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AGREEMENT FOR PROFESSIONAL SERVICES - RFQ 34-23 (35) DocuSign Envelope ID:59A00936-87C94C5D-9511-E2133D2308E1 Agreement For Professional Services RFQ#34-2 This AGREEMENT is made and entered into on the 20=r � of July 20 y and between the City of Clearwater, Florida(CITY) s$ QgONSUL.T T) with an effective date August 1, 2021 WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perforra certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS,the CONSULTANT T desires to provide such professio • i services in accordance with thisAgreement; and WHEREAS,in accordance with the competitive selection process described in Section 287.055 o the Florida Statutes, the CITY selected the CONSULTANT NT based on Request for(qualifications (" F ")#34-23 and responses by the CONSULTANT to RFQ#34-23. NOW, E EFC} E, in consideration of the mutual promises contained herein and ether good and valuable consideration,the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference,and the Parties further agree as follows: 1. S T The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. ® C° CL SIC: 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #3423, Scope of Services, 2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific Work Order(s), Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 1 DocuSign Envelope ID:59A00936-87C94C5D-951 1-E2133D2308El Total compensation for all services shall not exceed $_100,000.00 unless specifically authorized by the City Council. See Work Order Template attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder and shall diligently execute the work to meet the completion time established in the Work Orders.The CONSULTANT shall notify the CITY by U.S.Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects,phases,tasks, or assignments. The CONSULTANT will,when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PER1OftAff_S_XRVLCM 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed four 4 years effective August 1, 2023, subject to the provisions for termination contained herein. Assigninents that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date,this Agreement shall continue with all terms,conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. N: S r, S I 4.0 FRO-M I � �'s NEGOTIATION ACT ALChLAJ Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 2 DocuSign Envelope ID:59A00936-87C9-4C5D-951 1-E2133D2308El surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 C ..ENERA. LQNSA DERA11QNS S.I. All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the CONSULTANT. 51 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets, The CONSULTANT' shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities, The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired arid providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT'S written request,the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT'aced CITY mutually deem necessary, 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agree ent- and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other, 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, darnagges, 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 CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT Notwithstanding any provision herein to the contrary,this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is riot intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 3 DocuSign Envelope ID:59A00936-87C94C5D-951 1-E2133D2308El consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a fall or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each requestfor payment. 5.10 Unless otherwise required by law or judicial order,the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data,technical processes,business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for "In House" use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarle.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater(hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law, 4 DocuSign Envelope ID:59A00936-87C9-4C5D-951 1-E2133D2308El C) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract,the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 119.1 a,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 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. 5 DocuSign Envelope ID:59A00936-87C94C5D-9511-E2133D2308E1 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 contractors address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be seat 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 rn. an electronic format. A contractor who complies with a public records request within 8 business lots after the notice is sent is not liable for the reasonable costs €f enforce e t, 6.0 C Ctr ANSA °I N 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S IT'S invoice and as provided in this Agreement (attached as Exhibit ). .2 Compensation for services shall be invoiced by the CONSULTANT TANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, §21 x.70, Florida Statutes. .3 The CONSULTANT agrees to allow null and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person,otherthan a bona fide employee working solely for the CC N St.ILTANT to solicit or secure this Agreernent and that it has not paid or agreed to pay any person, corrrpany, corporation, individual, or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon orresulting from the award or making of this Agreement. ,0 TERMINATION FO CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT ANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date ofterrmilation. .0 SUSPENSION, CANCELLATIONNT If the project described in any Work Order is suspended, canceled, or abandoned by the C fTY,without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated Vv2015.mrn DocuSign Envelope ID:59A00936-87C9-4C5D-951 1-E2133D2308El for professional services provided up to the date of suspension, cancellation, or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in§ 287.017,F.S.,for Category Two(currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135,Florida Statues, specifically by executing the forms provided(attached as Exhibit Q. 14.0 RFO#34-23, TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #34-23, Terms of Conditions are incorporated by reference (attached as Exhibit D). 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i)this Agreement and subsequent Amendments; (ii) RFQ#34-23, Terms and Conditions; and (iii)Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit E, which is incorporated by reference (attached as Exhibit E). Vv2015.mm DocuSign Envelope ID:59A00936-87C9-4C5D-951 1-E2133D2308El 17.0 TERMINATION FOR LACK OF FUNDING The CITY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. 18.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. CONSULTANT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1)or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may not be awarded a public contract for at least I year after the date of which this Agreement was terminated. CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] Vv2015.mm DocuSign Envelope ID:59A00936-87C9-4C5D-951 1-E2133D2308El IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement on the date and year first above written. Terracon Consultants, INC. (Consultant's.......... By: ... ............. ............ Print Name: Title WITNESS: By: Print Name: 7 , L Countersigned. CITY OF CLE ATE DocuSigned by: DocuSigned by: 49 BNOD427– —------ �4AQ�, -- -- I'll 1 —111-1-1-- -- E EwO*TBviur C Brian Aungst Sr. Jenni eTwirrier Mayor City Manager DS Approved as to form: Attest: DocuSigned by: DocuSigned by- D8CN46D 20DD5FEC)FF Jerrod Simpson Rosemarie r1all Sr. Assistant City Attorney City Clerk W015.mm DocuSign Envelope ID:59A00936-87C94C5D-951 1-E2133D2308El Exhibit '13 PROVISION OF PAYMENT ENGINEER OF RECORD. BASIS FOR PAYMENT The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" -Hourly Rate- Compensation in the form of burdened hourly rates. Burdened (direct+indirect)Hourly Rate+ Subconsultant Cost+Other Direct Costs, Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating margin and profit. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,copying, long distance telephone calls, etc. Method "B" -1� � S�um - Compensation in the form of"lump sum" for all work associated with a Work Order or task and shall be determined by mutual agreement between the ENGINEER and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ENGINEER. Hourly Rates - The estimated hourly rates below represent 2023 costs and categories. Periodic changes are anticipated, and modifications may be made annually in writing to the City for review and approval. DocuSign Envelope ID:59A00936-87C94CM-951 1-E2133D2308E1 CITY OF CLEAR AT ENGINEER OF RECORD 8/1/23 to 7/31/27 ENGINEER OF RECORD: Terracon Consultants, Inc Please fill out the chart below with job classification and hourly rate. Job Classification Burdened Hourly-Rate Senior Vice President $284 . 55 VP/officer-in-Charge $248 . 54 Senior Project Manager/Group Manager $227. 51 Project Manager/Associate Principal $226. 08 Pr Senior Engineer/Senior Scientist $186. 69 Engineer/Scientist (III-IV) $168 . 04 T............$141. 72' " ' ......---------------- ----------------------------------- .............. Engineer/Scientist (I-III) Senior Inspector $115 . 92 Inspector F$100 . 67 ------------- C Operator $125 . 69 Project Scientist $75 . 83 ---------------------- .........................................._.....a Field Technician $72 . 94 Admin/Clerical $67 . 54 ------------------- ------------- ------------------------- - —------------------------------------ "'__1�------'­--­'­---­­----------------- ----------------------------------------------- ................... --------—---————------------- DocuSign Envelope ID:59A00936-87C94C5D-951 1-E2133D2308El RF Q 34-23, Exhibit C—Forms TRUTH-IN-NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida, Statutes, and The Truth in Negotiations Act (TINA), certifies Contractor that wage rates, fringe rates and other factual unit costs supporting the compensation for the services of to be provided under this Agreement, concerning are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they are an authorized representative of the proposer who may, legally hi I the proposer attest to the accuracy of the information: 1,11, , I/; 11/ / 1� 7 A/V ........................... N Authorized Signature ...... ... 1A Printed Name ........................ -I......................... Title STATE OF -jjb6_dQ,,, Name of Entity/Corporation COUNTY OF GN" The foregoing instrument was acl nowledgcd before me by means ofkysical presence or 0 online notarization on, thisr day of , 20,,20,22) .......... (n, 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 ta ( y stephani Deitch -- NOTARYPUBLIC —--------..........—---- ............ ................ STATE OF FLORIDA Notary J)l1c X1. comrn#GG980135 _tw Expires 4120/2024 Printed Name My Commission Expires: NOTARY SEAL ABOVE ouo SignEnvelopvm: 1 1'e2133o2308El RFQ 34-23, Exhibit C FO[mNs 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 BIDIPROpOSAL. FA&URETO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The ofhant, by virtue of the signature ba|ow, 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'Verifysystem toverify the work authorization status ofnewly hired employees. 3. The Contractor will not anter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verifyeyob*m. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not emp|ny, contract with, orsubcontract with unauthorized alien. S. The Contractor must maintain acopy nfsuch affidavit. 0. The Qh/may terminate this Contract on the gond faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.OA(1)or448.O&5(2)(o). 7. If this Contract is terminated pursuant to Florida Statute 448095(2)(o). 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 ioliable for any additional cost incurred bythe City oa a resultofthe termination of this Contract. Printed N ame Title ' Name of Entity/Corporation STATE O COUNTY OF The foregoing instrument was acknowledgld before me bypnyoe online notarization on, this _���!/uv dmy of . 2nA��` by (name of person w��na eignotune is being notarized) ee the (tide) ~ of oorpnretinnlend!y)' personally known or produced (type identification)anide ifiwho did/did not take anoath. Stephan, C9 ~ NOTARY PUBLIC STATF OF FLORIDA 1-11 nA Expires 412012024 �. MAn 1 . Printed-Name I MyCommission Expires: ouo SignEnvelopvm: 1 1'e2133o2308El RF[] 34-23. Exhibit SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BIDIPROPOSAL.FAILURE TO SUBMIT THIS FORM AS REQUIRED.MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, byvirtue ofthe signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements ufsection 287.136' Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, orengaged inaboycott mfIsrael; and 2. The vendor, oompany, ind|vidue|, principa[, auboidiary, affi|iahe, orowner ieeligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott |mnae| Liat, or engaged in a boycott ufIsrael; and 3. "Boycott |aroe|^ or"boycott of|enae|^ means refusing to dea|, bann|nebng business mctivitiao, or taking other actions 10 limit commercial relations with |onme|, or persons or entities doing business in |snom| or in Israel!-controlled tarriburiao, in a discriminatory manner. A statement by a company that it in 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 acompany ieparticipating inaboycott ufIsrael; and 4. If awarded the Contract(or Agreement),the vendor,company, individual, principal, subsidiary,affiliate, orowner will immediately notify the City ofClearwater in writing, no later than five (5) calendar days after any ofits principals are placed onthe Scrutinized inaboycott ufIsrael. Aulhbrized Signature Printe,O Name- Name of Entity/Corporation STATE OF COUNTY OF The foregoing instrument a ed before me by njeans of ical presence or O online notarization on. th|a _�(�i�= day of 2049. by (name of person whis being notarized) as the (title) o (name of ourpomationAanthy), parmono|k/ knmwn or produced (type of |dentificawho did/did not take an oath. NOTARY PUBLIC C/ 00980135 —Notary Public ' Expires 4/20/2M Printed Name My Commission Expires: NOTARY SEAL ABOVE ouo SignEnvelopvm: 1 1'e2133o2308El RF{] 34-23. Exhibit SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BIDIPROPOSAL/S$1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THEBIDIPROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, byvirtue ofthe signature below,certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements ofsection 287.135, Florida Statutes,regarding companies onthe Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Liot, or engaging inbusiness operations inCuba 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 }ren Petroleum Sector Liot, or engaged in business operations inCuba and Syria; and 3. Business Operations means,for purposes specifically related to Cuba or Syria, engaging in commerce inany form in Cuba urSyria, |nu|uding, but not limited to, acquiring, deve|oping, maintoining, mwning, selling, possessing, leasing oroperating equipment, faoi|itiea, personnel, producto, servicea, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. |fawarded the Contract(or AQn*ement).the vendor, company, individum|, prinoipa|, nubm|diary, affi|iote, orowner will immediately notify the City ofClearwater in writing, no later than five (5) calendar days after any ofits principals are placed on the Scrutinized C i ih Aptivities in Sudan List, the Scrutinized Companies with Activities in the Iran Petrol,eonl, S.99tor, or engaged in business operations inCuba and Syria. ' Printed Narnb,-�, 1-1--lajw Name of Entity/Corporation STATE OF COUNTY OF The foregoing instrument dged before meby me, s W25hysical presence online notarization this day of . 20'?a by (name of person �hn signature is being notarized) as the (title) � corpuroUo�entity). personally known �� or produced (type of identification) aaidentification,and who did/did not take anoath. Stephani Deitch NOTARY PUBLIC STATE OF FLORIDA _ Cmnyr&GG980135 Notary Public Expires 4/20/2024Printed Name K8yCommission Expires: NOTARY SEAL ABOVE