the vendor at the time of the extension or renewal. CHEMICAL/BIOLOGICAL PRODUCTS Item # Description Unit of Measure Unit Cost 1 Bioxide Gallon 2 Bioxide Plus 71 Gallon 3 Bioxide AE Gallon 4 Odophos Gallon 5 Odophos Plus Gallon 6 Ferric Sulfate (9%) Gallon 7 PRI-SC Odophos Gallon 8 PRI-SC Odophos Plus Gallon 9 PRI-SC Ferric Sulfate (9%) Gallon 10 50% Hydrogen Peroxide Pound 11 PRI-SC Peroxide Pound 12 VX-456 (Bulk Tanker) Pound 13 VX-456 (Tote) Pound 14 Aktivox (Bulk Tanker) Pound 15 Aktivox (Tote) Pound 16 Textone L Pound 17 Endimal 1500 Pound 18 AQuit Pound 19 Alk AQuit 25 Gallon 20 AE Plus 25 Gallon 21 Sodium Hydroxide 25% Gallon 22 Sodium Hydroxide 50% Gallon 23 Sodium Hypochlorite Gallon 24 25 26 27 Ver 06/08/2017 31 RFP170384ANB Annual Odor Control & Corrosion Services *All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. * Lines 24-27 are to list additional chemicals used by proposer. EQUIPMENT The following table represents monthly cost for new installations installed in Lee County. The vendor will work with Lee County on providing the most cost-effective solutions for odor and corrosion Issues. The County will be charged the following rates based on airflow and H2S levels on sites with relatively stable hydrogen sulfide loading and typically low organic loads. This table represents primary vapor phase technology choices. Primary Vapor-Phase Technologies Monthly Costs TABLE 2 ITEM DESIGN AIR FLOW (cfm) AVERAGE DESIGN H2S CONCENTRATION (ppmv) A. <10 B. 10-150 C. 150-300 D. 300-500 1 Natural Draft 2 0-140 3 0-280 4 0-600 5 0-850 6 0-1150 7 0-1500 8 0-2000 9 0-3000 10 0-4000 11 0-5000 12 0-8000 13 0-12000 14 0-15000 15 0-18000 Notes: 1. A mobilization fee of 2 times the monthly rental fee shall apply for all units. A de-mobilization fee of 2 times the monthly rental fee shall apply for all units removed prior to 36 months. 2. If a chemical scrubber is required, all applicable sodium hydroxide and bleach shall be charged in addition to the above. Ver 06/08/2017 32 RFP170384ANB Annual Odor Control & Corrosion Services PROFESSIONAL SERVICES & OTHER PRODUCTS. The following services are offered in conjunction with odor control projects that do not include provision of technologies or services from the vendor that are found elsewhere in this contract: Fully Automated Odor Control Products Product Description Proposed 1. H2S Monitor $_________/mo. 2. Advanced Dosing Controller & Monitor $_________/mo. Monthly fee includes Internet access to data. The County shall be responsible for any necessary site improvements, utilities, and security required for the application of the products and services listed herein. Professional Services: Service Description Fee 1. Engineer or Chemist $________.00/hr. 2. Technician $________.00/hr. 3. Professional Engineer (P.E.) $________.00/hr. Ver 06/08/2017 33 RFP170384ANB Annual Odor Control & Corrosion Services Form 2 – Affidavit Certification of Immigration Laws AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: RFP170384ANB SOLICITATION NAME: Annual Odor Control & Corrosion Services LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT (“INA”). LEE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY LEE COUNTY. PROPOSER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name:_____________________________ Signature Title Date STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. Ver 06/08/2017 34 RFP170384ANB Annual Odor Control & Corrosion Services Form 3 Reference Survey Lee County Procurement Management REFERENCE SURVEY Solicitation # RFP170384ANB Annual Odor Control & Corrosion Services Section 1 Reference Respondent Information Please return completed form to: FROM: Bidder/Proposer: COMPANY: Due Date: PHONE #: Total # Pages: 1 FAX #: Phone #: Fax #: EMAIL: Bidder/Proposer E-Mail: Section 2 Enter Bidder/Proposer Information , if applicable Similar Performed Project (Bidder/Proposer to enter details of a project performed for above reference respondent) Proposer Name: Reference Project Name: Project Address: Project Cost: Summarize Scope: You as an individual or your company has been given as a reference on the project identified above. Please provide your responses in section 3 below. Section 3 Indicate: “Yes” or “No” 1. Did this company have the proper resources and personnel by which to get the job done? 2. Were any problems encountered with the company’s work performance? 3. Were any change orders or contract amendments issued, other than owner initiated? 4. Was the job completed on time? 5. Was the job completed within budget? 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10. (10 being highest) 7. If the opportunity were to present itself, would you rehire this company? 8. Please provide any additional comments pertinent to this company and the work performed for you: Section 4 Please submit non-Lee County employees as references Reference Name (Print Reference Signature Ver 06/08/2017 35 RFP170384ANB Annual Odor Control & Corrosion Services Form 4 -Negligence or Breach of Contract Disclosure Form REVISED 02/22/2017 ALLEGED NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE FORM Please fill in the form below. Provide each incident in regard to alleged negligence or breach of contract that has occurred over the past 10 years. Please compete in chronological order with the most recent incident on starting on page 1. Please do not modify this form (expansion of spacing allowed) or submit your own variation. Company Name: Type of Incident Alleged Negligence or Breach of Contract Incident Date And Date Filed Plaintiff (Who took action against your company) Case Number Court County/State Project Claim Reason (initial circumstances) Final Outcome (who prevailed) Make as many copies of this sheet as necessary in order to provide a 10-year history of the requested information. If there is no action pending or action taken in the last 10 years, complete the company name and write “NONE” in the first “Type of Incident” box of this page and return with your proposal package. This form should also include the primary partners listed in your proposal. Do not include litigation with your company as the plaintiff. Final outcome should include who prevailed and what method of settlement was made. If a monetary settlement was made the amount may remain anonymous. Page Number: Of Total pages Update the page number to reflect the current page and the total number of pages. Example: Page 3, of 5 total submitted pages of this form. Proposals may be declared “non-responsive” due to omissions of “Negligence or Breach of Contract” on this disclosure form. Additionally, proposals may be declared “not responsible” due to past or pending lawsuits that are relevant to the subject procurement such that they call into question the ability of the proposer to assure good faith performance. This determination may be made by the Procurement Management Director, after consulting with the County Attorney. Ver 06/08/2017 36 RFP170384ANB Annual Odor Control & Corrosion Services Form 5 - Affidavit Principal Place of Business AFFIDAVIT PRINCIPAL PLACE OF BUSINESS Local Vendor Preference (Non-CCNA) (Lee County Ordinance No. 08-26) Location Identification (CCNA) Instructions: Please complete all information that is applicable to your firm Company Name: Printed name of authorized signer Title ⇒ Authorized Signature Date The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. Notary: State of County of The foregoing instrument was signed and acknowledged before me this day of 20 b y who has produced as identification (or personally known) Type of ID and number ⇒ Notary Public Signature Notary Commission Number and expiration 1. Principal place of business is located within the boundaries of: Lee County Collier County Non-Local Local Business Tax License # 2. Address of Principal Place of Business: 3. Number of years at this location years 4. Have you provided goods or services to Lee County on a regular basis within the past 3 consecutive years Yes* No *If yes, attach contractual history for past 3 consecutive years 5. Number of available employees for this contract 6. Does your company have a Drug Free Workplace Policy Yes No Ver 06/08/2017 37 RFP170384ANB Annual Odor Control & Corrosion Services Form 6-Sub-contractor List SUB-CONTRACTOR LIST Sub-contractor Name Area Of Work Point Of Contact Or Project Supervisor Phone Number and Email Qualified DBE Yes/No Amount or Percentage of Total Please include sub-contractors name, area of work (i.e. mechanical, electrical, etc.) and a valid phone number and email. Also include the dollar value or percentage that the sub-contractor will be performing. If sub-contractors qualify as Disadvantaged Business Enterprise (DBE) contractors, please attach a current certificate. Ver 06/08/2017 38 RFP170384ANB Annual Odor Control & Corrosion Services Form 7: Public Entity Crime Form Page 1 of 2 This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to_________________________________________________ (Print name of the public entity) by_____________________________________________________________________________ (Print individual’s name and title) for____________________________________________________________________________ (Print name of entity submitting sworn statement) whose business address is__________________________________________________________ (If applicable) its Federal Employer Identification Number (FEIN) is _______________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W-9. 2. I understand that a “public entity crime” as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction 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, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understate 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 an 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 “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. 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 offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the 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 fair market value under an arm’s length agreement, shall be a 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. 5. I understand that a “person” as defined in Paragraph 287.133(1) (c), 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 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, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting those sworn statement. (Please indicate which statement applies.) ______ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Ver 06/08/2017 39 RFP170384ANB Annual Odor Control & Corrosion Services Public Entity Crime Form Page 2 of 2 ______ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ______ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered 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. (Attach 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 THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. 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 OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ (Signature) ____________________________________ (Date) STATE OF_________________________________ COUNTY OF_______________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________________________ (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this_________ day of___________________, 2____. ____________________________________ (NOTARY PUBLIC) My Commission Expires: _____________________________ Ver 06/08/2017 40 RFP170384ANB Annual Odor Control & Corrosion Services Form#8: Trench Safety (Required for Construction Projects Only) TRENCH SAFETY Contractor/Vendor acknowledges that included in the appropriate solicitation items of the solicitation and in the Total solicitation price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The contractor/vendor further identifies the costs of such compliance to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF, SF) ....................................................................................................................................................................................................... A. _________________ ____________ _____________ _______________ _______________ B. _________________ ____________ _____________ _______________ _______________ C. _________________ ____________ _____________ _______________ _______________ D. _________________ ____________ _____________ _______________ _______________ TOTAL $___________________________ If applicable, the contractor/vendor certifies that all trench excavation done within his control in excess of five (5') feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL-TRENCH EXCAVATION). Failure to complete the above may result in the solicitation being declared non-responsive. _________________________________ (Signature) _________________________________ (Company Name) STATE OF ____________________ COUNTY OF __________________ The foregoing instrument was acknowledged before me this _____ day of ________________ by ___________________________ (name and title of corporate officer) of ___________________ (name of corporation), a ___________________ (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced _______________________ (type of identification) as identification. ____________________________________________ (signature line for notary public) ____________________________________________ (name of notary typed, printed or stamped) ____________________________________________ (title or rank) My commission expires: ____________________________________________ _______________________________ (serial number, if any) Ver 06/08/2017 41 RFP170384ANB Annual Odor Control & Corrosion Services Form 9: Bid Bond BID BOND Complete EITHER Lee County Paper Bid Bond OR provide cashier’s check KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and (BIDDER'S Name) a Corporation licensed to do (Surety's Name) business under the laws of the State of Florida as a Surety, are held and firmly bound unto LEE COUNTY BOARD OF COUNTY COMMISSIONERS, LEE COUNTY, FLORIDA, a Political Subdivision of the State of Florida, in the SUM OF for the payment whereof, well and truly to be made, we bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, firmly, by these presents. SIGNED AND SEALED this day of , _ WHEREAS, said Principal is herewith submitting a Proposal for the construction of: NOW, THEREFORE, the condition of the above obligation is such that if said Principal shall be awarded the Contract upon said Proposal within the specified time and shall enter into a written Contract, satisfactory in form, provide an acceptable Public Payment & Performance Bond from a Surety acceptable to the COUNTY and provide other Insurance as may be required to the COUNTY within seven (7) calendar days after the written Notice of Award date, or within such extended period as the COUNTY may grant, then this obligation shall be null and void; otherwise said Principal and Surety shall pay to said COUNTY in money the difference between the amount of the Bid of said Principal and the amount for which said COUNTY may legally contract with another party to perform said work, if the latter amount be in excess of the former, together with any expenses and reasonable attorney's fees incurred by said COUNTY if suit be brought here on, but in no event shall said Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. For purposes of unsuccessful bid protests filed by the Principal herein, this obligation shall bind the Surety to pay costs and damages associated with the bid protest or delays to the project upon a finding from the Board of County Commissioners for Lee County that the bid protest was frivolous and/or lacked merit. The liability of the Surety shall not exceed the penal sum of the bid bond. Witness as to Principal: (SEAL) (Principal) __________________________ (By) Printed Name Witness as to Surety: (SEAL) (Surety's Name) ___________________________ (By-As Attorney-in-Fact, Surety) Affix Corporate Seals and attach proper Power of Attorney for Surety. Ver 06/08/2017 42 RFP170384ANB Annual Odor Control & Corrosion Services Sealed Proposal Label Cut along the outer border and affix this label to your sealed solicitation envelope to identify it as a “Sealed Submission/Proposal”. PROPOSAL DOCUMENTS • DO NOT OPEN SOLICITATION NO.: RFP170384ANB SOLICITATION TITLE: Annual Odor Control & Corrosion Services DATE DUE: Tuesday, November 7, 2017 TIME DUE: Prior to: 2:30 PM SUBMITTED BY: (Name of Company) e-mail address Telephone DELIVER TO: Lee County Procurement Management 1500 Monroe 4th Floor Fort Myers FL 33901 Note: proposals received after the time and date above will not be accepted. Lee County Procurement Management 1500 Monroe Street, 4th Floor Fort Myers, FL 33901 (239) 533-8881 www.leegov.com/procurement PLEASE PRINT CLEARLY Customer:Lee County Region:Fort Myers Beach Ft. Myers Beach WWTP WWTPPrisc H2O285GPD VX-456 4.4 GPD LS 2292 Prisc Ferric25 GPD LS 2256 Prisc H2O220 GPD LS 2271 BIOXIDE70 GPD LS 2279 BIOXIDE50 GPD LS 2263CP<10 ppm LS 2229 BIOXIDE 83 GPD LS 2237 CP <80 ppm LS 2208BIOXIDE50 GPD LS 2291 CP<0 ppm CP <1 mg/L DS Customer:Lee County Region:Central Fort Myers Central WWTP LS 480 BIOXIDE 113 GPD LS 481 CP < 100 ppm LS 482 Alk Aquit 336 GPDCP <1 mg/L DS Customer:Lee County Region:Fort Myers South South WWTP LS 393 BIOXIDE 60 GPD CP <1 ppm DS LS 3345 ODOPHOS 109 GPD CP <1 ppm DS LS 3332 Prisc H2O2 55 GPD HorizonApartments H2O2 50% 28 GPD Customer:Lee County Region:Three Oaks Three Oaks WWTP WWTP Prisc H2O2 30 GPDVX-4567 GPD LS 7786Prisc Odophos30 GPD LS 7716 Prisc Ferric47 GPD CP< 100 ppm H2S LS 7754BIOXIDE64 GPD LS 7761BIOXIDE47 GPD LS 7741 Alk Aquit 100 GPD CP<30 PPM CP<1 mg/L DS RFP170384ANB Odor Control & Corrosion Services -Annual Evoqua Water Technologies, LLC -Amendment No. 3 THIRD AMENDMENT OF THE ANNUAL AGREEMENT FOR ODOR CONTROL & CORROSION SERV1CES THIRD AMENDMENT OF THE ANNUAL AGREEMENT FOR ODOR CONTROL & CORROSION SERVICES, made and entered into by and between the Lee County Board of County Commissioners, a political subdivision of the State of Florida ("County") and Evoqua Water Technologies, LLC ("Vendor"), collectively, the "Patties." WHEREAS, the County entered into an Agreement for the annual purchase of odor control and corrosion services through Solicitation No. RFPl 70384ANB with Vendor on the 14th day of May, 2018 ("Agreement"); and, WHEREAS, the Parties mutually agree to increase the price for the annual purchase of odor control and corrosion services; and, WHEREAS, the Parties also desire to correct an error in the Primary Vapor-Phase Technologies costs table; and, WHEREAS, the Parties also desire to remove several items from the Chemical/Biological products that the Vendor no longer has available; and, WHEREAS, the Parties mutually agree that items 7, 8, 9, and 11 of the Chemical/Biological products will be listed as "NA", the price increase for Chemical/Biological products will begin on the 14th day of May, 2023. and the price increase for the Primary Vapor- Phase Technologies will begin on the 1st day of January, 2023; and, WHEREAS, the Parties also mutually agree that the price for item 9C on the Primary Vapor-Phase Technologies costs table shall be corrected from "$6,246.00" to "$7,398.00," for any installations occurring prior to the I st day of January, 2023; and, WHEREAS, the Parties desire to modify the Agreement pursuant to Article XV1. MISCELLANEOUS of the Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: Page 1 of 5 RFP l 70384ANB Odor Control & Corrosion Services -Annual Evoqua Water Technologies, LLC -Amendment No. 3 1. The price increase for Chemical/Biological products will begin on the 14th day of May, 2023 2. The Parties agree that the fo llowing Fee Schedule table shall supersede the existing Fee Schedule table for Chemical/Biological Products in Exhibit B of the Agreement: The County shall pay the Vendor for actual services rendered and products provided in accordance with the fee schedules below. CHEMICAL/BIOLOGICAL PRODUCTS Unit of Item# Description Measure Unit Cost 1 Bioxide Gallon $3.37 2 Bioxide Plus 71 Gallon $4.57 3 Bioxide AE Gallon $3.55 4 Odophos Gallon $1.68 5 Odophos Plus Gallon $2.09 6 Ferric Sulfate (9%) Gallon $2.36 7 PRI-SC Odophos Gallon NA 8 PRI-SC Odophos Plus Gallon NA 9 PRI-SC Ferric Sulfate (9%) Gallon NA 10 50% Hydrogen Peroxide Pound $0.49 11 PRI-SC Peroxide Pound NA 12 VX-456 (Bulk Tanker) Pound $1.69 13 VX-456 (Tote) Pound $2.25 14 Aktivox (Bulk Tanker) Pound $1.26 15 Aktivox (Tote) Pound $1.74 16 Textone L Pound $1 .29 17 AQuit Pound $22.00 18 AlkAGEN AQ Gallon $2.04 19 Sodium Hydroxide 25% Gallon $4.89 20 Sodium Hydroxide 50% Gallon $8.45 21 Sodium Hypochlorite Gallon $4.20 * All product prices within this section include delivery, application equipment, ongoing maintenance, technical evaluation/support service, and technology licenses. [Remainder of the page left intentionally blank.] Page 2 of 5 RFP170384ANB Odor Control & Corrosion Services -Annual Evoqua Water Technologies, LLC -Amendment No. 3 ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Notes: 3. The Parties agree that the following table shall supersede the existing table for Primary Vapor-Phase Technologies Monthly Costs in Exhibit B of the Agreement, for any installations prior to the 1st day of January, 2023: Primary Vapor-Phase Technolo~ies Monthly Costs DESIGN AIR FLOW A VERA GE DESIGN H2S CONCENTRATION (cfm) (ppmv) A. <10 B. 10-150 C. 150-300 D. 300-500 Natural Draft $251.00 $789.10 NIA NIA 0-140 $1,092.00 $1,585.91 $2,497.00 $3,055.25 0-280 $1,574.00 $2,215.71 $3,055.25 $4,264.00 0-600 $1,768.00 $2,362.00 $3,953 .00 $4,83 1.00 0-850 $2,698.00 $3,354.00 $4,351.00 $4,998.00 0-11 50 $3,048.00 $4,163.00 $5,167.00 $6,322.00 0-1500 $3,250.00 $4,204.00 $5,266.00 $6,379.00 0-2000 $3,494.00 $4,408.00 $6,3 16.00 $7,322.00 0-3000 $4,268 .00 $4,769.00 $7,398.00 $8,992.50 0-4000 $4,650.00 $5,699.00 $8,739.00 $12,356.00 0-5000 $4,950.00 $5,939.00 $9,499.00 $15,534.00 0-8000 $7,944.00 $8,968.00 $12,674.00 $16,754.00 0-12000 $11,552.00 $12,781.00 $15,534.00 $20,969.00 0-15000 $12,488.00 $13,738.00 $23,611.00 NIA 0-18000 $15,471.00 $17,162.20 $28,333.20 NIA A. A mobilization fee of two (2) times the monthly rental fee shall apply for all units installed prior to 1/1/2023. A de-mobilization fee of two (2) times the monthly rental fee shall apply for all units removed prior to 36 months after installation. B. If a chemical scrubber is required, all applicable sodium hydroxide and bleach shall be charged in addition to the above. [Remainder of the page left intentionally blank.] Page 3 of 5 RFP I 70384ANB Odor Control & Corrosion Services -Annual Evoqua Water Technologies, LLC -Amendment No. 3 ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . Notes: 4. The Parties agree that the following table shall supersede the existing table for Primary Vapor-Phase Technologies Monthly Costs in Exhibit B of the Agreement, for any installations after the 1st day of January, 2023: Primary Vapor-Phase Technologies Monthly Costs DESIGN Affi FLOW AVERAGE DESIGN H2S CONCENTRATION (cfm) (ppmv) A. <10 B. 10-150 C. 150-300 D. 300-500 Natural Draft $281.12 $883.68 NA NA 0-140 $1,223.04 $1,776.22 $2,796.64 $3,421.88 0-280 $1,762.88 $2,481.60 $3,421.88 $4,775.68 0-600 $1,980.16 $2,645.44 $4,427.36 $5,410.72 0-850 $3,021.76 $3,756.48 $4,873 .1 2 $5,597.76 0-1150 $3,413.76 $4,662.56 $5,787.04 $7,080.64 0-1500 $3,640.00 $4,708.48 $5,897.92 $7,144.48 0-2000 $3,913.28 $4,936.96 $7,073 .92 $8,200.64 0-3000 $4,780.16 $5,341.28 $6,995.52 $10,071.60 0-4000 $5,208.00 $6,382.88 $9,787.68 $13,838.72 0-5000 $5,544.00 $6,651.68 $10,638.88 $17,398.08 0-8000 $8,897.28 $10,044.16 $14,194.88 $18,764.48 0-12000 $12,938.24 $14,3 14.72 $17,398.08 $23,485.28 0-15000 $13,986.56 $15,386.56 $26,444.32 NA 0-18000 $17,327.52 $19,221.66 $3 1,733.1 8 NA A. A mobilization fee of three (3) times the monthly rental fee shall apply for all units installed after 1/1/2023. A de-mobilization fee of two (2) times the monthly rental fee shall apply for all units removed prior to 36 months after installation. B. If a chemical scrubber is required, all applicable sodium hydroxide and bleach shall be charged in addition to the above. [Remainder of the page left intentionally blank.] Page 4 of 5 RFPI 70384ANB Odor Control & Corrosion Services -Annual Evoqua Water Technologies. LLC -Amendment No. 3 IN WITNESS WHEREOF this Third Amendment of the Agreement has been signed and sealed, in duplicate, by the respective Parties hereto. DATED this 13 day of A1a ( cl ' 20~ f,!, Lee Co,my Boa,d of Co,my Commissioners. DATED this 8th day of December --- ATTEST: See Attached Officer's Certificate · (Witness) Director behalf ocurement Management, on the Board of County Commissioners , 2022 by Evoqua Water Technologies, LLC BY cd:~ Authorized Signature Thomas R. Wilson, P.E. Authorized Signature Printed Name V.P.&G.M. Authorized Signature Title Page 5 ofS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0584 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Authorize a purchase order to Applied Drilling Engineering, Inc. of Tampa, FL for well maintenance, evaluation and MIT services for a cumulative annual not-to-exceed amount of $941,437.00 for the period of May 19, 2023, to May 18, 2024, with the option for two, one-year renewals at the City’s discretion pursuant to Invitation to Bid (ITB) 15-23 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid #15-23, Well Maintenance, Evaluation and MIT Services was issued on March 17, 2022. Four bids were received on April 18, 2023, and were considered responsive to the requirements set forth in the solicitation. Applied Drilling Engineering, Inc. was selected as the lowest, most responsible bidder. The Public Utilities Department owns and operates 44 groundwater wells that are the primary source of drinking water for the City’s three water treatment plants. Recent master planning efforts identified the need to periodically maintain, evaluate and refurbish these wells. The services provided by this contract include well pump removal and replacement, well refurbishment through acidification, well evaluations and mechanical integrity testing of the City’s injection well. These services will improve water quality and well productivity. It will also allow groundwater use to be distributed more evenly across the existing wellfields. The initial contract period will be May 19, 2023, to May 18, 2024, with the option for two, one-year renewal terms. Public Utilities request for funds is based on the specified quantities in the bid tab. As this is a new contract, the amounts for the second and third years will be adjusted to account for operational needs. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY23 are available in Public Utilities’ cost centers, cost code 530300 Other Contractual Services. Funding for future fiscal years (FY24 through FY26) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 5/16/2023 April 25, 2023 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 15- 23, Well Maintenance, Evaluation and Mechanical Integrity Testing Services, to Applied Drilling Engineering, Inc. of Tampa, FL, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount $941,437.00, for the term of May 19, 2023, through May 18, 2024, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the Work Session held on May 15, 2023, (9:00 a.m.) and voted on at the Council Meeting held on May 18, 2023, (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 CLEARWATERITB # 15-23: Well Maint., Eval. and MIT Svcs. DUE DATE: April 18, 2023; 10:00 AMBID TABULATIONApplied Drilling Engineering, Inc. of Tampa, FL Item No. Description Est. Quantity(UOM)UOMUnit Price(UOM) Total Price Unit Price(UOM) Total Price Unit Price(UOM) Total Price Unit Price(UOM) Total Price 1 Pump Repair/Replacement: Mobilization/Demobilization 15 EACH $2,000.00 $ 30,000.00 $2,500.00 $ 37,500.00 $7,831.80 $ 117,477.00 $1,500.00 $ 22,500.00 2Pump Repair/Replacement:Remove & ReInstall Well Head and Pumping Equipment 15 EACH $4,500.00 $ 67,500.00 $5,000.00 $ 75,000.00 $8,950.59 $ 134,258.85 $5,600.00 $ 84,000.00 3 Pump Repair/Replacement: Perform Pump Repair 150 HOUR $200.00 $ 30,000.00 $250.00 $ 37,500.00 $237.00 $ 35,550.00 $200.00 $ 30,000.00 4 Pump Repair/Replacement: Well Disinfection 15 EACH $1,400.00 $ 21,000.00 $2,700.00 $ 40,500.00 $4,275.84 $ 64,137.60 $2,000.00 $ 30,000.00 $ 148,500.00 Subtotal for Pump Svcs: $ 190,500.00 Subtotal for Pump Svcs: $ 351,423.45 Subtotal for Pump Svcs: $ 166,500.00 5 Well Acidization: Mobilization/Demobilization 15 EACH$20,000.00 $ 300,000.00 $2,500.00 $ 37,500.00 $7,831.80 $ 117,477.00 $9,500.00 $ 142,500.00 6 Well Acidization: Perform Pre-acidizing Specific Gravity Test 15 EACH $750.00 $ 11,250.00 $1,000.00 $ 15,000.00 $4,475.33 $ 67,129.95 $2,500.00 $ 37,500.00 7 Well Acidization: Remove & Re-install Production Pump 15 EACH $4,500.00 $ 67,500.00 $5,000.00 $ 75,000.00 $8,950.59 $ 134,258.85 $5,600.00 $ 84,000.00 8Well Acidization: Provide & Install Acidization Well Head Flange Plate 15 EACH $18,000.00 $ 270,000.00 $3,500.00 $ 52,500.00 $13,425.93 $ 201,388.95 $6,000.00 $ 90,000.00 9Well Acidization: Provide 32 Percent Inhibited Hydrochloric Acid 4,000 GALS $8.50 $ 34,000.00 $7.38 $ 29,520.00 $8.27 $ 33,080.00 $10.00 $ 40,000.00 10 Well Acidization: Acidize Well 150 HOUR $200.00 $ 30,000.00 $250.00 $ 37,500.00 $59.67 $ 8,950.50 $400.00 $ 60,000.00 11 Well Acidization: Provide and Set Test Pump and Pump Well 15 EACH $5,000.00 $ 75,000.00 $3,500.00 $ 52,500.00 $8,950.59 $ 134,258.85 $5,750.00 $ 86,250.00 12 Well Acidization:Well Disinfection 15 EACH $1,400.00 $ 21,000.00 $2,700.00 $ 40,500.00 $4,275.33 $ 64,129.95 $2,000.00 $ 30,000.00 $ 808,750.00 Subtotal for Well Acid Svcs: $ 340,020.00 Subtotal for Well Acid Svcs: $ 760,674.05 Subtotal for Well Acid Svcs: $ 570,250.00 13 Well Evaluation: Mobilization/Demobilization 15 EACH $3,000.00 $ 45,000.00 $2,500.00 $ 37,500.00 $7,831.80 $ 117,477.00 $1,000.00 $ 15,000.00 14aWell Evaluation: Perform Specific Capacity Test with Production Pump 15 EACH $750.00 $ 11,250.00 $1,000.00 $ 15,000.00 $8,950.59 $ 134,258.85 $2,500.00 $ 37,500.00 14bWell Evaluation: Set Test Pump & Perform Specific Capacity Test 15 EACH $3,000.00 $ 45,000.00 $6,500.00 $ 97,500.00 $4,475.33 $ 67,129.95 $3,500.00 $ 52,500.00 15Well Evaluation: Provide & Install Test Pump for Geophysical Logging 15 EACH $3,000.00 $ 45,000.00 $3,500.00 $ 52,500.00 $4,810.37 $ 72,155.55 $3,500.00 $ 52,500.00 16 Well Evaluation:Perform Geophysical Logging 15 EACH $10,000.00 $ 150,000.00 $7,750.00 $ 116,250.00 $11,921.27 $ 178,819.05 $5,000.00 $ 75,000.00 17 Well Evaluation:Perform Video Survey 15 EACH $2,500.00 $ 37,500.00 $3,200.00 $ 48,000.00 $7,932.01 $ 118,980.15 $2,500.00 $ 37,500.00 $ 333,750.00 Subtotal for Well Eval Svcs: $ 366,750.00 Subtotal for Well Eval Svcs. $ 688,820.55 Subtotal for Well Eval Svcs. $ 270,000.00 18 MIT: Perform Mechanical Integrity Testing 1 LUMP SUM $83,595.00 $ 83,595.00 $44,167.00 $ 44,167.00 $75,000.00 $ 75,000.00 $75,000.00 $ 75,000.00 Total Bid Items 1 – 18: $ 1,374,595.00 Total Bid Items 1 – 18: $ 941,437.00 Total Bid Items 1 – 18: $ 1,875,918.05 Total Bid Items 1 – 18: $ 1,081,750.00 19 Hourly Rate for Miscellaneous Services 1 HOUR $ 350.00 $ 350.00 $ 250.00 $ 250.00 $ 745.90 $ 745.90 $ 300.00 $ 300.00 20 Mark Up on Supplies for Miscellaneous Services 1 % 20%20%15%15%42.9%42.9%35.0%35.0%Items with a star ( ) indicates intent to award.Layne Christensen Company of Fort Myers, FL Southeast Drilling Services, Inc. of Tampa, FLSubtotal for Well Eval Svcs:Subtotal for Well Acid Svcs:Subtotal for Pump Svcs:A.C. Schultes of Florida, Inc. of Gibsonton, FLPage 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0585 Agenda Date: 5/18/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize an increase on purchase orders to WM Recycle America, LLC (WM/RA) and Waste Connections of Florida, Inc., for the processing of municipal single stream recycling commodity at the contractors’ Materials Recovery Facilities in a cumulative not to exceed amount of $400,000, bringing the total amount to $800,000 pursuant to Clearwater Code of Ordinances, Section 2.563(1)(d), non-competitive purchase (Impractical), and authorize the appropriate officials to execute same. (consent) SUMMARY: At the January 30, 2023 council work session, staff presented a Recycling Program Update in response to the findings that collected material from the city’s single stream recycling program were not being disposed of as a recyclable commodity. In January 2023, Purchase Order #901756 was issued to WM/RA for the processing of single stream material at a rate of $150.00 per ton. In February 2023, Purchase Order #901785 was issued to Waste Connections of Florida, Inc. for the processing of single stream material at a rate of $125.00 per ton. At the February 16, 2023 council meeting, an additional $300,000 was approved for allocation between the two vendors for processing expenses during February, March and April. To date, the City has spent approximately $240,319 for the processing of single stream recycling material during February and March. Staff is requesting permission to allocate this additional $400,000 between the two vendors to achieve the lowest cost for the rate payers for the single stream material that is collected from both Clearwater residents and the city’s municipal partners. Additionally, staff is seeking authorization to allocate additional funding between two vendors should unforeseen circumstances arise that would prevent one vendor from processing the city’s single stream material. As of March 6, 2023, the City has transported approximately 1,002.81 tons of single stream material to WM/RA, for a total cost of $150,421.50 during calendar year 2023. As of March 31, 2023, the City has transported approximately 719.18 tons of single stream material to Waste Connections, for a total cost of $84,683.75 during calendar year 2023. Staff transitioned delivery of municipal single stream material to Waste Connections as of March 7, 2023, to achieve greater cost efficiency. The anticipated term of this additional proposal is for a period of three months, through the end of July 2023. On April 25, 2023, an evaluation committee composed of Staff from the Solid Waste Department, Public Utilities Department, and the Office of Management & Budget Page 1 City of Clearwater Printed on 5/16/2023 File Number: ID#23-0585 reviewed proposals submitted under Invitation to Negotiate #29-23, Single Stream Recycling Processing, and authorized negotiations to commence with two respondents. Staff anticipates that negotiations with both vendors will last up to 60 days with the intent to produce a long-term recycling processing contract for consideration by the City Council. This agenda item is needed to have sufficient funds for the processing of recycling until a new contract can be brought back to City Council. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will increase contractual services in recycling cost centers by a total of $400,000 to account for this contract increase. Sufficient revenues are budgeted in the Solid Waste and Recycling Fund to offset this expenditure increase. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/16/2023 WASTE MANAGEMENT INC. OF FLORIDA Pinellas Transfer Station 12950 40th Street North Clearwater, FL 33762 561-607-3038 Tbowers3@wm.com EMAIL February 9, 2023 Kervin St. Aimie City Of Clearwater Assistant Director of Solid Waste 1701 N. Hercules Avenue Clearwater, FL 33765-1112 Re: Short Term Recycling Processing Dear Mr. St. Aimee: Per our recent discussion regarding recycling processing, WM-Waste Management will offer the City of Clearwater a “spot” rate for recycling materials processing. As we discussed this will be a short-term arrangement until the city determines their long-term plan. WM would be able to accept material under the following conditions: • The material is of sufficient quality such that most of the load could be marketed as a commodity. This would be determined through visual inspections of the loads. • The total monthly capacity available to the city for single stream processing is up to 850 tons per month delivered to the WM-Tampa Material Recycling Facility. If sending more than four (4) trailer loads on a given weekday (Monday – Friday), communication with site management must take place prior to the additional shipments. • Total processing rate per ton will be $150.00/ton with no revenue sharing. • In order to assist the city, WM can commit to this arrangement on a month-to-month basis until a new agreement can be reached. WM-Waste Management would welcome further discussion around a future longer-term contract with volume commitment. We look forward to continuing to service the City of Clearwater. Please reach out to me with any inquiries you may have. Sincerely, Tim Bowers Government Affairs 561-607-3038 Fwd: 2/8 Followup Kurt Salac <kurt.salac@wasteconnections.com> Thu 2/9/2023 10:56 AM To: Carlson, Hunter <Hunter.Carlson@MyClearwater.com> CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Mr. Carlson, As per our conversations over the past few weeks, we are able to accept your single stream materials at our St. Petersburg MRF at a rate of $125/ton. Unfortunately, given the volatility of current market conditions, we are unable to offer any revenue sharing. We cannot commit to a specific capacity guarantee at this point, but as per our discussions, we should be able to accommodate the majority of your materials. We will continue to work towards being able to give you more capacity specifics moving forward. Please let me know I may be if any further assistance. Thank you, Kurt Salac From: Carlson, Hunter <Hunter.Carlson@MyClearwater.com> Sent: Wednesday, February 8, 2023 12:35 PM To: Kurt Salac <kurt.salac@wasteconnections.com> Cc: Maxwell, Micah <micah.maxwell@MyClearwater.com>; St. Aimie, Kervin <Kervin.StAimie@myclearwater.com>; Ravins, Jay <Jay.Ravins@myClearwater.com>; Vogel, Lori <Lori.Vogel@myClearwater.com> Subject: 2/8 Followup Good af t er noon K ur t , I jus t lef t y ou a v oic e m ail f ollowing u p on our c on v er s at ion y es t er day r egar ding av aila ble c apac it y a nd r ate information with Waste Connections. We will be br inging an agen da it em f or war d nex t M onday ( 2/ 13) t hat pr opos e s Good afternoon Kurt, I just left you a voicemail following up on our conversation yesterday regarding available capacity and rate information with Waste Connections. We will be bringing an agenda item forward next Monday (2/13) that proposes additional funding for this purpose. In order to finalize that request, the city requires a letter from Waste Connections containing the following components: Total monthly Capacity Available to the City for single stream processing Total Rate per Ton (including disclosure about revenue sharing) Total period in which both of these factors are available To remain on schedule for this item to go forward next week, I would ask if this documentation can be provided by this afternoon. Feel free to call me with any questions or concerns. Thank you, Hunter Carlson Senior Budget Analyst Ofϐice of Management & Budget City of Clearwater | (727) 562-4551 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0507 Agenda Date: 5/18/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G2H99 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), to replace golf cart with a new golf cart at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-06. SUMMARY: FDOT JPA Agreement G2H99 provides for an 80% grant for a replacement golf cart at Clearwater Airpark, with Airpark Reserves providing a 20% match. The existing golf cart has surpassed its useful life and a new golf cart is required. The project cost is estimated at $17,000 with FDOT contributing $13,600 and Airpark Reserves providing a $3,400 match. FlyUSA will reimburse Airpark reserves for the cost of the golf cart. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will increase 4021325-591000, Contribution to Garage Fund, by $17,000 to fund this purchase. An offsetting revenue amendment will recognize grant revenues of $13,600 and the use of $3,400 of Airpark Fund reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by mid-year budget amendment allocating Airpark Fund reserves in the amount of $3,400 to provide the cash match for this purchase. The remaining balance of Airpark Fund reserves after 25% working capital reserves is approximately $208,167 or 63% of the current Airpark Fund operating budget. Page 1 City of Clearwater Printed on 5/16/2023 RESOLUTION NO 23-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO REPLACE EXISTING GOLF CART WITH A NEW GOLF CART AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for replacing existing golf cart with a new golf cart at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 452809-1-94-01, Contract No.: G2H99 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2023. ____________________________ Brian Aungst Sr. Mayor Approved as to form: Attest: __________________________ _____________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR FLAIR Category: 088719 452809-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G2H99 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Replace Airport Vehicle , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Page 1 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 9. Project Cost: a. The estimated total cost of the Project is $17,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $13,600 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. Page 3 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Page 4 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Page 5 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of-Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Page 6 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: Page 7 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any Page 8 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Page 9 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial Page 10 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Page 11 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. Page 12 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Page 13 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, Page 14 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in Page 15 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 16 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 03/27/2023 | 2:48 PM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Replace Airport Vehicle B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): D. Deliverable(s): Replacement vehicle for Clearwater Airpark. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 17 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 Page 18 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 452809-1-94-01 452809-1-94-01 DDR LF 088719 088719 2023 2023 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $13,600.00 $3,400.00 Total Financial Assistance $17,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Capital Equipment/ Preventative Maintenance $13,600.00 $3,400.00 $0.00 $17,000.00 80.00 20.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $13,600.00 $3,400.00 $0.00 $17,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 19 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 20 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 21 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 22 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 23 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 24 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 25 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 26 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 27 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 28 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 29 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 30 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 31 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 32 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 33 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 34 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non-compliance with the terms of the agreement. - End of Exhibit E - Page 35 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 36 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $13,600 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 37 of 37 DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2H99 3/27/2023 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 3/27/2023 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$13,600.00 Financial Project:45280919401 Work Activity (FCT):215 CFDA: Fiscal Year:2023 Budget Entity:55100100 Category/Category Year:088719/23 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$13,600.00 Contract:G2H99 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:03/23/2023 Ending Date of This Agreement:06/30/2026 Contract Total/Budgetary Ceiling:ct = $13,600.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Replace Airport Vehicle Page1 of 1 To: Raymond.Clark@dot.state.fl.us DocuSign Envelope ID: 9EBB2345-F7AC-4EAC-8B7A-C54E4C151495 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0508 Agenda Date: 5/18/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G2I04 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Design of Terminal and FBO Building at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-07. SUMMARY: FDOT JPA Agreement G2I04 provides for an 80% grant for the Design of new terminal and FBO building, with 20% cash match. The design will provide the building plans and permitting for the new building. The project cost is estimated at $300,000 with FDOT contributing $240,000 and FlyUSA reimbursing the City for the cash match portion estimated at $60,000. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish capital project G2307, Aviation Operations Center, and provide a budget increase of $300,000 representing grant revenues of $240,000 and reimbursement revenue of $60,000 to fund this project. Page 1 City of Clearwater Printed on 5/16/2023 RESOLUTION NO 23-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO DESIGN NEW TERMINAL AND FBO BUILDING AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for designing a new terminal and FBO building at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 452861-1-94-01, Contract No.: G2I04 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2023. ____________________________ Brian Aungst Sr. Mayor Approved as to form: Attest: __________________________ _____________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 452861-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G2I04 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Design New Terminal FBO Building at Clearwater Airpark, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance Page 1 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 9. Project Cost: a. The estimated total cost of the Project is $300,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $240,000 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Page 3 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department Page 4 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for Page 5 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of-Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Page 6 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Page 7 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided Page 8 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and Page 9 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Page 10 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or Page 11 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. Page 12 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any Page 13 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the Page 14 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Page 15 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 16 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 03/28/2023 | 10:50 AM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Design New Terminal FBO Building at Clearwater Airpark B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, building (foundation, structure, roof, MEP, drainage, and fire prevention and protection), pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required to complete the building project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Design of new terminal and FBO facility at Clearwater Airpark. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 17 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 Page 18 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 452861-1-94-01 452861-1-94-01 DPTO LF 088719 088719 2023 2023 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $240,000.00 $60,000.00 Total Financial Assistance $300,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $240,000.00 $60,000.00 $0.00 $300,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $240,000.00 $60,000.00 $0.00 $300,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 19 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 20 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 21 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 22 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 23 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 24 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 25 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 26 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 27 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 28 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 29 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 30 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 31 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 32 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 33 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 34 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non-compliance with the terms of the agreement. - End of Exhibit E - Page 35 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 36 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $240,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 37 of 37 DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2I04 3/28/2023 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 3/28/2023 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$240,000.00 Financial Project:45286119401 Work Activity (FCT):215 CFDA: Fiscal Year:2023 Budget Entity:55100100 Category/Category Year:088719/23 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$240,000.00 Contract:G2I04 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:03/27/2023 Ending Date of This Agreement:06/30/2026 Contract Total/Budgetary Ceiling:ct = $240,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Design New Terminal FBO Building Page1 of 1 To: Raymond.Clark@dot.state.fl.us DocuSign Envelope ID: 365F821D-8640-44E3-AF3F-2CB3556D6253 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-0509 Agenda Date: 5/18/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G2H31 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Re-mill and Overlay of asphalt on portions of the Apron at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 23-08. SUMMARY: FDOT JPA Agreement G2H31 provides for an 80% grant for the Clearwater Airpark Remill and Overlay Grant, with Airpark Reserves providing a 20% match. The remill and overlay will repair areas of the apron that have surpassed its useful life with asphalt cracking and deterioration causing safety issues. The project cost is estimated at $2,000,000 with FDOT contributing $1,600,000 and Airpark Reserves providing a $400,000 match. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will provide a transfer of $350,000 of Airpark Revenues allocated from reserves and an increase of $1,400,000 in grant revenues in capital project G2306, Apron Relayment, to fund this project. USE OF RESERVE FUNDS: Funding for this contract will be provided by mid-year budget amendment allocating Airpark Fund reserves in the amount of $350,000 to provide the additional cash match for this project. The remaining balance of Airpark Fund reserves after 25% working capital reserves is approximately $208,167 or 63% of the current Airpark Fund operating budget. Page 1 City of Clearwater Printed on 5/16/2023 RESOLUTION NO 23-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO REMILL AND OVERLAY THE ASPHALT ON PORTIONS OF THE APRON AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for the remill and overlay of asphalt on portions of the apron at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 446805-1-94-01, Contract No.: G2H31 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2023. ____________________________ Brian Aungst Sr. Mayor Approved as to form: Attest: __________________________ _____________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR FLAIR Category: 088719 446805-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G2H31 Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Reconstruction and Mill/Overlay, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Page 1 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. Page 2 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 9. Project Cost: a. The estimated total cost of the Project is $2,000,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,600,000 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. Page 3 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Page 4 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Page 5 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of-Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Page 6 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: Page 7 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any Page 8 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Page 9 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial Page 10 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Page 11 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. Page 12 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor’s Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Page 13 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, Page 14 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in Page 15 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 16 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 03/30/2023 | 2:35 PM EDT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Reconstruction and Mill/Overlay B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Apron Rehabilitation/Reconstruction: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, pavement enhancement or reconstruction (such as concrete, asphalt, rejuvenators, or sealants), joint construction, pavement markings, lighting and signage, drainage, and utilities, including all materials, equipment, labor, and incidentals required to rehabilitate or reconstruct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron (Construction/Extension/Strengthening): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, erosion control, demolition, excavation, embankment, subgrade preparation, base course, surface course, joint construction, pavement markings, lighting system improvements (includes conduits, lights, conductors, cans, lightning protection, vault, and ALCS upgrades), high-mast lights and signage, drainage, utilities, and fencing and gates, including all materials, equipment, labor, and incidentals required to construct the apron pavement. The Sponsor will comply with Aviation Program Assurances. Apron Lighting Installation/Upgrade: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey costs, construction inspection and material testing costs, mobilization and demobilization, maintenance of traffic, demolition, trenching and backfilling, high-mast lights, signage, airfield lighting, cables, guidance signs, conduits, lightning protection, structural concrete, required vault equipment modifications, and pavement repairs, including all materials, equipment, labor, and incidentals required to complete the work. The Sponsor will comply with Aviation Program Assurances. Apron Markings: As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, survey, construction inspection costs, mobilization and demobilization, maintenance of traffic, pavement marking removal, surface preparation, pavement markings, and safety barricades, including all materials, equipment, labor, and incidentals required to mark the apron. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Reconstruction, rehabilitation of runways and taxiways at Clearwater Airpark. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. Page 17 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 18 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 446805-1-94-01 446805-1-94-01 DDR LF 088719 088719 2023 2023 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $1,600,000.00 $400,000.00 Total Financial Assistance $2,000,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $1,600,000.00 $400,000.00 $0.00 $2,000,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $1,600,000.00 $400,000.00 $0.00 $2,000,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 19 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 20 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 21 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 22 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 23 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 24 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 25 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 26 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 27 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 28 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 29 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 30 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 31 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 32 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 33 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 34 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non-compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non-compliance with the terms of the agreement. - End of Exhibit E - Page 35 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 36 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 01/23 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $1,600,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 37 of 37 DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2H31 2/15/2023 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 2/15/2023 Action:Original Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$1,600,000.00 Financial Project:44680519401 Work Activity (FCT):215 CFDA: Fiscal Year:2023 Budget Entity:55100100 Category/Category Year:088719/23 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$1,600,000.00 Contract:G2H31 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:02/14/2023 Ending Date of This Agreement:06/30/2026 Contract Total/Budgetary Ceiling:ct = $1,600,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:Reconstruction and Mill/Overlay Runway & Taxiways Page1 of 1 To: Raymond.Clark@dot.state.fl.us DocuSign Envelope ID: 97568CAD-87FD-49EF-A1B5-DE315BEB3BB2